§ 7–1731. Distribution of free cigarettes prohibited; penalty.

(a)(1) No person, agent, or employee of any person shall, in the course of doing business, distribute any free tobacco product to any person on any public street, public sidewalk, public park, playground, in a public building, other public property, or private property open to the public, except that tobacco products may be distributed at a tobacco store, a convention, or a conference catering to adults; provided, that no tobacco product shall be distributed to persons under 21 years of age.

(2) For the purposes of this subsection, the term "tobacco product" shall have the same meaning as provided in § 7-1721.01(1).

(b) Any person who violates subsection (a) of this section shall, upon conviction, be fined not less than $250 for each violation.

(May 2, 1991, D.C. Law 8-262, § 5, 37 DCR 8434; Feb. 18, 2017, D.C. Law 21-191, § 3, 63 DCR 15003.)

Prior Codifications

1981 Ed., § 6-920.1.

Applicability

Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section.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 § 3 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.

Emergency Legislation

For temporary (90-day) requirement that certain manufacturers establish a reserve fund, see §§ 2 and 3 of the Tobacco Settlement Model Emergency Act of 1999 (D.C. Act 13-109, June 30, 1999, 46 DCR 5769).

For temporary (90-day) requirement that certain manufacturers establish a reserve fund, see §§ 2 and 3 of the Tobacco Settlement Model Congressional Review Emergency Act of 1999 (D.C. Act 13-139, September 28, 1999, 46 DCR 7963).