HOUSE BILL NO. 73
AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 4 AND
SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SALE AND DISTRIBUTION OF TOBACCO PRODUCTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend § 1123, Title 11, Delaware Code by deleting that section in its entirety and replacing it as follows:
"(a) If a sale or distribution of any tobacco product or coupon is made in violation of § 1116, § 1118, § 1119, or § 1120 of this title, the owner, proprietor, franchisee, store manager or other person in charge of the establishment where the violation occurred shall be guilty of the violation and shall be subject to the fine only if the retail licensee has received written notice of the provisions of Sections 1116 through 1121 of this Title by the Department of Public Safety. For purposes of determining the liability of a person who owns or controls franchises or business operations in multiple locations, for a second or subsequent violation of this subpart, each individual franchise or business location shall be deemed a separate establishment.
(b) Notwithstanding any other provision of this subpart, in any prosecution for a violation of §§ 1116, 1118, and 1120, the owner, proprietor, franchisee, store manager or other person in charge of the establishment where the alleged violation occurred shall have an affirmative defense if such person or entity can establish that prior to the date of the violation:
(1) Had adopted and enforced a written policy against selling tobacco products to persons under 18 years of age;
(2) Had informed its employees of the applicable laws regarding the sale of tobacco products to persons under 18 years of age;
(3) Required employees to sign a form indicating that they have been informed of and understand the written policy required herein;
(4) Required employees to verify the age of tobacco product customers by means of photographic identification; and
(5) Had established and enforced disciplinary sanctions for noncompliance.
(c) The affirmative defense established in subsection (b) may be used by an owner, proprietor, franchisee, store manager or other person in charge of the establishment no more than twice at each location within any twelve-month period.”
Approved June 23,1999