S.B. 216

1

MINIMUM PACK SIZE FOR TOBACCO
2 PRODUCTS
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Scott N. Howell
6 AN ACT RELATING TO CIGARETTE AND TOBACCO TAX AND LICENSING;
7 PROHIBITING THE SALE OF CIGARETTES IN A PACKAGE THAT CONTAINS LESS
8 THAN 20 CIGARETTES AND ROLL-YOUR-OWN CIGARETTES IN A PACKAGE THAT
9 CONTAINS LESS THAN 0.6 OUNCES OF TOBACCO.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 59-14-202, as last amended by Chapter 319, Laws of Utah 1998
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 59-14-202 is amended to read:
15 59-14-202. Issuance of licenses -- Common carrier licenses -- Contents -- Valid for
16 three years -- Revocation.
17 (1) Cigarette licenses may be issued only to a person owning or operating the place or
18 cigarette vending machine from which the cigarette sales are made.
19 (2) If sales are made at two or more separate places by that person, a separate license for
20 each place of business is required.
21 (3) A common carrier is not required to obtain more than one license for sales on
22 conveyances operated by that carrier within the state. All conveyances owned by a common carrier
23 are considered as one place of business for the purpose of this chapter.
24 (4) Each license shall be numbered, show the residence and place of business of the
25 licensee, and is nontransferable.
26 (5) (a) Each license is in effect for three years from the date of issuance, unless the license
27 is earlier revoked by the commission.

28 (b) The license expires on the expiration date shown on the license, unless the licensee
29 renews it in accordance with commission rules.
30 (c) The commission shall by rule establish procedures for the renewal and reinstatement
31 of licenses.
32 (6) (a) The commission shall, after providing notice and a hearing, revoke the license of
33 any person found to have violated this title.
34 (b) A license may not be issued to that person within a period of two years after the
35 violation.
36 (7) A licensee may not barter, sell, exchange, or offer for sale:
37 (a) cigarettes in an individual package or container that contains less than 20 cigarettes;
38 or
39 (b) roll-your-own cigarettes in an individual package or container that contains less than
40 0.6 ounces of tobacco.




Legislative Review Note
as of 2-18-99 3:06 PM

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

Office of Legislative Research and General Counsel