2013 Vermont Statutes
Title 07 Alcoholic Beverages
Chapter 40 TOBACCO PRODUCTS
§ 1002 License required; application; fee; issuance

1002. License required; application; fee; issuance

(a) No person shall engage in the retail sale of tobacco products, tobacco substitutes, or tobacco paraphernalia or provide a vending machine for their sale in his or her place of business without a tobacco license obtained from the Department of Liquor Control. Tobacco licenses shall expire midnight, April 30, of each year.

(b) The Board shall prepare and issue tobacco license forms and applications. These shall be incorporated into the liquor license forms and applications prepared and issued under this title. The licenses issued under this section shall be entitled "LIQUOR LICENSE," "LIQUOR-TOBACCO LICENSE" or "TOBACCO LICENSE," as applicable. The Board shall also provide simple instructions for licensees designed to assist them in complying with the provisions of this chapter.

(c) Each tobacco license shall be prominently displayed on the premises identified in the license.

(d) A person applying simultaneously for a tobacco license and a liquor license shall apply to the legislative body of the municipality and shall pay to the Department only the fee required to obtain the liquor license. A person applying for a tobacco license shall submit a fee of $100.00 to the legislative body of the municipality for each tobacco license or renewal. The municipal clerk shall forward the application to the Department, and the Department shall issue the tobacco license. The tobacco license fee shall be forwarded to the Commissioner for deposit in the Liquor Control Enterprise Fund.

(e) A person who sells tobacco products, tobacco substitutes, or tobacco paraphernalia without obtaining a tobacco license in violation of this section shall be guilty of a misdemeanor and fined not more than $200.00 for the first offense and not more than $500.00 for each subsequent offense.

(f) No individual under the age of 16 may sell tobacco products, tobacco substitutes, or tobacco paraphernalia.

(g) No person shall engage in the retail sale of tobacco products in the State unless the person is a licensed wholesale dealer as defined in 32 V.S.A. 7702 or has purchased the tobacco products from a licensed wholesale dealer. (Added 1991, No. 70, 2, eff. May 1, 1992; amended 1997, No. 58, 2; 2007, No. 114 (Adj. Sess.), 4; 2013, No. 14, 2; 2013, No. 72, 28.)