H. B. 4444
(By Delegates Rowe, Houston, Compton,
J. Smith, Hatfield and Hunt)
[Introduced February 8, 2000; referred to the
Committee on Government Organization then Finance.]
A BILL to amend article nine-a, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section eight,
relating to requiring licensure of all retail sellers of
tobacco; and providing a criminal penalty for selling tobacco
without a license.
Be it enacted by the Legislature of West Virginia:
That article nine-a, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section eight,
to read as follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-8. All retailers to be licensed.
(a) Beginning on the first day of March, two thousand one,
any person or firm engaged in sales of any tobacco product to
consumers is required to apply for a license to sell tobacco
products.
(b) The person or firm shall make application to the state
tax commissioner on the same form prescribed by the commissioner
for application of a business franchise tax certificate. The
license shall be printed on the same certificate issued for the
business franchise tax.
(c) Any person or firm who sells any tobacco product after
the first day of July, two thousand one, without being duly
licensed as provided for hereunder is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than one hundred
nor more than two thousand five hundred dollars.
NOTE: This bill would require retailers of tobacco products
to be licensed as part of the application for a business franchise
tax certificate. There is a fine for selling tobacco without being
duly licensed.
This section is new; therefore, strike-throughs and
underscoring have been omitted.