2005 Idaho Code - 39-5708 — CIVIL PENALTIES FOR VIOLATIONS OF PERMIT

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 57
                   PREVENTION OF MINORS' ACCESS TO TOBACCO
    39-5708.  CIVIL PENALTIES FOR VIOLATIONS OF PERMIT. Any permittee who
fails to comply with any part of this chapter, or any current state or local
law or rule or regulation regarding the sale or distribution of tobacco
products shall be subject to a civil penalty as provided in this section or
have their permit suspended, pursuant to compliance with the contested case
provisions of the Idaho administrative procedure act, chapter 52, title 67,
Idaho Code, or both.
    (1)  If a seller who is not a permittee violates section 39-5705, Idaho
Code, and sells or distributes tobacco products to a minor, the seller shall
be fined one hundred dollars ($100).
    (2)  In the case of a first violation, the permittee shall be notified in
writing of penalties to be levied for further violations.
    (3)  In the case of a second violation, the permittee shall be fined two
hundred dollars ($200) and shall be notified in writing of penalties to be
levied for further violations. For a violation of section 39-5705, Idaho Code,
the permittee shall not be fined if the permittee can show that a training
program was in place for the employee and that the permittee has a form signed
by that employee on file stating that they understand the tobacco laws dealing
with minors and the unlawful purchase of tobacco, but the permittee shall be
notified in writing of penalties to be levied for any further violations. If
no such training is in place, the permittee shall be fined two hundred dollars
($200).
    (4)  In the case of a third violation in a two (2) year period, the
permittee shall be fined two hundred dollars ($200) and the permit may be
suspended for up to seven (7) days. If the violation is by an employee, at the
same location, who was involved in any previous citation for violation, the
permittee shall be fined four hundred dollars ($400). Effective training and
employment practices by the permittee, as determined by the department shall
be a mitigating factor in determining permit suspension. Tobacco retailers
must remove all tobacco products from all areas accessible to or visible to
the public while the permit is suspended.
    (5)  In the case of four (4) or more violations within a two (2) year
period, the permittee shall be fined four hundred dollars ($400) and the
permit shall be revoked until such time that the permittee demonstrates an
effective training plan to the department, but in no case shall the revocation
be for less than thirty (30) days. Tobacco retailers must remove all tobacco
products from all areas accessible to or visible to the public while the
permit is revoked.
    (6)  All moneys collected for violations pursuant to this section shall be
remitted to the prevention of minors' access to tobacco fund created in
section 39-5711, Idaho Code.