First Substitute H.B. 31

Representative Carl R. Saunders proposes to substitute the following bill:

1 SALE OF TOBACCO PRODUCTS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Carl R. Saunders
5 AN ACT RELATING TO CRIMINAL CODE; DEFINING TERMS; REQUIRING TOBACCO
6 PRODUCTS BE SOLD IN A DIRECT, FACE-TO-FACE EXCHANGE WITH LIMITED
7 EXCEPTIONS; PROHIBITING LOCAL LAWS INCONSISTENT WITH STATE LAW; AND
8 PROVIDING AN EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-10-101, as last amended by Chapter 281, Laws of Utah 1994
12 76-10-105.1, as enacted by Chapter 194, Laws of Utah 1989
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 76-10-101 is amended to read:
15 76-10-101. Definitions.
16 As used in this part:
17 [(1) "Bar" means any establishment or portion of an establishment where one can consume
18 alcoholic beverages and hors d'oeuvres, but excluding any such establishment or portion of the
19 establishment with tables or seating facilities where, in consideration of payment, meals are
20 served.]
21 [(2)] (1) "Place of business" means any and all [such] places such as shops, stores,
22 factories, public garages, offices, theaters, recreation and dance halls, poolrooms, cafes, cafeterias,
23 cabarets, restaurants, hotels, lodging houses, streetcars, buses, interurban and railway passenger
24 coaches and waiting rooms.
25 [(3)] (2) "Smoking" means the possession of any lighted cigar, cigarette, pipe, or other

1 lighted smoking equipment.
2 Section 2. Section 76-10-105.1 is amended to read:
3 76-10-105.1. Requirement of direct, face-to-face sale of tobacco products.
4 (1) As used in this section:
5 (a) (i) "Cigarette" means any product which contains nicotine, is intended to be burned
6 under ordinary conditions of use, and consists of:
7 (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
8 (B) any roll of tobacco wrapped in any substance containing tobacco which, because of
9 its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be
10 offered to, or purchased by, consumers as a cigarette described in Subsection (a)(i).
11 (ii) "Cigarette" does not include a standard 60 carton case.
12 (b) "Cigarette tobacco" means any product that consists of loose tobacco that contains or
13 delivers nicotine and is intended for use by consumers in a cigarette. Unless otherwise stated, the
14 requirements pertaining to cigarettes shall also apply to cigarette tobacco.
15 (c) "Retailer" means any person who sells cigarettes or smokeless tobacco to individuals
16 for personal consumption or who operates a facility where vending machines or self-service
17 displays are permitted under this section.
18 (d) "Self-service display" means any display of cigarettes or smokeless tobacco products
19 to which the public has access without the intervention of a retail employee.
20 (e) "Smokeless tobacco" means any product that consists of cut, ground, powdered, or leaf
21 tobacco that contains nicotine and that is intended to be placed in the oral cavity. "Smokeless
22 tobacco" does not include multi-container packs of smokeless tobacco.
23 [(1)] (2) (a) Except as provided in Subsection [(2)](3), [the gift or sale of cigarettes or
24 tobacco in any form through vending machines or tobacco product machines is prohibited in this
25 state.] a retailer may sell cigarettes and smokeless tobacco only in a direct, face-to-face exchange
26 between the retailer and the consumer. Examples of methods that are not permitted include
27 vending machines and self-service displays.
28 (b) Subsection (2)(a) does not prohibit the use or display of locked cabinets containing
29 cigarettes or smokeless tobacco if the locked cabinets are only accessible to the retailer or its
30 employees.
31 (3) The following sales are permitted as exceptions to Subsection (2):

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1 (a) mail-order sales, excluding mail-order redemption of coupons and distribution of free
2 samples through the mail; and
3 (b) vending machines, including vending machines that sell packaged, single cigarettes,
4 and self-service displays that are located in a separate and defined area within a facility where the
5 retailer ensures that no person younger than under 19 years of age is present, or permitted to enter,
6 at any time unless accompanied by a parent or legal guardian.
7 [(2) (a) A bar, or a privately owned and operated club or association that has a private club
8 liquor license under Title 32A, Chapter 5, or that requires membership and charges a membership
9 fee, may maintain cigarette or tobacco product vending machines on its premises.]
10 [(b) A workplace may maintain cigarette or tobacco product vending machines for its adult
11 employees, in an area not available to the general public.]
12 (4) Any ordinance, regulation, or rule adopted by the governing body of a political
13 subdivision or state agency that affects the sale, placement, or display of cigarettes or smokeless
14 tobacco that is not essentially identical to the provisions of this section and Section 76-10-102 is
15 superceded.
16 (5) A parent or legal guardian who accompanies a person younger than 19 years of age into
17 an area described in Subsection (3)(b) and permits the person younger than 19 years of age to
18 purchase or otherwise take a cigar, cigarette, or tobacco in any form is guilty of furnishing tobacco
19 as provided for in Section 76-10-104 and the penalties provided for in that section.
20 [(3)] (6) Violation of [this section] Subsection (2) or (3) is a:
21 (a) class C misdemeanor on the first offense[, a];
22 (b) class B misdemeanor on the second offense[,]; and [a]
23 (c) class A misdemeanor on the third and all subsequent offenses.
24 Section 3. Effective date.
25 This act takes effect on January 1, 1999.

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