In this subtitle the following words have the meanings indicated. “Distribute” means to: give, sell, deliver, dispense, or issue; offer to give, sell, deliver, dispense, or issue; or cause or hire any person to give, sell, deliver, dispense, or issue or offer to give, sell, deliver, dispense, or issue. “Tobacco product” means a product that is: intended for human inhalation, absorption, ingestion, smoking, heating, chewing, dissolving, or any other manner of consumption that is made of, derived from, or contains: tobacco; or nicotine; or an accessory or a component used in any manner of consumption of a product described in item (i) of this paragraph. “Tobacco product” includes: cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus; electronic smoking devices; and filters, rolling papers, pipes, and liquids used in electronic smoking devices regardless of nicotine content. “Tobacco product” does not include a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.

This section applies only in: Carroll County; and Garrett County. This section does not apply to: the sale of a tobacco product from a vending machine that complies with State law; a tobacconist establishment that engages primarily in the sale of tobacco products other than cigarettes, as defined in § 16–101 of the Business Regulation Article; or a business that engages primarily in the retail sale of beer, wine, and liquor. A person who owns or operates a business that engages in the retail sale of a tobacco product may not store or display a tobacco product unless the tobacco product: is not immediately accessible to customers; and is accessible only to the owner or operator of the business or an agent of the owner or operator. A person who violates subsection (c) of this section commits a civil infraction and is subject to a civil penalty of: $100 for the first violation; and $300 for any subsequent violation. A citation for a second violation may not be issued within 30 days after the date of the first citation. After a citation is issued for a second violation, a citation may be issued each day that the violation continues after the date of the second citation.

This section applies only in: Carroll County; Cecil County; Garrett County; and St. Mary’s County. Subsection (c)(3) of this section does not apply to the distribution of a coupon that is redeemable for a tobacco product if the coupon: is contained in a newspaper, magazine, or other type of publication and the coupon is incidental to the primary purpose of the publication; or is sent through the mail. A person may not: distribute a tobacco product to an individual under the age of 21 years, unless the individual is acting solely as the agent of the individual’s employer who is engaged in the business of distributing tobacco products; distribute cigarette rolling papers to an individual under the age of 21 years; or distribute to an individual under the age of 21 years a coupon redeemable for a tobacco product. A person has not violated this section if: the person examined the driver’s license or other valid government–issued identification presented by the recipient of a tobacco product, cigarette rolling paper, or coupon redeemable for a tobacco product; and the license or other identification positively identified the recipient as being at least 21 years old. In Carroll County and St. Mary’s County, a person who violates this section commits a civil infraction and is subject to a civil penalty of: $300 for the first violation; and $500 for any subsequent violation within 24 months after the previous citation. In Cecil County, a person who violates this section commits a civil infraction and is subject to a civil penalty of: $300 for the first violation; $500 for a second violation; and $750 for any subsequent violation. In Garrett County, a person who violates this section commits a civil infraction and is subject to a civil penalty not exceeding $300.

Except as otherwise provided in paragraph (2) of this subsection, a county health officer or a designee of a county health officer may issue a civil citation to a person who violates this subtitle. In Cecil County, only a sworn law enforcement officer may issue a civil citation to a person who violates this subtitle. A citation issued under this subtitle shall include: the name and address of the person charged; the nature of the violation; the location and time of the violation; the amount of the civil penalty; the manner, location, and time in which the civil penalty may be paid; the cited person’s right to elect to stand trial for the violation; and a warning that failure to pay the civil penalty or to contest liability in a timely manner in accordance with the citation: is an admission of liability; and may result in an entry of a default judgment that may include the civil penalty, court costs, and administrative expenses. The county health officer or sworn law enforcement officer shall retain a copy of the citation.

Except as otherwise provided in paragraph (2) of this subsection, a person who receives a citation under this subtitle may elect to stand trial for the violation by filing a notice of intention to stand trial with the county health officer at least 5 days before the date set in the citation for the payment of the civil penalty. In Cecil County, a person who receives a citation under this subtitle may elect to stand trial for the violation by filing a notice of intention to stand trial and a copy of the citation with the District Court at least 5 days before the date set in the citation for payment of the civil penalty. After receiving a notice of intention to stand trial under subsection (a)(1) of this section, the county health officer shall forward the notice and a copy of the citation to the District Court. After receiving the citation and notice, the District Court shall schedule the case for trial and notify the defendant of the trial date.

In a proceeding before the District Court, a violation of this subtitle shall be prosecuted in the same manner and to the same extent as a municipal infraction under §§ 6–108 through 6–115 of this article. The governing body of the county in which the violation occurred may authorize the county attorney to prosecute a civil infraction under this subtitle.

If the District Court finds that a person has committed a civil infraction under this subtitle, the court may assess the costs of the proceedings against the person.

The District Court shall remit any penalties it collects for a violation of this subtitle to the county in which the violation occurred.

Adjudication of a violation of this subtitle is not a criminal conviction for any purpose.