Title 26 Chapter 42 Section 105

Utah Health Code
Civil Penalties for Tobacco Sales to Underage Persons
Section 105
Hearing -- Evidence of criminal conviction.

            

26-42-105.   Hearing -- Evidence of criminal conviction.

            (1) At a civil hearing conducted under Section 26-42-104, evidence of the final criminal conviction of a licensee or employee for violation of Section 76-10-104 at the same location and within the same time period as the location and time period alleged in the civil hearing for violation of Section 26-42-103 is prima facie evidence of a violation of Section 26-42-103.

            (2) If the licensee has been convicted of violating Section 76-10-104 prior to a finding of a violation of Section 26-42-103, the licensee may not be assessed a monetary penalty under this chapter for the same offense for which the conviction was obtained.


Enacted by Chapter 319, 1998 General Session