(a) A person, firm, or corporation shall not operate as a vape or smoke shop in or on any premises in the state without first obtaining a license issued by the commissioner pursuant to this article.
(b) Any person who, by himself or herself or through another, directly or indirectly, violates §16-9H-3(a) of this code shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $10,000 and confined in jail for not more than one year.