H.B. 73

1

REGULATION OF SALE OF TOBACCO PRODUCTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Wayne A. Harper
5 AN ACT RELATING TO HEALTH AND COMMERCE; ALLOWING LOCAL AUTHORITIES
6 TO PROHIBIT OR REGULATE THE SALE OF TOBACCO PRODUCTS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 ENACTS:
9 32B-1-101, Utah Code Annotated 1953
10 32B-1-102, Utah Code Annotated 1953
11 32B-1-103, Utah Code Annotated 1953
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 32B-1-101 is enacted to read:
14 TITLE 32B. TOBACCO CONTROL ACT
15 CHAPTER 1. LOCAL REGULATION FOR TOBACCO SALES
16 32B-1-101. Definitions.
17 As used in this chapter:
18 (1) "Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective
19 of size or shape, and whether or not such tobacco is flavored, adulterated, or mixed with any other
20 ingredient, the wrapper or cover of which is made of paper or any other substance or material
21 except tobacco.
22 (2) "Local authority" means:
23 (a) the county legislative body of the county if the premises are located in an
24 unincorporated area of a county; or
25 (b) the governing body of the city or town if the premises are located in an incorporated
26 city or town.
27 (3) "Retailer" means the holder of a permit issued by a local authority to allow the holder

1 to engage in the sale of tobacco products to consumers.
2 (4) "Tobacco products" means all products made of, or containing tobacco, including
3 cigarettes, that are intended for smoking, inhaling, chewing, or any other form of ingestion.
4 Section 2. Section 32B-1-102 is enacted to read:
5 32B-1-102. Local permitting for sale of tobacco products.
6 (1) A local authority may:
7 (a) (i) prohibit the retail sale of tobacco; or
8 (ii) require a permit for the retail sale of tobacco and may issue, renew, suspend, and
9 revoke the permit based on enacted local ordinances; and
10 (b) otherwise regulate the retail sale of tobacco products.
11 (2) A local authority's suspension or revocation of a permit issued under this section
12 prohibits the retailer whose permit is suspended or revoked from continuing to operate under any
13 other license, permit, or other authority granted by the local authority or the state.
14 (3) A local authority may not grant a permit under this chapter to sell tobacco within the
15 proximity of any church or school. The local authority shall define the proximity, and shall apply
16 the definition in a uniform and consistent manner.
17 Section 3. Section 32B-1-103 is enacted to read:
18 32B-1-103. Effect of chapter.
19 This chapter does not affect the state taxation or licensure regarding tobacco products under
20 Title 59, Chapter 14, "Cigarette and Tobacco Tax and Licensing Act."




Legislative Review Note
as of 1-7-97 3:13 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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