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2017 Utah Code
Title 76 - Utah Criminal Code
Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals
Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents
Section 105.1 - Requirement of direct, face-to-face sale of cigarettes, tobacco, and electronic cigarettes -- Minors not allowed in tobacco specialty shop -- Penalties.
Universal Citation: UT Code § 76-10-105.1 (2017)
Effective 7/1/2015
76-10-105.1. Requirement of direct, face-to-face sale of cigarettes, tobacco, and electronic cigarettes -- Minors not allowed in tobacco specialty shop -- Penalties.
Amended by Chapter 66, 2015 General Session
Amended by Chapter 132, 2015 General Session
76-10-105.1. Requirement of direct, face-to-face sale of cigarettes, tobacco, and electronic cigarettes -- Minors not allowed in tobacco specialty shop -- Penalties.
- (1) As used in this section:
- (a) "Cigarette" means the same as that term is defined in Section 59-14-102.
- (b)
- (i) "Face-to-face exchange" means a transaction made in person between an individual and a retailer or retailer's employee.
- (ii) "Face-to-face exchange" does not include a sale through a:
- (A) vending machine; or
- (B) self-service display.
- (c) "Retailer" means a person who:
- (i) sells a cigarette, tobacco, or an electronic cigarette to an individual for personal consumption; or
- (ii) operates a facility with a vending machine that sells a cigarette, tobacco, or an electronic cigarette.
- (d) "Self-service display" means a display of a cigarette, tobacco, or an electronic cigarette to which the public has access without the intervention of a retailer or retailer's employee.
- (e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
- (f) "Tobacco specialty shop" means a retailer with a physical location that derives at least 80% of its total sales from the sale of cigarettes, tobacco, or electronic cigarettes.
- (2) Except as provided in Subsection (3), a retailer may sell a cigarette, tobacco, or an electronic cigarette only in a face-to-face exchange.
- (3) The face-to-face sale requirement in Subsection (2) does not apply to:
- (a) a mail-order, telephone, or Internet sale made in compliance with Section 59-14-509;
- (b) a sale from a vending machine or self-service display that is located in an area of a retailer's facility:
- (i) that is distinct and separate from the rest of the facility; and
- (ii) where the retailer only allows an individual who complies with Subsection (4) to be present; or
- (c) a sale at a tobacco specialty shop.
- (4) An individual who is less than 19 years old may not enter or be present at a tobacco specialty shop unless the individual is:
- (a) accompanied by a parent or legal guardian;
- (b) present at the tobacco shop for a bona fide commercial purpose other than to purchase a cigarette, tobacco, or an electronic cigarette; or
- (c) 18 years old or older and an active duty member of the United States Armed Forces, as demonstrated by a valid, government-issued military identification card.
- (5) A parent or legal guardian who accompanies, under Subsection (4)(a), an individual into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not allow the individual to purchase a cigarette, tobacco, or an electronic cigarette.
- (6) A violation of Subsection (2) or (4) is a:
- (a) class C misdemeanor on the first offense;
- (b) class B misdemeanor on the second offense; and
- (c) class A misdemeanor on the third and all subsequent offenses.
- (7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor under Section 76-10-104.
- (8)
- (a) Any ordinance, regulation, or rule adopted by the governing body of a political subdivision of the state or by a state agency that affects the sale, placement, or display of cigarettes, tobacco, or electronic cigarettes that is not essentially identical to the provisions of this section and Section 76-10-102 is superseded.
- (b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use ordinance by a municipal or county government.
Amended by Chapter 66, 2015 General Session
Amended by Chapter 132, 2015 General Session
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