Arizona Laws 36-798.05. Unsolicited delivery of tobacco products; violation; classification; civil penalties; definitions
A. It is unlawful for a person to deliver or cause to be delivered to any residence in this state any tobacco products unsolicited by at least one adult who resides at that address.
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 4 months | up to $750 |
Terms Used In Arizona Laws 36-798.05
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Tobacco products: includes cigarettes, cigarette papers, cigars, smokeless tobacco and smoking tobacco. See Arizona Laws 36-798
B. A person who knowingly violates subsection A of this section is guilty of a class 2 misdemeanor.
C. A person who violates subsection A of this section is subject to a civil penalty in an amount of not to exceed five thousand dollars for each violation. Each delivery of a tobacco product shall constitute a separate violation.
D. The attorney general may bring an action to recover civil penalties and as determined by the court, taxable costs, such other fees and expenses reasonably incurred and reasonable attorney fees, in the name of the state for a violation of this section. All civil penalties recovered shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund and all other monies recovered shall be deposited, pursuant to sections 35-146 and 35-147, in the antitrust enforcement revolving fund established by Section 41-191.02.
E. In this section, unless the context otherwise requires:
1. "Knowingly" has the same meaning prescribed in section 13-105.
2. "Person" means an individual, partnership, firm, association, corporation, limited liability company, limited liability partnership, joint venture, or other entity, other than an individual or entity engaged in the delivery of items for hire.