Section 28-11-7.1 Specialty Retailer of Electronic Nicotine Delivery Systems Permit; Application and Requirements; Sales Limitations; Age Restrictions on Premises

(a) A person desiring to operate as a specialty retailer of electronic nicotine delivery systems shall apply for a permit from the board. The board, by rule, shall establish requirements for the permit, which shall include an application fee of fifty dollars ($50). On approval by the board, the person shall pay to the board a permit fee of one thousand dollars ($1,000), which shall be renewed annually. All fees collected by the board under this section shall be deposited into the Vaping Licensing and Enforcement Fund under Section 28-11-10.

(b) A permit issued under this section shall be valid only for one location specified in the permit application.

(c)(1) Except as provided in subdivision (2), e-liquids, electronic nicotine delivery systems, and vapor-based alternative nicotine products may only be sold at retail by a permitted specialty retailer of electronic nicotine delivery systems.

(2) An e-liquid, electronic nicotine delivery system, or vapor-based alternative nicotine product that has received a marketing order or other authorization under 21 U.S.C. § 387j(c)(1)(A)(i) authorizing the product to be introduced or delivered for introduction into interstate commerce may be sold by a person permitted under Section 28-11-7.

(d) No specialty retailer of electronic nicotine delivery systems shall allow anyone under 21 years of age to be within the retail establishment. Each specialty retailer of electronic nicotine delivery systems, as a condition of entry into the retail establishment, shall require each patron to verify his or her age using a third-party age verification service approved by the board. The age verification service shall require the presentation and electronic scanning of the patron’s driver license or nondriver identification card as a condition of entry into the retail establishment.

(e) Any person who violates this section shall be punished as provided in Section 28-11-9(e).