77-39-101. Investigation of sales of alcohol and tobacco to under age persons.
(1) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer Classifications,
may investigate the possible violation of:
(i) Section 32A-12-203 by requesting an individual under the age of 21 years to enter
into and attempt to purchase or make a purchase of alcohol from a retail establishment; or
(ii) Section 76-10-104 by requesting an individual under the age of 19 years to enter into
and attempt to purchase or make a purchase from a retail establishment of:
(A) a cigar;
(B) a cigarette; or
(C) tobacco in any form.
(b) A peace officer who is present at the site of a proposed purchase shall direct,
supervise, and monitor the individual requested to make the purchase.
(c) Immediately following a purchase or attempted purchase or as soon as practical the
supervising peace officer shall inform the cashier and the proprietor or manager of the retail
establishment that the attempted purchaser was under the legal age to purchase:
(i) alcohol; or
(ii) (A) a cigar;
(B) a cigarette; or
(C) tobacco in any form.
(d) If a citation or information is issued, it shall be issued within seven days of the
purchase.
(2) (a) If an individual under the age of 18 years old is requested to attempt a purchase, a
written consent of that individual's parent or guardian shall be obtained prior to that individual
participating in any attempted purchase.
(b) An individual requested by the peace officer to attempt a purchase may:
(i) be a trained volunteer; or
(ii) receive payment, but may not be paid based on the number of successful purchases of
alcohol or tobacco.
(3) The individual requested by the peace officer to attempt a purchase and anyone
accompanying the individual attempting a purchase may not during the attempted purchase
misrepresent the age of the individual by false or misleading identification documentation in
attempting the purchase.
(4) An individual requested to attempt to purchase or make a purchase pursuant to this
section is immune from prosecution, suit, or civil liability for the purchase of, attempted
purchase of, or possession of alcohol, a cigar, a cigarette, or tobacco in any form if a peace
officer directs, supervises, and monitors the individual.
(5) (a) Except as provided in Subsection (5)(b), a purchase attempted under this section
shall be conducted:
(i) on a random basis; and
(ii) within a 12-month period at any one retail establishment location not more often
than:
(A) four times for the attempted purchase of:
(I) a cigar;
(II) a cigarette; or
(III) tobacco in any form; and
(B) four times for the attempted purchase of alcohol.
(b) Nothing in this section shall prohibit an investigation under this section if:
(i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
cigar, a cigarette, or tobacco in any form to an individual under the age established by Section
32A-12-203 or 76-10-104; and
(ii) the supervising peace officer makes a written record of the grounds for the reasonable
suspicion.
(6) (a) The peace officer exercising direction, supervision, and monitoring of the
attempted purchase shall make a report of the attempted purchase, whether or not a purchase was
made.
(b) The report required by this Subsection (6) shall include:
(i) the name of the supervising peace officer;
(ii) the name of the individual attempting the purchase;
(iii) a photograph of the individual attempting the purchase showing how that individual
appeared at the time of the attempted purchase;
(iv) the name and description of the cashier or proprietor from whom the individual
attempted the purchase;
(v) the name and address of the retail establishment; and
(vi) the date and time of the attempted purchase.
Amended by Chapter 342, 2006 General Session
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Last revised: Thursday, May 28, 2009