sb95_As_passed_Senate_3.html
07 LC 29 2616
Senate Bill 95
By: Senators Carter of the 13th, Adelman of the 42nd, Thomas of the 54th, Chance of the 16th and Seay of the 34th

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT


To amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to make it unlawful to attempt to purchase cigarettes or tobacco related objects; to change certain provisions relating to sales from vending machines; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, is amended by revising subparagraph (b)(1)(A) of Code Section 16-12-171, relating to prohibited acts, as follows:
"(A) Purchase, attempt to purchase, or possess for personal use any cigarettes or tobacco related objects. This subparagraph shall not apply to possession of cigarettes or tobacco related objects by a minor when a parent or guardian of such minor gives the cigarettes or tobacco related objects to the minor and possession is in the home of the parent or guardian and such parent or guardian is present; or"

SECTION 2.
Said article is further amended by revising subsection (a) of Code Section 16-12-173, relating to sales from vending machines, as follows:
"(a)(1) Any person who maintains in such person´s place of business a vending machine which dispenses cigarettes, tobacco products, or tobacco related objects shall place or cause to be placed in a conspicuous place on such vending machine a sign containing the following statement:
'THE PURCHASE OF CIGARETTES, TOBACCO PRODUCTS, OR TOBACCO RELATED OBJECTS FROM THIS VENDING MACHINE BY ANY PERSON UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.'
(2) Any person who maintains in such person´s place of business a vending machine which dispenses cigarettes, tobacco products, or tobacco related objects shall not dispense any nontobacco product, other than matches, in such vending machine."

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.