H.B. 217

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ACCESS OF YOUTH TO TOBACCO PRODUCTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Jordan Tanner
5 AN ACT RELATING TO HEALTH; PROHIBITING SALE OF TOBACCO PRODUCTS BY
6 ANY SELF-SERVICE MEANS, EXCEPT IN SPECIFIED CIRCUMSTANCES; AND
7 SPECIFYING PENALTIES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-10-101, as last amended by Chapter 281, Laws of Utah 1994
11 76-10-105.1, as enacted by Chapter 194, Laws of Utah 1989
12 ENACTS:
13 76-10-105.2, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 76-10-101 is amended to read:
16 76-10-101. Definitions.
17 As used in this part:
18 (1) "Bar" means any establishment or portion of an establishment where [one can] an
19 individual may consume alcoholic beverages and hors d'oeuvres, but [excluding] excludes any
20 [such] establishment or portion of the establishment with tables or seating facilities where, in
21 consideration of payment, meals are served.
22 (2) "Place of business" means any and all [such] places such as shops, stores, factories,
23 public garages, offices, theaters, recreation and dance halls, poolrooms, cafes, cafeterias, cabarets,
24 restaurants, hotels, lodging houses, streetcars, buses, interurban and railway passenger coaches and
25 waiting rooms.
26 (3) "Smoking" means the possession of any lighted cigar, cigarette, pipe, or other lighted
27 smoking equipment.

1 (4) "Tobacco product" means any tobacco cigarette, cigar, pipe tobacco, smokeless
2 tobacco, snuff, or any other form of tobacco that may be utilized for smoking, chewing, inhaling,
3 or other manner of ingestion.
4 Section 2. Section 76-10-105.1 is amended to read:
5 76-10-105.1. Prohibition of gift or sale of cigarettes or tobacco through vending
6 machines -- Exceptions -- Penalties.
7 (1) Except as provided in Subsection (2), the gift or sale of cigarettes or tobacco in any
8 form through vending machines or tobacco product dispensing machines is prohibited in this state.
9 (2) (a) A bar, or a privately owned and operated club or association that has a private club
10 liquor license under Title 32A, Chapter 5, Private Club Liquor Licenses, or that requires
11 membership and charges a membership fee, may maintain cigarette or tobacco product vending
12 machines on its premises.
13 (b) A workplace may maintain cigarette or tobacco product vending machines for its adult
14 employees, in an area not available to the general public.
15 (3) Violation of this section is a:
16 (a) class C misdemeanor on the first offense[, a];
17 (b) class B misdemeanor on the second offense[,]; and [a]
18 (c) class A misdemeanor on the third and all subsequent offenses.
19 Section 3. Section 76-10-105.2 is enacted to read:
20 76-10-105.2. Sale of tobacco products by any self-service means.
21 (1) As used in this section:
22 (a) "Self-service merchandising" means the open displaying of tobacco products to which
23 the public has access without the intervention of an employee.
24 (b) "Vendor-assisted" means:
25 (i) only a store employee has access to the tobacco products; and
26 (ii) the store employee assists the customer by supplying the product to the customer.
27 (2) Except under Subsection (3), a person may not sell, permit to be sold, offer for sale,
28 offer as a gift, or display for sale any tobacco product by:
29 (a) means of any type of self-service merchandising except as allowed in Subsection
30 76-10-105.1(2); or
31 (b) any means other than vendor-assisted sales.

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1 (3) Subsection (2) does not apply to standard ten-pack cartons of cigarettes, standard
2 60-carton cases or partial cases of complete cartons of cigarettes, or multicontainer packages of
3 smokeless tobacco.
4 (4) Violation of this section is a:
5 (a) class C misdemeanor for the first offense;
6 (b) class B misdemeanor for the second offense; and
7 (c) class A misdemeanor for the third and all subsequent offenses.




Legislative Review Note
as of 7-26-96 3:52 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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