Hawaii Revised Statutes 245-22.5 – Prohibition against stamping or sale of cigarettes not listed in the directory pursuant to chapter 486P
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $10,000 |
Terms Used In Hawaii Revised Statutes 245-22.5
- 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.
- distribution: means to sell, ship, transfer, give, or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same. See Hawaii Revised Statutes 245-1
- Entity: means one or more individuals, a company, corporation, a partnership, an association, or any other type of legal entity. See Hawaii Revised Statutes 245-1
- Licensee: means the holder of a license as a wholesaler or dealer granted under this chapter. See Hawaii Revised Statutes 245-1
- 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.
- Sale: includes every act of selling and includes any sale or act of selling that originates from any order that is placed or submitted by means of a telephonic or other method of voice transmission, the mail, or any other delivery service, or the Internet or other online service. See Hawaii Revised Statutes 245-1
- Sell: means to:
(1) Solicit and receive an order for;
(2) Have, keep, offer, or expose for sale;
(3) Deliver for value or deliver in any other way than purely gratuitously;
(4) Peddle;
(5) Keep with intent to sell; and
(6) Traffic in. See Hawaii Revised Statutes 245-1
- sold: includes any delivery of cigarettes or tobacco products, whether cash is actually paid therefor or not. See Hawaii Revised Statutes 245-1
- Stamp: means a stamp printed, manufactured, or made by authority of the department, as provided in this chapter, that is issued, sold, or circulated by the department, and by the use of which the tax levied under this chapter is paid. See Hawaii Revised Statutes 245-1
“Brand family”, “cigarette”, and “tobacco product manufacturer” shall have the same meaning as in § 486P-1.
“Directory” means the “directory” established pursuant to section 486P-6.
“Entity” means one or more individuals, a company, corporation, a partnership, an association, licensee, or any other type of legal entity.