House of Representatives
State of Utah
UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL
Graphic file number 0 named letter~1.jpg with height 78 p and width 81 p Left aligned
P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029
February 2, 2012
Madam Speaker:
The Political Subdivisions Committee recommends H.B. 95, RETAIL SALE OF TOBACCO
PRODUCTS, by Representative P. Ray, be replaced and reports a favorable recommendation on 1st Sub.
H.B. 95, RETAIL SALE OF TOBACCO PRODUCTS with the following amendments:
1. Page
1, Lines 20 through 21
:
20
{
. requires a criminal background check for the owner of a retail tobacco
specialty
21 business;
2. Page 4, Lines 88 through 95 :
88
{
(c) (i) A municipality shall require a criminal background check for an owner
of a retail
89 tobacco specialty business.
90 (ii) A municipality may not issue a retail tobacco specialty business license to a person
91 who has been convicted of:
92 (A) a felony within the last five years;
93 (B) a class A misdemeanor within the last five years; or
94 (C) a class B misdemeanor within the last three years, related to the sale of a tobacco
95 product.
3. Page 4, Lines 99 through 100 :
99 (ii) prohibits a municipality from adopting
{
additional restrictions
}
more
restrictive requirements
on a tobacco specialty
100 business
than provided for in this section
.
4. Page 6, Lines 153 through 155 :
153
{
county
shall require an entity to be licensed as a retail tobacco
specialty business to
154 conduct business as a retail tobacco specialty business in a
{
municipality
}
county
.
155 (b) A
{
municipality
}
county
may issue a retail tobacco specialty business
license to an entity if
5. Page 6, Lines 158 through 160 :
158 that conducts a retail tobacco specialty business in a
{
municipality
}
county
shall be licensed by the
159
{
municipality
}
county
as a retail tobacco specialty business.
160 (5) (a) A
{
municipality
}
county
may not issue a license to a retail tobacco
specialty business if it
6. Page 6, Lines 171 through 178 :
171
{
(c) (i) A municipality shall require a criminal background check for an owner
of a retail
172 tobacco specialty business.
173 (ii) A municipality may not issue a retail tobacco specialty business license to a person
174 who has been convicted of:
175 (A) a felony within the last five years;
176 (B) a class A misdemeanor within the last five years; or
177 (C) a class B misdemeanor within the last three years, related to the sale of a tobacco
178 product.
7. Page 6, Line 180 :
180 (i) requires a
{
municipality
}
county
to issue a business license to a retail
tobacco specialty
8. Page 7, Lines 182 through 184 :
182 (ii) prohibits a
{
municipality
}
county
from adopting
{
additional
restrictions
}
more restrictive requirements
on a tobacco specialty
183 business
than provided for in this section
.
184 (b) A
{
municipality
}
county
may revoke a business license issued under
this section:
9. Page 7, Line 192 :
192 a business license and is operating lawfully in a
{
municipality
}
county
on or
before May 8, 2012, is
Respectfully,
R. Curt Webb
Committee Chair
Voting: 7-4-1
7 HB0095.HC1.wpd 2/2/12 4:20 pm /JTW CJD/MDA
Bill Number
Action Code
*HB0095S01*
*HCRSUBAMD*
HB0095S01
HCRSUBAMD