(a) Except as provided in subsection (b) of this section, no tobacco product shall be sold to individual customers from mobile vending motor vehicles and trailers that sell retail food products ready for immediate consumption.

(b) Cigarettes may be sold at hotdog stands and construction site food wagons by vendors who are licensed pursuant to § 47-2404.

(c) No single cigar containing reconstituted tobacco products shall be sold to individual customers at convenience stores and gas stations.

(d) Any person who violates subsection (a) of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $500 nor less than $100, imprisoned not more than 30 days, or both, for the first offense. Any person convicted of a subsequent violation of subsection (a) of this section shall be fined not more than $1,000 nor less than $500, imprisoned not more than 90 days, or both.

(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 7; as added July 23, 2010, D.C. Law 18-189, § 3(d), 57 DCR 3019; Feb. 18, 2017, D.C. Law 21-191, § 2(f), 63 DCR 15003.)

This section is referenced in § 7-1703.04 and § 7-1721.07.

Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 21-191 have been implemented.

Applicability of D.C. Law 21-191: § 5 of D.C. Law 21-191 provided that the change made to this section by § 2(f) of D.C. Law 21-191 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.