H.B. 186

1

PRESENCE OF MINOR IN TOBACCO SHOP
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kraig Powell
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Criminal Code's cigarette and tobacco product face-to-face
10 sale requirement.
11 Highlighted Provisions:
12 This bill:
13 . clarifies that an individual less than 19 years old cannot be present in a tobacco
14 specialty shop; and
15 . makes technical and conforming amendments.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-10-105.1 , as last amended by Laws of Utah 2010, Chapter 114
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-10-105.1 is amended to read:
26 76-10-105.1. Requirement of direct, face-to-face sale of cigarettes, tobacco, and
27 electronic cigarettes -- Minors not allowed in tobacco specialty shop -- Penalties.

28 (1) As used in this section:
29 [(a) "Cigarette tobacco" means a product that consists of loose tobacco that contains or
30 delivers nicotine and is intended for use by a consumer in a cigarette.]
31 [(b) "Pipe tobacco" means a product that consists of loose tobacco that contains or
32 delivers nicotine and is intended to be smoked by a consumer in a pipe.]
33 (a) "Cigarette" is as defined in Section 59-14-102 .
34 (b) (i) "Face-to-face exchange" means a transaction made in person between an
35 individual and a retailer or retailer's employee.
36 (ii) "Face-to-face exchange" does not include a sale through a:
37 (A) vending machine; or
38 (B) self-service display.
39 (c) "Retailer" means a person who [sells cigarettes, electronic cigarettes, cigars,
40 cigarette tobacco, pipe tobacco, or smokeless tobacco to individuals for personal consumption
41 or]:
42 (i) sells a cigarette, tobacco, or an electronic cigarette to an individual for personal
43 consumption; or
44 (ii) who operates a facility [where a vending machine or a self-service display is
45 permitted under Subsection (3)(b)] with a vending machine that sells a cigarette, tobacco, or an
46 electronic cigarette.
47 (d) "Self-service display" means a display of [cigarettes, electronic cigarettes, cigars,
48 cigarette tobacco, pipe tobacco, or smokeless tobacco products] a cigarette, tobacco, or an
49 electronic cigarette to which the public has access without the intervention of a [retail] retailer
50 or retailer's employee.
51 [(e) "Smokeless tobacco" means a product that consists of cut, ground, powdered, or
52 leaf tobacco that contains nicotine and that is intended to be placed in the oral cavity.]
53 (e) "Tobacco" is as defined in Section 59-14-102 .
54 (f) "Tobacco specialty shop" means a retailer with a physical location that derives at
55 least 80% of its total sales from the sale of cigarettes, tobacco, or electronic cigarettes.
56 (2) [(a)] Except as provided in Subsection (3), a retailer may sell [cigarettes, electronic
57 cigarettes, cigars, cigarette tobacco, pipe tobacco, and smokeless tobacco only in a direct,
58 face-to-face exchange between:] a cigarette, tobacco, or an electronic cigarette only in a

59 face-to-face exchange.
60 [(i) an employee of the retailer; and]
61 [(ii) the purchaser.]
62 [(b) Examples of methods that are not permitted include vending machines and
63 self-service displays.]
64 [(c) Subsections (2)(a) and (b) do not prohibit the use or display of locked cabinets
65 containing cigarettes, electronic cigarettes, cigars, cigarette tobacco, pipe tobacco, or smokeless
66 tobacco if the locked cabinets are accessible only to the retailer or the retailer's employees.]
67 [(3) The following sales are permitted as exceptions to Subsection (2):]
68 [(a) mail-order sales, if the provisions of Section 59-14-509 are met;]
69 [(b) sales from vending machines, including vending machines that sell packaged,
70 single cigarettes or cigars, and self-service displays that are located in a separate and defined
71 area within a facility where the retailer ensures that no person younger than 19 years of age is
72 present, or permitted to enter, at any time, unless accompanied by a parent or legal guardian;
73 and]
74 [(c) sales by a retailer from a retail store which derives at least 80% of its revenue from
75 tobacco and tobacco related products and where the retailer ensures that no person younger
76 than 19 years of age is present, or permitted to enter at any time, unless accompanied by a
77 parent or legal guardian.]
78 [(4) Any ordinance, regulation, or rule adopted by the governing body of a political
79 subdivision of the state or by a state agency that affects the sale, placement, or display of
80 cigarettes, electronic cigarettes, cigars, cigarette tobacco, pipe tobacco, or smokeless tobacco
81 that is not essentially identical to the provisions of this section and Section 76-10-102 is
82 superseded.]
83 [(5) (a) A parent or legal guardian who accompanies a person younger than 19 years of
84 age into an area described in Subsection (3)(b) or into a retail store as described in Subsection
85 (3)(c) and permits the person younger than 19 years of age to purchase or otherwise take a
86 cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of providing tobacco as
87 provided for in Section 76-10-104 and the penalties provided for in that section.]
88 [(b) Nothing in this section may be construed as permitting a person to provide tobacco
89 to a minor in violation of Section 76-10-104 .]

90 (3) The face-to-face sale requirement in Subsection (2) does not apply to:
91 (a) a mail-order, telephone, or Internet sale made in compliance with Section
92 59-14-509 ;
93 (b) a sale from a vending machine or self-service display that is located in an area of a
94 retailer's facility:
95 (i) that is distinct and separate from the rest of the facility; and
96 (ii) where the retailer does not allow an individual who is less than 19 years old to be
97 present, unless the individual is accompanied by a parent or legal guardian; or
98 (c) a sale at a tobacco specialty shop.
99 (4) An individual who is less than 19 years old may not enter or be present at a tobacco
100 specialty shop unless accompanied by a parent or legal guardian.
101 (5) A parent or legal guardian of an individual who is less than 19 years old who
102 accompanies the individual into an area described in Subsection (3)(b), or into a tobacco
103 specialty shop, may not allow an individual to purchase a cigarette, tobacco, or an electronic
104 cigarette.
105 (6) [Violation] A violation of Subsection (2) or [(3)] (4) is a:
106 (a) class C misdemeanor on the first offense;
107 (b) class B misdemeanor on the second offense; and
108 (c) class A misdemeanor on the third and all subsequent offenses.
109 (7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor
110 under Section 76-10-104 .
111 (8) Any ordinance, regulation, or rule adopted by the governing body of a political
112 subdivision of the state or by a state agency that affects the sale, placement, or display of
113 cigarettes, tobacco, or electronic cigarettes that is not essentially identical to the provisions of
114 this section and Section 76-10-102 is superseded.




Legislative Review Note
as of 3-3-14 6:13 PM

Office of Legislative Research and General Counsel