1

License Required ESDs Included in the License Cost of State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

Privilege license AND (a) Subject to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, the board shall have full and tobacco permit required. final authority as to the suspension or revocation for cause of any permit issued pursuant to this chapter. … Privilege License (varies (b) The board, or a hearing commission appointed by the board, upon finding that a permit holder or any partner, by city size): member, employee, officer, or director of the permit holder has violated any of the laws of this state or the - 25,000 or more: $15 United States relating to the manufacture, sale, possession, or transportation of tobacco or tobacco products or AL - 10,000-25,000: $10 that the permit holder has acted in a manner prejudicial to the welfare, health, peace, temperance, and safety of - 5,000-10,000: $5 the people of the community or of the state, may upon due notice and hearing, levy administrative fines or ENDS Defined: Ala. Code § 28- - 2,000-5,000: $3 suspend or revoke the permit issued by the board, or a combination of all three. Ala. Code § 28-11-2(5) 11-7 (2019) - All other places: $2 Ala. Code § 28-11-9 Ala. Code § 40-12-72

Tobacco Permit: No fee Ala. Code § 28-11-7 : The department may suspend, revoke, or refuse to renew a license issued under this chapter (1) for a negligent license and business violation of AS 11.76.100 [sales to minors], 11.76.106 [selling tobacco outside controlled access], 11.76.107

license endorsement [failure to supervise cigarette vending machine], or a violation of this chapter or a regulation of the

required. department adopted under this chapter; (2) if a licensee ceases to act in the capacity for which the license was

Cigarette license: $50 issued; or (3) if a licensee negligently sells tobacco or products containing tobacco to a person who is required to,

/year but does not, hold a license endorsement under AS 43.70.075 or whose license endorsement under AS 43.70.075 AS § 43.50.030 has been suspended. AK ES Products defined: AS § A.S. §43.50.070 AS §11.81.900(b)(23) 43.70.075(a) Required Business License Endorsement for Retailers: $100/year AS §43.70.075

* General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 2

License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

Annual Retail Permit (a) All permits and licenses issued under this subchapter may be suspended or revoked by the Director of (Tobacco Products, Arkansas for any violation of this subchapter or the rules pertaining to this subchapter. Vapor Products, Alternative Nicotine (b) The director may revoke for one (1) year all licenses or permits to deal in tobacco products of any person Products, or E-liquid who is convicted of violating this subchapter or the regulations pertaining to this subchapter a second time. Products) - $100 A.C.A § 26-57-223 AR E-Cigarette Defined: A.C.A. § 26-57- .A.C.A. § 6-21-609(a); 214 Retail Vapor Product A.C.A. §6-60-803(2) and E-liquid Product Only Permit - $50.00 A.C.A. § 26-57-219

AZ N/A N/A

One-time license fee of (a) Licenses issued pursuant to this division shall be subject to suspension or revocation for violations of this

$265 division or the Revenue and Taxation Code as provided in this section.

Cal. Bus. & Prof. Code Cal. Bus. & Prof. Code § 22980-22983 Cal. Bus. and Prof. Code § §22973 CA 22950.5(d)(1)(B) ; Cal. Rev. & Tax. Code § Cal. Bus. & 30121(b); Cal. Health & Prof. Code §§ Safety Code § 22972 104495(8)(A)

N/A N/A CO C.R.S. § 18-13-121(5) Dealer (Retailer) The commissioner may suspend or revoke the license of any distributor or unclassified importer for failure to license: $75 per year comply with any provision of this chapter or regulations related thereto or for the sale or delivery of tobacco in CT Conn. Gen. Stat. § 12- any form to a minor under eighteen years of age… Conn. Gen. Stat. § 12-330a Conn. Gen. Stat. 287 Conn. Gen. Stat. § 12-295a (effective October 1, 2019) §§ 21a-415(b) * General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 3

License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

$15 per year. (f) The Mayor may, after a hearing, suspend or revoke any license issued under this section for any violation of

D.C. Code §47-2404 this chapter or of the regulations promulgated under this chapter. …

DC D.C. Code §§ 47- (h) The Mayor may suspend any license issued under this section to any person convicted of a first or second D.C. Code § 47- 2401(5A); 7-1702(8) violation of D.C. Code §7-1721.02. [sales to persons under 21]. The Mayor shall revoke the license for a third 2404(a) or subsequent violation. D.C. Code §47-2404 $50 per year. The Department of Finance, after a hearing before the Secretary of Finance, may suspend or revoke a license

Del.Code Ann. tit. 30, § issued pursuant to this chapter whenever it finds that the holder thereof has failed to comply with any of the

5308 provisions of this chapter or any regulations of the Department adopted pursuant to §5329 of this title.

DE Del.Code Ann. tit. 30, § 5313 (A license is Del. Code Ann. tit. 30 § required to sell 5301(15) e-liquid). Dealer (Retailer) The division may suspend or revoke the permit of the dealer upon sufficient cause appearing of the violation of License: No more than any of the provisions of this chapter, by a dealer or by a dealer’s agent or employee. The division may also assess FL $50 per year. and accept administrative fines of up to $1,000 against a dealer for each violation. Fla. Stat. Ann. §569.003 Fla. Stat. Ann. §569.006

Dealer (Retailer) Each manufacturer’s, importer’s, distributor’s, or dealer’s license shall be subject to suspension or revocation for License: $10 per year. violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter. GA Ga. Code Ann. §48-11- Ga. Code Ann. § 48-11-4(c)(4)

4(c)(1) $20 per year. The department may suspend or, after hearing, revoke or decline to renew any retail tobacco permit issued

Haw. Rev. Stat. Ann. § under this chapter whenever the department finds that the applicant or permittee has failed to comply with this

245-2.5 chapter or any rule adopted under this chapter, or for any other good cause. HI Haw. Rev. Stat. Ann. §245-2 Haw. Rev. Stat. §§ 323F- Haw. Rev. Stat. 34(d); 321-211; 328J-1; § 28-164 712-1258(7); 304A-122(c)

* General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 4

License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

Varies by city If a person holding a permit issued by the department under this division [. . . ] population and month has willfully violated section 453A.2 [sales to underage persons], the department shall revoke the permit upon permit granted: notice and hearing… July-Sept: Iowa Code § 453A.22 - In places outside any city: $50. - In cities of less than 15,000: $75 - In cities of 15,000 or

more: $100 IA Oct.-Dec.: Iowa Code ¾ of the above Ann. §§ maximum schedule 453A.47A(1); 453A.13(1); Jan.-March: ½ of the 453A.36 (7)(a) maximum schedule

April-June: ¼ of the maximum schedule. Iowa Code §453A.13 No charge. (1) Any permittee who fails to comply with any part of this chapter, or any current state or local law or rule or Idaho Code §39-5704 regulation regarding the sale or distribution of tobacco products shall be subject to a civil penalty as provided in ID this section or have their permit suspended [. . . ] or both.

Idaho Code §39-5708 License: $75 per year The Department may, after notice and a hearing, revoke, cancel, or suspend the license of any distributor or 35 Ill. Comp. Stat. Ann. retailer who violates any of the provisions of this Act, fails to keep books and records as required under this Act, 143/10-21 fails to make books and records available for inspection upon demand by a duly authorized employee of the IL 35 Ill. Comp. Stat. 143/10- Department, or violates a rule or regulation of the Department for the administration and enforcement of this Act. 5 35 Ill. Comp. Stat. Ann. 143/10-25

* General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 5

License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

Tobacco sales …the commission may suspend the certificate of a person who fails to pay a civil penalty imposed for violating certificate: $200 [underage sales provisions] IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11.5, or IC 35-46-1-11.7. [. . .] Ind. Code Ann. §7.1-3- (c) Subject to subsection (b), the commission shall revoke the certificate of a person upon a finding by a

18.5-2 preponderance of the evidence that the person: […]

IN (2) has committed habitual illegal sale of tobacco as established under [underage sales] IC 35-46-1-10.2(h); or (3) has committed habitual illegal entrance by a minor as Ind. Code Ann. §7.1-1- Ind. Code established under IC 35-46-1-11.7(f). 3-47.5(b) Ann. §§ 7.1-3- Ind. Code Ann. § 7.1-3-18.5-5 18.5-1; 7.1-7- 5-1.1(a) $25 every 2 years. Whenever the director has reason to believe that any person licensed under this act has violated any of the Kan. Stat. Ann. § 79- provisions of this act (1-10), the director shall notify the person by certified mail of the director’s intention to

(cigarettes 3304 suspend or revoke the person’s license or licenses. KS only, not other Kan. Stat. Ann. Kan. Stat. Ann. § 79-3309 tobacco § 79-3303(a) products)

KY N/A N/A

Dealer (Retailer) permit: A. The commissioner may suspend a permit previously issued or may refuse to grant a permit if, after a hearing $25 per year. and by a preponderance of the evidence, it is proven that the permittee, or an employee or agent thereof, or La. Rev. Stat. Ann. applicant either:

§26:903(1) (1) Is not a bona fide dealer as defined in La. Rev. Stat. Ann. §26:901. (2) Has violated the terms and provisions of La. Rev. Stat. Ann. §14:91.6 relative to the unlawful distribution of

LA tobacco products. La. Rev. Stat. (3) Has violated the terms and provisions of the “Prevention of Youth Access to Tobacco Law” under La. Rev. Stat. Ann. §14:91.8. Ann. § (4) Has violated the provisions of this Chapter or any rules or regulations issued in connection therewith. 26:902(1) (5) Has violated any provision of La. Rev. Stat. Ann. §47:841 et seq. La. Rev. Stat. Ann. §26:909 * General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 6

License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

Retailer License for Sale The commissioner may suspend or revoke any license or registration issued pursuant to section sixty-seven for of Cigarettes, Cigars and any one of the following reasons:— Tobacco: $50 (1) The licensee or registrant willfully fails to file any return or report required by this chapter; per 2 years (2) The licensee or registrant willfully files, causes to be filed, gives or causes to be given a return, report, Mass. Ann. Law ch. certificate or affidavit required under this chapter, or under the provisions of the applicable tax, which is false; 62C §67 (3) The licensee or registrant willfully fails to collect, truthfully account for or pay over any tax under the provisions of this chapter; MA Mass. Gen. Law ch. 270 (4) The licensee or registrant has been convicted of a crime provided for by this chapter; §6(a) (5) The licensee or registrant has otherwise willfully failed to comply with any provision of the tax laws of the commonwealth or regulations thereunder; or (6) The licensee or registrant has ceased to act in the capacity for which the license or registration was issued. Mass. Ann. Laws ch. 62C, §68

Varies by retailer’s The District Court may impose fines or revoke or suspend licenses for the following causes: annual gross revenue 1. Violation of law or infraction of rule. Violation of state law or rule related to the sale of tobacco products; or from total 2. False material statement. Knowingly making a false material statement of fact in an application for licensure cigarette/tobacco sales of the sale of tobacco products. within prior year and by Me. Rev. Stat. tit. 22, §1557-A date application received: April-June: Tobacco I: $100 ME Tobacco II: $125 Me. Rev. Stat. Ann. tit. 22 Me. Rev. Stat. Tobacco III: $150 § 1551-(3) Ann. tit. 22 § 1551-A(1) July-September: Tobacco I: $75 Tobacco II: $94 Tobacco III: $113

Oct-December:

* General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 7

License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

Tobacco I: $50 Tobacco II: $63 Tobacco III: $75

Jan-March: Tobacco I: $25 Tobacco II: $32 Tobacco III: $38 ME DEPT HEALTH & HUMAN SERVICES RULES 10-144: Ch. 203 Retailer License: $30 I. per year (state) Subject to the hearing provisions of § 16-307 of this subtitle, the Comptroller may deny a county license to an Md. Code Ann., Bus. applicant, reprimand a county licensee, or suspend or revoke a county license if the applicant or licensee: Reg. §16-204 (1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another person; Other Tobacco Products (2) fraudulently or deceptively uses a license; or Retailer License: $15 (3) violates 16-308.1 of this subtitle per year (fee not (4) fails to comply with the Maryland Cigarette Sales Below Cost Act and regulations adopted under it. required if have retail Md. Code Ann., Bus. Reg. § 16-306 cigarette license) Md. MD Code Ann., Bus. Reg. II. §16.5-203 Subject to the hearing provisions of §16.5–209 of this subtitle, the Comptroller may deny a license to an Md. Code Ann., Bus. Reg. Md. Code Ann., applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee: § 16-3A-01(c); Md. Code Bus. Reg. §§ (1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another Ann., Crim. Law §10- 16.7-201; 16.7- person; 101(d) ; Md. Code Ann., 211(a); 16.7- (2) fraudulently or deceptively uses a license; Health Gen. § 13-1001(u) 213(a) (3) buys other tobacco products for resale: (i) in violation of a license; or (ii) from a person who is not an other tobacco products manufacturer or licensed other tobacco products wholesaler;

* General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 8

License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

(4) is convicted, under the laws of the United States or of any other state, of: (i) a felony; or (ii) a misdemeanor that is a crime of moral turpitude and is directly related to the fitness and qualification of the applicant or licensee; (5) violates Title 12 of the Tax – General Article or regulations adopted under that title; or (6) violates this title or Title 16 of this article or regulations adopted under these titles. Md. Code Ann., Bus. Regs §16.5-208

N/A N/A MI Retail licenses and corresponding fees issued by county or city. MN N/A Minn. Stat. Ann. § Minn. Stat. § 297F.01(19) Minn. Stat. § 461.12 461.12(1) $100 license fee At such time as the director shall have reason to believe that any person has violated any provisions of this Mo. Rev. Stat. chapter or any rules and regulations issued pursuant to such provisions, the director shall refuse to issue or shall §149.035.1 revoke or suspend any license issued hereunder for such a period of time not to exceed one year. MO Mo. Rev. Stat. Mo. Rev. Stat. §149.035.3

§ 407.934.1 Cigarettes and other Upon receipt of the application and any permit fee provided for in this chapter, the commissioner may issue to tobacco products: every distributor, wholesaler, dealer or retailer, for the place of business designated, a nonassignable permit, No fee. authorizing the sale or use of tobacco in the state. The permit shall provide that it is revocable, and may be Miss. Code Ann. §27- forfeited or suspended upon violation of any provision of this chapter, the Mississippi Tobacco Youth Access 69-5 Prevention Act of 1997, Section 27-70-7 et seq., Section 75-23-1 et seq. or any rule or regulation adopted by the MS commissioner. If the permit is revoked or suspended, the distributor, wholesaler, dealer or retailer shall not sell any tobacco from the place of business until a new permit is granted, or the suspension of the old permit removed. Miss. Code Ann. §27-69-5

* General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 9

License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

$5 fee per year. (1) The department may revoke or suspend the license of any wholesaler, subjobber, tobacco product vendor, Mont. Code Ann. §16- retailer, or person licensed under 16-11-303 for failure to comply with any provision of The Montana Cigarette 11-122 Sales Act (Title 16, chapter 10), this chapter, or with any lawful rule of the department made pursuant to those laws. MT Mont. Code Ann. § 16-11-144 Mont. Code Ann. § 16-11- 303(1) Varies by “class” of In the event that the license of a licensee hereunder shall be revoked and forfeited as provided in section 28- city: 1425, no new license shall be issued to such licensee until the expiration of one year from the date of such Metropolitan class revocation and forfeiture. cities: $25 Neb. Rev. Stat. Ann §28-1429

Primary and first class NE cities: $15 Neb. Rev. All other classes, towns, Stat. § 28- villages, and 1420 locations:$10 Neb. Rev. Stat. Ann §28-1423 Other tobacco products: The Secretary may cancel a license issued under this Article upon the written request of the license holder. The Retailer license: $10 Secretary may summarily cancel the license of a license holder when the Secretary finds that the license holder is

N.C. Gen. Stat. §105- incurring liability for the tax imposed under this Article after failing to pay a tax when due under this Article. In 113.36 addition, the Secretary may cancel the license of a license holder that commits one or more of the following acts after holding a hearing on whether the license should be cancelled: NC (1) Fails to obtain a license required by this Article. N.C. Gen. Stat. §§ 14- (only other (2) Willfully fails to file a return required by this Article. 313(a)(4); 105- tobacco (3) Willfully fails to pay a tax when due under this Article. 113.4(11a); 148- products, not (4) Makes a false statement in an application or return required under this Article. cigarettes) 23.1(d)(2) (5) Fails to keep records as required by this Article.

* General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 10

License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

(6) Refuses to allow the Secretary or a representative of the Secretary to examine the person's books, accounts, and records concerning tobacco product. (7) Fails to disclose the correct amount of tobacco product taxable in this State. (8) Fails to file a replacement bond or an additional bond if required by the Secretary under this Article. (9) Violates G.S. 14-401.18. N.C. Gen. Stat. §105-113.4B Cigarettes and other The attorney general may revoke the license of any dealer or distributor for failure to comply with any of the tobacco products: provisions of this chapter, or any of the rules or regulations prescribed by the tax commissioner or the attorney Dealer (Retailer) general. When a license has been legally revoked, no license may be issued again to the licensee for a period of License: $15 per year one year thereafter. A person may not sell any cigarettes, cigarette papers, snuff, cigars, or tobacco after that ND N.D. Cent. Code § 57- person's license has been revoked as provided in this chapter.

36-02 N.D. Cent. Code § 57-36-04

$6 per year. The commission may suspend, pursuant to RSA 541-A:30, III, the license of any person who holds a license N.H. Rev. Stat. Ann. § under the provisions of this chapter for failure to comply with the requirements of paragraph IV [training NH 178:29 requirements]. The license shall not be reissued until the required training is completed. N.H. Rev. Stat. Ann. §178:2 $50 per year The director may, upon notice and after hearing, suspend or revoke the license or all licenses issued to any N.J. Stat. §54:40A-4(h) person under this act who violates any of the provisions of this act, or who, after being issued a license becomes disqualified for licensure pursuant to this act or of any rule or regulation of the director, made pursuant thereto or if the licensee has ceased to act in the capacity for which the license was issued or for other good cause. No person whose license has been suspended or revoked shall sell cigarettes or permit cigarettes to be sold during NJ the period of such suspension or revocation on the premises occupied by him or upon other premises controlled by him or others or in any other manner or form whatever. Nor shall any disciplinary proceeding or action be N.J. Stat. § 54:40B-2 (cigarettes barred or abated by the expiration, transfer, surrender, continuance, renewal or extension of any license issued (2019) only, not other under the provisions of this act. tobacco N.J. Stat. §54:40A-5 products)

* General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 11

License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

NM N/A N/A N.M. Stat. Ann. § 7- 12A-2(L) Cigarette Retail Dealer: Except as otherwise provided in subsection 1 or 3, the Department may temporarily suspend or permanently No fee. revoke the license of any licensee for violating, or causing or permitting to be violated, any of the provisions of Nev. Rev. Stat. § NRS 370.001 to 370.430, inclusive, or any regulations adopted for the administration or enforcement of any of

370.150 those provisions. Nev. Rev. Stat. § 370.253 Other tobacco products: NV Nev. Rev. Stat. Ann. § Other Tobacco Products Retail Dealer: No fee. 370.0318 Nev. Rev. Stat. §370.445

Retail dealer certificate The commissioner may for cause refuse to issue, or may suspend or revoke a wholesaler's license, or may forbid

of registration: $300 per a retail dealer to continue selling cigarettes or tobacco products or may forbid a person required to be appointed

year as a distributor of tobacco products who has not been so appointed from selling cigarettes or tobacco NY N.Y. Tax Law § 480- products, after an opportunity for hearing has been afforded. A violation of any provision of this article or of N.Y. Tax § A(2) any regulation issued under it shall be cause to forbid a retail dealer to continue selling cigarettes or tobacco products. 1183 N.Y. Tax Law §481 Retail cigarette license: The court of common pleas may enter an order to revoke a wholesale or retail cigarette license held by any person convicted of a misdemeanor for any violation of sections 5743.01 to 5743.21 of the Revised Code. The (cigarettes $125 per year court of common pleas shall enter an order to revoke a wholesale or retail cigarette license held by any person OH only, not other Ohio Rev. Code Ann. § 5743.15 convicted of a felony for violation of sections 5743.01 to 5743.21 of the Revised Code. tobacco Ohio Rev. Code Ann. § 5743.17 products) In addition to any civil or criminal penalty provided by law, upon a finding that a licensee has violated any Retail cigarette license: provision of Section 301 et seq. of this title, the Tax Commission may revoke or suspend the license or licenses OK $30 per three years

* General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 12

License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

(cigarettes Okla. Stat. tit. 68, of the licensee pursuant to the procedures applicable to revocation of a license set forth in Section 316 of this only, not other §304(B) title. tobacco Okla. Stat. tit. 68, §304(H) products)

N/A N/A OR Over-the-counter (1) Upon receiving notice, in accordance with subsection: [. . .] cigarette license (c) or otherwise, of a third conviction of a retailer during any 24-month period, the department may, after an (includes little cigars opportunity for a hearing, suspend the retailer's cigarette license for up to 30 days. The department, in a hearing and other tobacco held pursuant to this paragraph, has jurisdiction only to determine whether or not the retailer was convicted of a products): $25 / year violation of subsection (a). The introduction of a certified copy of a conviction for a violation of subsection (a) 72 Pa. Cons. Stat. § 208- shall be sufficient evidence for the suspension of the cigarette license. PA A (2) Upon receiving notice, in accordance with subsection (c) or otherwise, of a fourth conviction of a retailer 72 Pa. Cons. Stat. § 72 Pa. Cons. during any 24-month period, the department may, after an opportunity for a hearing, revoke the retailer's 8201-A (2019) Stat. § 8220- cigarette license for up to 60 days. The department, in a hearing held under this paragraph, has jurisdiction only A(a) (2019) to determine whether or not the retailer was convicted of a violation of subsection (a). The introduction of a certified copy of a conviction for a violation of subsection (a) shall be sufficient evidence for the revocation of the cigarette license. 18 Pa. Cons. Stat. §6305(h) Dealer (Retailer) The tax administrator may suspend or revoke any license under this chapter for failure of the licensee to comply license: $25 per year with any provision of this chapter or with any provision of any other law or ordinance relative to the sale of R.I. Gen. Laws R.I. Gen. Laws Ann. § cigarettes; and the tax administrator may also suspend or revoke any license for failure of the licensee to comply RI Ann. § 23-1- 23-1-56(a) with any provision of chapter 13 of title 6 [. . .] 56(a) R.I. Gen. Laws § 44-20-8

N/A N/A SC

Only required to register The secretary of revenue and regulation may revoke the license of any distributor or wholesaler or the with the Department of registration of a dealer for failure to comply with any of the provisions of this chapter. SD S.D. Codified Laws § 10-50-15 * General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 13

License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

S.D. Codified Laws § 34- (registration Revenue. No fee for 46-20 only) registration. S.D. Codified Laws § 10-50-9

N/A TN N/A

Cigarette retailer permit: (a) The comptroller may revoke or suspend a person's permit if the comptroller finds, after notice and hearing as $180 per 2 years; $50 provided by this section, that the permit holder violated this chapter or an administrative rule made under this renewal. chapter. Tex. Tax Code § Tex. Tax Code § 155.059

154.111(a)(5) TX If the comptroller finds, after notice and an opportunity for a hearing that a permit holder has violated Subchapter

Tex. Health & H Chapter 161, Health and Safety Code [underage sales] at a place of business for which a permit is issued, the

Safety Code comptroller may suspend the permit for three days if it is the third violation in a year and may revoke the license Ann. if it is the fourth violation. §161.456(a) Tex. Tax Code § 155.0592 Cigarette license: $30, If, following an inspection by an enforcing agency, or an investigation or issuance of a citation or information ($20 for renewal). under Section 77-39-101, an enforcing agency determines that a person has violated the terms of a permit issued Utah Code Ann. § 59- under this chapter, the enforcing agency may impose the penalties described in this section. 14-201 (b) If multiple violations are found in a single inspection or investigation, only one violation shall count toward UT the penalties described in this section [. . . ] a suspension of the retail tobacco business permit for 30 consecutive Utah Code Ann. §§ 26-42- Utah Code Ann. No fee for electronic business days within 60 days after the day on which the third or subsequent violation occurs; or 102(9); 17-50-333(g); 10- §§ 26-62-201; smoking device license a penalty of not more than $1,000. 8-41.6(1)(g) 17-50-333(3)(a); Utah Code Ann. §59-14- Utah Code Ann. § 26-62-305 10-8-41.6(3)(a) 803

N/A N/A VA

* General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 14

License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

Retail tobacco license: A person that sells or furnishes tobacco products, tobacco substitutes, or tobacco paraphernalia to a person under $110 per year; $50 for 21 years of age shall be subject to a civil penalty of not more than $100.00 for the first offense and not more than E-cigarette retail license. $500.00 for any subsequent offense. 7 V. S. A. § 1002

Any violation by a tobacco licensee of subsection 1003(a) of this title and this section after a sale violation or during a compliance test conducted within six months of a previous violation shall be considered a multiple VT violation and shall result in the minimum license suspension in addition to any other penalties available under this title. Minimum license suspensions for multiple violations shall be assessed as follows: 32 V. S. A. § 7702(15) 7 V. S. A. § (A) Two violations two weekdays; 1002(a)(1) (B) Three violations 15-day suspension; (C) Four violations 90-day suspension; (D) Five violations one-year suspension. 7 V. S. A. §1007

Cigarette retail license: The department may adopt, amend, and repeal rules necessary to administer the provisions of this chapter. The $175 / year board may revoke or suspend the license or permit of any wholesale or retail cigarette dealer in the state upon Wash. Rev. Code sufficient cause appearing of the violation of this chapter or upon the failure of such licensee to comply with any §82.26.170 of the provisions of this chapter.

Wash. Rev. Code § 82.24.550 Other tobacco products: WA Wash. Rev. Tobacco product retail The department may adopt, amend, and repeal rules necessary to administer this chapter. The board may revoke Code Ann. § license: $175 / year or suspend the distributor's or retailer's license of any distributor or retailer of tobacco products in the state upon 70.345.030(1)(a) Wash. Rev. Code sufficient cause showing a violation of this chapter or upon the failure of the licensee to comply with any of the (2018) §82.26.170 rules adopted under it. Wash. Rev. Code § 82.26.220 Issued by city, village or *Violations of underage sales town, and must be A court shall suspend any license or permit issued under s. 134.65, 139.34 or 139.79 to a person for: a. Not more than 3 days, if the court finds that the person committed a violation within 12 months after between $5-$100 per year committing one previous violation; Wis. Stat Ann.134.66(4)(a)3.b. WI WIS. STAT. b. Not less than 3 days nor more than 10 days, if the court finds that the person committed a violation within 12 § 134.65 months after committing 2 other violations; or c. Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 months after committing 3 or more other violations. * General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020 15

License Required ESDs Included in the License Cost of Tobacco State for License Suspension or Revocation Provisions* required to Retailer License Definition of Tobacco “Tobacco Products?” sell ESDs? Retailer?

4. The court shall promptly mail notice of a suspension under subd. 3. to the department of revenue and to the clerk of each municipality which has issued a license or permit to the person. Wis. Stat. Ann. §134.66

N/A WV N/A W. Va. Code Ann. § 16- 9A-2(a)(1) (2019)

WY Wyo. Stat. Ann. § 14-3- N/A N/A 301(a)(i) (2019)

This document was developed by the Legal Resource Center for Public Health Policy at the University of Maryland Francis King Carey School of Law, with funding and support provided in part by the Centers for Disease Control and Prevention. The Legal Resource Center for Public Health Policy provides information and technical assistance on issues related to public health in Maryland. The legal information and assistance does not constitute legal advice or legal representation. For legal advice, please consult specific legal counsel.

Legal Resource Center for Public Health Policy University of Maryland Francis King Carey School of Law https://www.law.umaryland.edu/Programs-and-Impact/Public-Health-Law/ Phone: (410) 706-0842 [email protected]

* General powers or grounds for revocation and suspension. See also “Penalties for Sales to Minors” column for specific revocation/suspension provisions relating to sales to minors. Bracketed language (“[ ]”) indicates outside insertion made for clarification purposes. Last updated 1/2020