39-5709. CRIMINAL PENALTIES FOR VIOLATIONS WITHOUT A PERMIT. Sale or distribution of tobacco products, or any violation of this chapter, without a permit is considered by the state of Idaho as an effort to subvert the state’s public purpose to prevent minor’s access to tobacco products.

(1) The sale or distribution of tobacco products without a permit shall constitute a misdemeanor punishable by imprisonment not exceeding six (6) months in the county jail, a fine of three hundred dollars ($300), or by both such fine and imprisonment. If the sale or distribution of tobacco products was to a minor, the fine shall be no less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). The provisions of this section shall not be applicable to an employee of the business engaged in the sale of tobacco products if the sale occurred during the course of such employment and the seller does not have an ownership interest in the business.

(2) In addition to the penalties set forth in subsection (1) of this section, the court may impose an additional fine of one thousand dollars ($1,000) per day beginning the day following the date of citation as long as the illegal tobacco sales or distribution continues. The first seven (7) days of additional fines may be suspended provided that the business or seller is able to prove that the business or seller has applied for the permit within seven (7) days of the citation.

History:

[39-5709, added 1998, ch. 418, sec. 2, p. 1320.]