| 8 | 12 | | |
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| 9 | 13 | | Be it enacted by the General Assembly of Virginia: |
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| 10 | 14 | | |
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| 11 | 15 | | 1. That 18.2-246.6 of the Code of Virginia is amended and reenacted as follows: |
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| 12 | 16 | | |
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| 13 | 17 | | 18.2-246.6. Definitions. |
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| 14 | 18 | | |
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| 15 | 19 | | For purposes of this article: |
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| 16 | 20 | | |
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| 17 | 21 | | "Adult" means a person who is at least the legal minimum purchasing age. |
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| 18 | 22 | | |
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| 19 | 23 | | "Board" means the Board of Directors of the Virginia Alcoholic Beverage Control Authority. |
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| 20 | 24 | | |
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| 21 | 25 | | "Consumer" means an individual who is not permitted as a wholesaler pursuant to 58.1-1011 or who is not a retailer. |
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| 22 | 26 | | |
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| 23 | 27 | | "Cigarette" means the same as that term is defined in 3.2-4200. |
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| 24 | 28 | | |
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| 25 | 29 | | "Delivery sale" means any sale of cigarettes to a consumer in the Commonwealth regardless of whether the seller is located in the Commonwealth where either (i) the purchaser submits the order for such sale by means of a telephonic or other method of voice transmission, the mails or any other delivery service, or the Internet or other online service; or (ii) the cigarettes are delivered by use of the mails or a delivery service. A sale of cigarettes not for personal consumption to a person who is a wholesale dealer or retail dealer, as such terms are defined in 58.1-1000, shall not be a delivery sale. A delivery of cigarettes, not through the mail or by a common carrier, to a consumer performed by the owner, employee or other individual acting on behalf of a retailer authorized to sell such cigarettes shall not be a delivery sale. |
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| 26 | 30 | | |
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| 27 | 31 | | "Delivery service" means any person who is engaged in the commercial delivery of letters, packages, or other containers. |
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| 28 | 32 | | |
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| 29 | 33 | | "Legal minimum purchasing age" is the minimum age at which an individual may legally purchase cigarettes in the Commonwealth. |
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| 30 | 34 | | |
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| 31 | 35 | | "Mails" or "mailing" means the shipment of cigarettes through the United States Postal Service. |
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| 32 | 36 | | |
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| 33 | 37 | | "Shipping container" means a container in which cigarettes are shipped in connection with a delivery sale. |
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| 34 | 38 | | |
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| 35 | 39 | | "Shipping documents" means bills of lading, airbills, or any other documents used to evidence the undertaking by a delivery service to deliver letters, packages, or other containers. |
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