Leach Floor Amendment
Reference to: APPROPRIATIONS Committee amendment
Amendment drafted by: Laura Benitez
FLOOR AMENDMENT EXPLANATION
Licensing, Regulation and Underage Use Enforcement
1. Applies the exemption from city, town or county regulations relating to sales within 1000 feet of a primary or secondary school or fenced playground adjacent to a school for a vendor that operated on the date the regulation was adopted or the school or playground was established to only a vendor located between 301 and 1000 feet from the school or playground.
2. Specifies the preemption of city, town or county regulation of the sale or marketing of alternative nicotine, tobacco or vapor products that is in conflict with or more restrictive than state law or rule after January 1, 2021, is subject to the prescribed authority provided to cities, towns and counties.
3. Removes the authorization to suspend the driver license or nonoperating identification license of a person:
a) who is under 21 years old and uses a fraudulent or false driver license or nonoperating identification license to purchase or attempt to purchase tobacco, vapor or alternative nicotine products; or
b) whose driver license or nonoperating identification license is used to misrepresent the age of a person who is under 21 years old.
4. Eliminates the authorization for a court to suspend the driver license or driving privilege of a person who:
a) knowingly influences the sale or giving of tobacco, vapor or alternative nicotine products by misrepresenting the person's age; or
b) orders, requests, receives or procures tobacco, vapor or alternative nicotine products with the intent to sell or give the product to a person under the legal age.
5. Narrows the definition of retail tobacco vendor to a person, partnership, joint venture, society, club, trustee, true association, organization or corporation that owns, operates or manages a retail establishment physically located in Arizona.
6. Specifies that a retail tobacco vendor is not an otherwise lawful business located outside of Arizona.
7. Specifies that the DLLC must collect the DLLC-established initial and renewal fees for tobacco retail sales licenses.
8. Specifies that monies in the Tobacco Retail Sales Licensing Fund may only be used to administer and enforce statutes relating to the Licensing and Sale of Alternative Nicotine, Tobacco and Vapor Products.
Smoke-Free Arizona Act
9. Prohibits the use of vapor products in all public places and places of employment within Arizona except for:
a) private residences that are not used as a licensed child care, adult day care or health care facility;
b) hotel and motel rooms rented to guests and designated as smoking rooms;
c) retail tobacco stores physically separated so that smoke does not infiltrate into areas where smoking or the use of vapor products is prohibited;
d) veterans and fraternal clubs when not open to the general public;
e) outdoor patios so long as tobacco smoke does not enter areas where smoking or the use of vapor products is prohibited; and
f) smoking or use of vapor products as part of a theatrical performance on a stage or film or television production.
10. Subjects a person who uses vapor products where prohibited to a petty offense with a fine between $50 and $300.
11. Requires the prohibition on the use of vapor products to be:
a) communicated to all existing employees and, on application, to all prospective employees; and
b) included in the required sign on the prohibition of smoking at every public place and place of employment where smoking is prohibited.
12. Requires an owner, manager, operator or employee to inform any person who is using vapor products in violation of the prohibition that the use is illegal and request the illegal use stop immediately.
13. Applies the definitions of tobacco product and vapor product as defined in the Arizona Criminal Code to the prohibition on the use of vapor products in public places and places of employment.