S.B. 141

1

PROVIDING TOBACCO TO MINORS
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: D. Edgar Allen
5 AN ACT RELATING TO THE CRIMINAL CODE; PROHIBITING A PERSON FROM
6 PROVIDING TOBACCO TO A MINOR; AND MAKING CONFORMING AMENDMENTS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 76-10-104, as last amended by Chapter 194, Laws of Utah 1989
10 76-10-105.1, as last amended by Chapter 412, Laws of Utah 1998
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 76-10-104 is amended to read:
13 76-10-104. Providing cigars, cigarettes, or tobacco to minors -- Penalties.
14 (1) Any person who S KNOWINGLY s [sells, gives, or furnishes] provides any cigar,
14a cigarette, or tobacco in
15 any form, to any person under 19 years of age, is guilty of a class C misdemeanor on the first
16 offense, a class B misdemeanor on the second offense, and a class A misdemeanor on subsequent
17 offenses.
18 (2) For purposes of this section "provides":
19 (a) includes selling, giving, furnishing, sending, or causing to be sent; and
20 (b) does not include the acts of the United States Postal Service or other common carrier
21 when engaged in the business of transporting and delivering packages for others S OR THE ACTS OF
21a A PERSON, WHETHER COMPENSATED OR NOT, WHO TRANSPORTS OR DELIVERS A PACKAGE
21b FOR ANOTHER PERSON WITHOUT ANY REASON TO KNOW OF THE PACKAGE'S CONTENT. s .
22 Section 2. Section 76-10-105.1 is amended to read:
23 76-10-105.1. Requirement of direct, face-to-face sale of tobacco products.
24 (1) As used in this section:
25 (a) (i) "Cigarette" means any product which contains nicotine, is intended to be burned
26 under ordinary conditions of use, and consists of:
27 (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or

28 (B) any roll of tobacco wrapped in any substance containing tobacco which, because of
29 its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be
30 offered to, or purchased by, consumers as a cigarette described in Subsection (1)(a)(i).
31 (ii) "Cigarette" does not include a standard 60 carton case.
32 (b) "Cigarette tobacco" means any product that consists of loose tobacco that contains or
33 delivers nicotine and is intended for use by consumers in a cigarette. Unless otherwise stated, the
34 requirements pertaining to cigarettes shall also apply to cigarette tobacco.
35 (c) "Retailer" means any person who sells cigarettes or smokeless tobacco to individuals
36 for personal consumption or who operates a facility where vending machines or self-service
37 displays are permitted under this section.
38 (d) "Self-service display" means any display of cigarettes or smokeless tobacco products
39 to which the public has access without the intervention of a retail employee.
40 (e) "Smokeless tobacco" means any product that consists of cut, ground, powdered, or leaf
41 tobacco that contains nicotine and that is intended to be placed in the oral cavity. "Smokeless
42 tobacco" does not include multi-container packs of smokeless tobacco.
43 (2) (a) Except as provided in Subsection (3), a retailer may sell cigarettes and smokeless
44 tobacco only in a direct, face-to-face exchange between the retailer and the consumer. Examples
45 of methods that are not permitted include vending machines and self-service displays.
46 (b) Subsection (2)(a) does not prohibit the use or display of locked cabinets containing
47 cigarettes or smokeless tobacco if the locked cabinets are only accessible to the retailer or its
48 employees.
49 (3) The following sales are permitted as exceptions to Subsection (2):
50 (a) mail-order sales, excluding mail-order redemption of coupons and distribution of free
51 samples through the mail; and
52 (b) vending machines, including vending machines that sell packaged, single cigarettes,
53 and self-service displays that are located in a separate and defined area within a facility where the
54 retailer ensures that no person younger than under 19 years of age is present, or permitted to enter,
55 at any time, unless accompanied by a parent or legal guardian.
56 (4) Any ordinance, regulation, or rule adopted by the governing body of a political
57 subdivision or state agency that affects the sale, placement, or display of cigarettes or smokeless
58 tobacco that is not essentially identical to the provisions of this section and Section 76-10-102 is

59 superceded.
60 (5) (a) A parent or legal guardian who accompanies a person younger than 19 years of age
61 into an area described in Subsection (3)(b) and permits the person younger than 19 years of age
62 to purchase or otherwise take a cigar, cigarette, or tobacco in any form is guilty of [furnishing]
63 providing tobacco as provided for in Section 76-10-104 and the penalties provided for in that
64 section.
65 (b) Nothing in this section may be construed as permitting a person to provide tobacco to
66 a minor in violation of Section 76-10-104 .
67 (6) Violation of Subsection (2) or (3) is a:
68 (a) class C misdemeanor on the first offense;
69 (b) class B misdemeanor on the second offense; and
70 (c) class A misdemeanor on the third and all subsequent offenses.




Legislative Review Note
as of 1-21-00 2:41 PM

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

Office of Legislative Research and General Counsel