7 LONG TITLE
8 General Description:
9 This bill increases the age limit for the purchase, possession, and use of tobacco and
10 related products from 19 to 21 years and makes related changes.
11 Highlighted Provisions:
12 This bill:
13 ▸ prohibits the distribution or sale of tobacco, e-cigarettes, or tobacco paraphernalia to
14 an individual less than 21 years of age;
15 ▸ makes corresponding changes to municipalities' authority to regulate tobacco;
16 ▸ makes corresponding changes to the Utah Indoor Clean Air Act, enforcement
17 provisions of the Utah Health Code, tobacco program requirements, the Driver
18 Licensing Act, the Cigarette and Tobacco Tax and Licensing Act, the Utah Criminal
19 Code, and provisions relating to the investigation of sales to underage individuals;
21 ▸ makes technical amendments.
22 Money Appropriated in this Bill:
24 Other Special Clauses:
25 This bill provides a special effective date.
26 Utah Code Sections Affected:
28 10-8-47, as last amended by Laws of Utah 2012, Chapter 140
29 26-38-2.6, as enacted by Laws of Utah 2012, Chapter 171
30 26-42-103, as last amended by Laws of Utah 2015, Chapter 132
31 51-9-203, as last amended by Laws of Utah 2012, Chapter 242
32 53-3-207, as last amended by Laws of Utah 2015, Chapter 412
33 53-3-806, as last amended by Laws of Utah 2010, Chapter 276
34 59-14-203.5, as last amended by Laws of Utah 2011, Chapter 96
35 59-14-301.5, as last amended by Laws of Utah 2011, Chapter 96
36 59-14-703, as enacted by Laws of Utah 2013, Chapter 148
37 76-10-103, as enacted by Laws of Utah 1973, Chapter 196
38 76-10-104, as last amended by Laws of Utah 2010, Chapter 114
39 76-10-104.1, as last amended by Laws of Utah 2013, Chapter 278
40 76-10-105, as last amended by Laws of Utah 2010, Chapter 114
41 76-10-105.1, as last amended by Laws of Utah 2015, Chapters 66 and 132
42 76-10-111, as last amended by Laws of Utah 2010, Chapter 114
43 76-10-112, as enacted by Laws of Utah 1989, Chapter 193
44 77-39-101, as last amended by Laws of Utah 2010, Chapters 114 and 276
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 10-8-47 is amended to read:
48 10-8-47. Municipal authority -- Intoxication -- Fights -- Disorderly conduct --
49 Assault and battery -- Petit larceny -- Riots and disorderly assemblies -- Firearms and
50 fireworks -- False pretenses and embezzlement -- Sale of liquor, narcotics, or tobacco to
51 minors -- Possession of controlled substances -- Treatment of alcoholics and narcotics
53 A [
54 (1) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
55 bullfights, and all disorderly conduct [
56 (2) provide against and punish the offenses of assault and battery and petit larceny; [
58 (3) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
59 house, or place in the [
60 (4) regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any
61 other dangerous or combustible material; [
62 (5) provide against and prevent the offense of obtaining money or property under false
63 pretenses and the offense of embezzling money or property in all cases where the money or
64 property embezzled or obtained under false pretenses does not exceed in value the sum of $500
66 (6) prohibit the sale, giving away, or furnishing of narcotics, alcoholic beverages, or
67 tobacco to a person [
69 (7) prohibit the possession of controlled substances as defined in [
70 Chapter 37, Utah Controlled Substances Act, or any other endangering or impairing substance,
71 provided the conduct is not a class A misdemeanor or felony[
72 (8) provide for treatment of alcoholics, narcotic addicts and other persons who are
73 addicted to the use of drugs or intoxicants such that a person substantially lacks the capacity to
74 control the person's use of the drugs or intoxicants, and judicial supervision may be imposed as
75 a means of effecting their rehabilitation.
76 Section 2. Section 26-38-2.6 is amended to read:
77 26-38-2.6. Temporary exemption for certain restrictions on the use of
79 (1) The prohibition against the use of an e-cigarette in a place of public access does not
80 apply if:
81 (a) the use of the e-cigarette occurs in the place of public access that is a retail
82 establishment that sells e-cigarettes and the use is for the purpose of:
83 (i) the retailer of an e-cigarette demonstrating to the purchaser of the e-cigarette how to
84 use the e-cigarette; or
85 (ii) the customer sampling a product sold by the retailer for use in an e-cigarette; and
86 (b) the retailer of e-cigarettes:
87 (i) has all required licenses for the possession and sale of e-cigarettes in a place of
89 (ii) does not permit [
90 age to enter any part of the premises of the retail establishment in which the e-cigarettes are
91 sold; and
92 (iii) the sale of e-cigarettes and substances for use in e-cigarettes constitutes at least
93 75% of the establishment's gross sales.
94 (2) This section does not require a county or municipality to issue a license to a person
95 to sell e-cigarettes.
96 (3) This section sunsets in accordance with Section 63I-1-226.
97 Section 3. Section 26-42-103 is amended to read:
98 26-42-103. Violations and penalties -- Imposition by enforcing agency and tax
100 (1) If, following an investigation or issuance of a citation or information under Section
101 77-39-101, an enforcing agency determines under Section 26-42-104 that a licensee or any
102 employee has sold tobacco to [
103 age, as prohibited by Section 76-10-104, the enforcing agency may impose upon the licensee
104 the following administrative penalties:
105 (a) upon the first violation, a penalty of not more than $300;
106 (b) upon a second violation at the same retail location, and within 12 months of the
107 first violation, a penalty of not more than $750; and
108 (c) upon a third or subsequent violation at the same retail location and within 12
109 months of the first violation, a penalty of not more than $1,000.
110 (2) The enforcing agency shall notify the commission in writing of any order or order
111 of default finding a violation of Subsection (1) which is a third or fourth violation.
112 (3) The commission, upon receipt of the written notification under Subsection (2), shall
113 take action under Section 59-14-203.5 or 59-14-301.5 against the license to sell tobacco:
114 (a) by suspending the licensee's license to sell tobacco at that location for not more
115 than 30 days, upon receipt of notification of a third violation under Subsection (1)(c); and
116 (b) by revoking the license to sell tobacco at that location held by the licensee,
117 including any license under suspension, upon receipt of notification of a fourth violation under
118 Subsection (1)(c).
119 (4) When the commission revokes a license under Subsection (3)(b), the commission
120 may not issue to the licensee, or to the business entity using the license that is revoked, a
121 license under Section 59-14-202, 59-14-301, or 59-14-803 to sell tobacco at the location for
122 which the license was issued for one year after:
123 (a) the day on which the time for filing an appeal of the revocation ends; or
124 (b) if the revocation is appealed, the day on which the decision to uphold the
125 revocation becomes final.
126 (5) This section does not prevent any bona fide purchaser of the business, who is not a
127 sole proprietor, director, corporate officer, or partner or other holder of significant interest in
128 the entity selling the business, from immediately applying for and obtaining a license to sell
130 Section 4. Section 51-9-203 is amended to read:
131 51-9-203. Requirements for tobacco programs.
132 (1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
133 cessation, or control program, an organization, whether private, governmental, or
134 quasi-governmental, shall:
135 (a) submit a request to the Department of Health containing the following information:
136 (i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
137 sound management and periodic evaluation of the campaign's relevance to the intended
138 audience, particularly in campaigns directed toward youth, including audience awareness of the
139 campaign and recollection of the main message;
140 (ii) for school-based education programs to prevent and reduce youth smoking, the
141 request shall describe how the program will be effective in preventing and reducing youth
143 (iii) for community-based programs to prevent and reduce smoking, the request shall
144 demonstrate that the proposed program:
145 (A) has a comprehensive strategy with a clear mission and goals;
146 (B) provides for committed, caring, and professional leadership; and
147 (C) if directed toward youth:
148 (I) offers youth-centered activities in youth accessible facilities;
149 (II) is culturally sensitive, inclusive, and diverse;
150 (III) involves youth in the planning, delivery, and evaluation of services that affect
151 them; and
152 (IV) offers a positive focus that is inclusive of all youth; and
153 (iv) for enforcement, control, and compliance program, the request shall demonstrate
154 that the proposed program can reasonably be expected to reduce the extent to which tobacco
155 products are available to individuals [
156 (b) agree, by contract, to file an annual written report with the Department of Health.
157 The report shall contain the following:
158 (i) the amount funded;
159 (ii) the amount expended;
160 (iii) a description of the program or campaign and the number of adults and youth who
162 (iv) specific elements of the program or campaign meeting the applicable criteria set
163 forth in Subsection (1)(a); and
164 (v) a statement concerning the success and effectiveness of the program or campaign;
165 (c) agree, by contract, to not use any funds received under this part directly or
166 indirectly, to:
167 (i) engage in any lobbying or political activity, including the support of, or opposition
168 to, candidates, ballot questions, referenda, or similar activities; or
169 (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to
171 (A) the provisions of the Master Settlement Agreement;
172 (B) Title 26, Chapter 38, Utah Indoor Clean Air Act;
173 (C) Title 26, Chapter 42, Civil Penalties for Tobacco Sales to Underage Persons; and
174 (D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and
175 (d) agree, by contract, to repay the funds provided under this part if the organization:
176 (i) fails to file a timely report as required by Subsection (1)(b); or
177 (ii) uses any portion of the funds in violation of Subsection (1)(c).
178 (2) The Department of Health shall review and evaluate the success and effectiveness
179 of any program or campaign that receives funding pursuant to a request submitted under
180 Subsection (1). The review and evaluation:
181 (a) shall include a comparison of annual smoking trends;
182 (b) may be conducted by an independent evaluator; and
183 (c) may be paid for by funds appropriated from the account for that purpose.
184 (3) The Department of Health shall annually report to the Social Services
185 Appropriations Subcommittee on the reviews conducted pursuant to Subsection (2).
186 (4) An organization that fails to comply with the contract requirements set forth in
187 Subsection (1) shall:
188 (a) repay the state as provided in Subsection (1)(d); and
189 (b) be disqualified from receiving funds under this part in any subsequent fiscal year.
190 (5) The attorney general shall be responsible for recovering funds that are required to
191 be repaid to the state under this section.
192 (6) Nothing in this section may be construed as applying to funds that are not
193 appropriated under this part.
194 Section 5. Section 53-3-207 is amended to read:
195 53-3-207. License certificates or driving privilege cards issued to drivers by class
196 of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
197 licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
198 (1) As used in this section:
199 (a) "Driving privilege" means the privilege granted under this chapter to drive a motor
201 (b) "Governmental entity" means the state and its political subdivisions as defined in
202 this Subsection (1).
203 (c) "Political subdivision" means any county, city, town, school district, public transit
204 district, community development and renewal agency, special improvement or taxing district,
205 local district, special service district, an entity created by an interlocal agreement adopted under
206 Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
208 (d) "State" means this state, and includes any office, department, agency, authority,
209 commission, board, institution, hospital, college, university, children's justice center, or other
210 instrumentality of the state.
211 (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a
212 regular license certificate, a limited-term license certificate, or a driving privilege card
213 indicating the type or class of motor vehicle the person may drive.
214 (b) A person may not drive a class of motor vehicle unless granted the privilege in that
216 (3) (a) Every regular license certificate, limited-term license certificate, or driving
217 privilege card shall bear:
218 (i) the distinguishing number assigned to the person by the division;
219 (ii) the name, birth date, and Utah residence address of the person;
220 (iii) a brief description of the person for the purpose of identification;
221 (iv) any restrictions imposed on the license under Section 53-3-208;
222 (v) a photograph of the person;
223 (vi) a photograph or other facsimile of the person's signature;
224 (vii) an indication whether the person intends to make an anatomical gift under Title
225 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is extended
226 under Subsection 53-3-214(3); and
227 (viii) except as provided in Subsection (3)(b), if the person states that the person is a
228 veteran of the United States military on the application for a driver license in accordance with
229 Section 53-3-205 and provides verification that the person was granted an honorable or general
230 discharge from the United States Armed Forces, an indication that the person is a United States
231 military veteran for a regular license certificate or limited-term license certificate issued on or
232 after July 1, 2011.
233 (b) A regular license certificate or limited-term license certificate issued to any person
235 is not required to include an indication that the person is a United States military veteran under
236 Subsection (3)(a)(viii).
237 (c) A new license certificate issued by the division may not bear the person's Social
238 Security number.
239 (d) (i) The regular license certificate, limited-term license certificate, or driving
240 privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
241 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the regular
242 license certificate, limited-term license certificate, or driving privilege card shall be as
243 prescribed by the commissioner.
244 (iii) The commissioner may also prescribe the issuance of a special type of limited
245 regular license certificate, limited-term license certificate, or driving privilege card under
246 Subsection 53-3-220(4).
247 (4) (a) (i) The division, upon determining after an examination that an applicant is
248 mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
249 receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
250 license certificate.
251 (ii) (A) The division shall issue a temporary regular license certificate or temporary
252 limited-term license certificate allowing the person to drive a motor vehicle while the division
253 is completing its investigation to determine whether the person is entitled to be granted a
254 driving privilege.
255 (B) A temporary regular license certificate or a temporary limited-term license
256 certificate issued under this Subsection (4) shall be recognized and have the same rights and
257 privileges as a regular license certificate or a limited-term license certificate.
258 (b) The temporary regular license certificate or temporary limited-term license
259 certificate shall be in the person's immediate possession while driving a motor vehicle, and it is
260 invalid when the person's regular license certificate or limited-term license certificate has been
261 issued or when, for good cause, the privilege has been refused.
262 (c) The division shall indicate on the temporary regular license certificate or temporary
263 limited-term license certificate a date after which it is not valid as a temporary license.
264 (d) (i) Except as provided in Subsection (4)(d)(ii), the division may not issue a
265 temporary driving privilege card or other temporary permit to an applicant for a driving
266 privilege card.
267 (ii) The division may issue a learner permit issued in accordance with Section
268 53-3-210.5 to an applicant for a driving privilege card.
269 (5) (a) The division shall distinguish learner permits, temporary permits, regular
270 license certificates, limited-term license certificates, and driving privilege cards issued to any
271 person [
272 color or other means not used for other regular license certificates, limited-term license
273 certificates, or driving privilege cards.
274 (b) The division shall distinguish a regular license certificate, limited-term license
275 certificate, or driving privilege card issued to any person[
276 by use of a portrait-style format not used for other regular license certificates, limited-term
277 license certificates, or driving privilege cards and by plainly printing the date the regular
278 license certificate, limited-term license certificate, or driving privilege card holder is 21 years
279 of age, which is the legal age for purchasing an alcoholic beverage or alcoholic product under
280 Section 32B-4-403[
285 (6) The division shall distinguish a limited-term license certificate by clearly indicating
286 on the document:
287 (a) that it is temporary; and
288 (b) its expiration date.
289 (7) (a) The division shall only issue a driving privilege card to a person whose privilege
290 was obtained without providing evidence of lawful presence in the United States as required
291 under Subsection 53-3-205(8).
292 (b) The division shall distinguish a driving privilege card from a license certificate by:
293 (i) use of a format, color, font, or other means; and
294 (ii) clearly displaying on the front of the driving privilege card a phrase substantially
295 similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
296 (8) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
297 permit, temporary regular license certificate, temporary limited-term license certificate, or any
298 other temporary permit.
299 (9) The division shall issue temporary license certificates of the same nature, except as
300 to duration, as the license certificates that they temporarily replace, as are necessary to
301 implement applicable provisions of this section and Section 53-3-223.
302 (10) (a) A governmental entity may not accept a driving privilege card as proof of
303 personal identification.
304 (b) A driving privilege card may not be used as a document providing proof of a
305 person's age for any government required purpose.
306 (11) A person who violates Subsection (2)(b) is guilty of an infraction.
307 (12) Unless otherwise provided, the provisions, requirements, classes, endorsements,
308 fees, restrictions, and sanctions under this code apply to a:
309 (a) driving privilege in the same way as a license or limited-term license issued under
310 this chapter; and
311 (b) limited-term license certificate or driving privilege card in the same way as a
312 regular license certificate issued under this chapter.
313 Section 6. Section 53-3-806 is amended to read:
314 53-3-806. Portrait-style format -- Minor's card distinguishable.
315 (1) The division shall use a portrait-style format for all identification cards, similar to
316 the format used for license certificates issued to a person [
317 under Section 53-3-207.
318 (2) The identification card issued to a person [
319 be distinguished by use of plainly printed information or by the use of a color or other means
320 not used for the identification card issued to a person 21 years of age or older.
321 (3) The division shall distinguish an identification card issued to any person[
323 21 years of age, which is the legal age for purchasing an alcoholic beverage or alcoholic
324 product under Section 32B-4-403[
325 Section 76-10-104.
329 (4) The division shall distinguish a limited-term identification card by clearly
330 indicating on the card:
331 (a) that it is temporary; and
332 (b) its expiration date.
333 Section 7. Section 59-14-203.5 is amended to read:
334 59-14-203.5. Commission action to suspend or revoke license.
335 (1) (a) The commission shall suspend or revoke licenses to sell tobacco, as required
336 under Section 26-42-103 regarding suspension or revocation of a license due to the sale of
337 cigarettes to [
338 notice of an enforcing agency's finding of a violation of Section 26-42-103.
339 (b) The commission shall provide written notice of the suspension or revocation to the
341 (2) It is the duty of the enforcing agency to advise the commission of any finding of a
342 violation of Section 26-42-103 for which suspension or revocation of the license is a penalty.
343 (3) When the commission revokes a licensee's license under this section the
344 commission may not issue to the licensee, or to the business entity using the license that is
345 revoked, a license under Section 59-14-202 or 59-14-301 to sell tobacco, or a license under
346 Section 59-14-803 to sell an electronic cigarette product, at the location for which the license
347 was issued for one year after:
348 (a) the day on which the time for filing an appeal of the revocation ends; or
349 (b) if the revocation is appealed, the day on which the decision to uphold the
350 revocation becomes final.
351 Section 8. Section 59-14-301.5 is amended to read:
352 59-14-301.5. Commission action to suspend or revoke license.
353 (1) (a) The commission shall suspend or revoke licenses to sell tobacco, as required
354 under Section 26-42-103 regarding suspension or revocation of a license due to the sale of
355 tobacco products to [
356 receipt of notice of an enforcing agency's order or order of default, finding a violation of
357 Section 26-42-103.
358 (b) The commission shall provide written notice of the suspension or revocation to the
360 (2) It is the duty of the enforcing agency to advise the commission of any order or order
361 of default finding a violation of Section 26-42-103, for which suspension or revocation of the
362 license is a penalty.
363 (3) When the commission revokes a licensee's license under this section the
364 commission may not issue to the licensee, or to the business entity using the license that is
365 revoked, a license under Section 59-14-202 or 59-14-301 to sell tobacco, or a license under
366 Section 59-14-803 to sell an electronic cigarette product, at the location for which the license
367 was issued for one year after:
368 (a) the day on which the time for filing an appeal of the revocation ends; or
369 (b) if the revocation is appealed, the day on which the decision to uphold the
370 revocation becomes final.
371 Section 9. Section 59-14-703 is amended to read:
372 59-14-703. Certification of cigarette rolling machine operators -- Renewal of
373 certification -- Requirements for certification or renewal of certification -- Denial.
374 (1) A cigarette rolling machine operator may not perform the following without first
375 obtaining certification from the commission as provided in this part:
376 (a) locate a cigarette rolling machine within this state;
377 (b) make or offer to make a cigarette rolling machine available for use within this state;
379 (c) offer a cigarette for sale within this state if the cigarette is produced by:
380 (i) the cigarette rolling machine operator; or
381 (ii) another person at the location of the cigarette rolling machine operator's cigarette
382 rolling machine.
383 (2) A cigarette rolling machine operator shall renew its certification as provided in this
385 (3) The commission shall prescribe a form for certifying a cigarette rolling machine
386 operator under this part.
387 (4) (a) A cigarette rolling machine operator shall apply to the commission for
388 certification before the cigarette rolling machine operator performs an act described in
389 Subsection (1) within the state for the first time.
390 (b) A cigarette rolling machine operator shall apply to the commission for a renewal of
391 certification on or before the earlier of:
392 (i) December 31 of each year; or
393 (ii) the day on which there is a change in any of the information the cigarette rolling
394 machine operator provides on the form described in Subsection (3).
395 (5) To obtain certification or renewal of certification under this section from the
396 commission, a cigarette rolling machine operator shall:
397 (a) identify:
398 (i) the cigarette rolling machine operator's name and address;
399 (ii) the location, make, and brand of the cigarette rolling machine operator's cigarette
400 rolling machine; and
401 (iii) each person from whom the cigarette rolling machine operator will purchase or be
402 provided tobacco products that the cigarette rolling machine operator will use to produce
403 cigarettes; and
404 (b) certify, under penalty of perjury, that:
405 (i) the tobacco to be used in the cigarette rolling machine operator's cigarette rolling
406 machine, regardless of the tobacco's label or description, shall be only of a:
407 (A) brand family listed on the commission's directory listing required by Section
408 59-14-603; and
409 (B) tobacco product manufacturer listed on the commission's directory listing required
410 by Section 59-14-603;
411 (ii) the cigarette rolling machine operator shall prohibit another person who uses the
412 cigarette rolling machine operator's cigarette rolling machine from using tobacco, a wrapper, or
413 a cover except for tobacco, a wrapper, or a cover purchased by or provided to the cigarette
414 rolling machine operator from a person identified in accordance with Subsection (5)(a)(iii);
415 (iii) the cigarette rolling machine operator holds a current license issued in accordance
416 with this chapter;
417 (iv) the cigarettes produced from the cigarette rolling machine shall comply with Title
418 53, Chapter 7, Part 4, The Reduced Cigarette Ignition Propensity and Firefighter Protection
420 (v) the cigarette rolling machine shall be located in a separate and defined area where
421 the cigarette rolling machine operator ensures that [
423 (A) present at any time; or
424 (B) permitted to enter at any time; and
425 (vi) the cigarette rolling machine operator may not barter, distribute, exchange, offer,
426 or sell cigarettes produced from a cigarette rolling machine in a quantity of less than 20
427 cigarettes per retail transaction.
428 (6) If the commission determines that a cigarette rolling machine operator meets the
429 requirements for certification or renewal of certification under this section, the commission
430 shall grant the certification or renewal of certification.
431 (7) If the commission determines that a cigarette rolling machine operator does not
432 meet the requirements for certification or renewal of certification under this section, the
433 commission shall:
434 (a) deny the certification or renewal of certification; and
435 (b) provide the cigarette rolling machine operator the grounds for denial of the
436 certification or renewal of certification in writing.
437 Section 10. Section 76-10-103 is amended to read:
438 76-10-103. Permitting minors to use tobacco in place of business.
439 It is a class C misdemeanor for the proprietor of [
440 permit [
441 of business while [
442 Section 11. Section 76-10-104 is amended to read:
443 76-10-104. Providing a cigar, cigarette, electronic cigarette, or tobacco to a minor
444 -- Penalties.
445 (1) [
446 negligence provides any cigar, cigarette, electronic cigarette, or tobacco in any form, to [
448 on the first offense, a class B misdemeanor on the second offense, and a class A misdemeanor
449 on subsequent offenses.
450 (2) For purposes of this section "provides":
451 (a) includes selling, giving, furnishing, sending, or causing to be sent; and
452 (b) does not include the acts of the United States Postal Service or other common
453 carrier when engaged in the business of transporting and delivering packages for others or the
454 acts of a person, whether compensated or not, who transports or delivers a package for another
455 person without any reason to know of the package's content.
456 Section 12. Section 76-10-104.1 is amended to read:
457 76-10-104.1. Providing tobacco paraphernalia to minors -- Penalties.
458 (1) For purposes of this section:
459 (a) "Provides":
460 (i) includes selling, giving, furnishing, sending, or causing to be sent; and
461 (ii) does not include the acts of the United States Postal Service or other common
462 carrier when engaged in the business of transporting and delivering packages for others or the
463 acts of a person, whether compensated or not, who transports or delivers a package for another
464 person without any reason to know of the package's content.
465 (b) "Tobacco paraphernalia":
466 (i) means any equipment, product, or material of any kind which is used, intended for
467 use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or
468 otherwise introduce a cigar, cigarette, or tobacco in any form into the human body, including:
469 (A) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
470 screens, permanent screens, hashish heads, or punctured metal bowls;
471 (B) water pipes;
472 (C) carburetion tubes and devices;
473 (D) smoking and carburetion masks;
474 (E) roach clips[
475 that has become too small or too short to be held in the hand;
476 (F) chamber pipes;
477 (G) carburetor pipes;
478 (H) electric pipes;
479 (I) air-driven pipes;
480 (J) chillums;
481 (K) bongs; and
482 (L) ice pipes or chillers; and
483 (ii) does not include matches or lighters.
484 (2) (a) It is unlawful for a person to knowingly, intentionally, recklessly, or with
485 criminal negligence provide any tobacco paraphernalia to [
486 less than 21 years of age.
487 (b) A person who violates this section is guilty of a class C misdemeanor on the first
488 offense and a class B misdemeanor on subsequent offenses.
489 Section 13. Section 76-10-105 is amended to read:
490 76-10-105. Buying or possessing a cigar, cigarette, electronic cigarette, or tobacco
491 by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
492 (1) [
493 21 years of age, who buys or attempts to buy, accepts, or has in the [
494 possession any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of a class C
495 misdemeanor and subject to:
496 (a) a minimum fine or penalty of $60; and
497 (b) participation in a court-approved tobacco education program, which may include a
498 participation fee.
499 (2) [
500 or attempts to buy, accepts, or has in the person's possession any cigar, cigarette, electronic
501 cigarette, or tobacco in any form is subject to the jurisdiction of the Juvenile Court and:
502 (a) a minimum fine or penalty of $60; and
503 (b) participation in a court-approved tobacco education program, which may include a
504 participation fee.
505 (3) A compliance officer appointed by a board of education under Section 53A-3-402
506 may issue citations for violations of this section committed on school property. Cited
507 violations shall be reported to the appropriate juvenile court.
508 Section 14. Section 76-10-105.1 is amended to read:
509 76-10-105.1. Requirement of direct, face-to-face sale of cigarettes, tobacco, and
510 electronic cigarettes -- Minors not allowed in tobacco specialty shop -- Penalties.
511 (1) As used in this section:
512 (a) "Cigarette" means the same as that term is defined in Section 59-14-102.
513 (b) (i) "Face-to-face exchange" means a transaction made in person between an
514 individual and a retailer or retailer's employee.
515 (ii) "Face-to-face exchange" does not include a sale through a:
516 (A) vending machine; or
517 (B) self-service display.
518 (c) "Retailer" means a person who:
519 (i) sells a cigarette, tobacco, or an electronic cigarette to an individual for personal
520 consumption; or
521 (ii) operates a facility with a vending machine that sells a cigarette, tobacco, or an
522 electronic cigarette.
523 (d) "Self-service display" means a display of a cigarette, tobacco, or an electronic
524 cigarette to which the public has access without the intervention of a retailer or retailer's
526 (e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
527 (f) "Tobacco specialty shop" means a retailer with a physical location that derives at
528 least 80% of its total sales from the sale of cigarettes, tobacco, or electronic cigarettes.
529 (2) Except as provided in Subsection (3), a retailer may sell a cigarette, tobacco, or an
530 electronic cigarette only in a face-to-face exchange.
531 (3) The face-to-face sale requirement in Subsection (2) does not apply to:
532 (a) a mail-order, telephone, or Internet sale made in compliance with Section
534 (b) a sale from a vending machine or self-service display that is located in an area of a
535 retailer's facility:
536 (i) that is distinct and separate from the rest of the facility; and
537 (ii) where the retailer only allows an individual who complies with Subsection (4) to be
538 present; or
539 (c) a sale at a tobacco specialty shop.
540 (4) An individual who is less than [
541 present at a tobacco specialty shop unless the individual is:
542 (a) accompanied by a parent or legal guardian;
543 (b) present at the tobacco shop for a bona fide commercial purpose other than to
544 purchase a cigarette, tobacco, or an electronic cigarette[
547 (5) A parent or legal guardian who accompanies, under Subsection (4)(a), an individual
548 into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not allow the
549 individual to purchase a cigarette, tobacco, or an electronic cigarette.
550 (6) A violation of Subsection (2) or (4) is a:
551 (a) class C misdemeanor on the first offense;
552 (b) class B misdemeanor on the second offense; and
553 (c) class A misdemeanor on the third and all subsequent offenses.
554 (7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor
555 under Section 76-10-104.
556 (8) (a) Any ordinance, regulation, or rule adopted by the governing body of a political
557 subdivision of the state or by a state agency that affects the sale, placement, or display of
558 cigarettes, tobacco, or electronic cigarettes that is not essentially identical to the provisions of
559 this section and Section 76-10-102 is superseded by this section and Section 76-10-102.
560 (b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use
561 ordinance by a municipal or county government.
562 Section 15. Section 76-10-111 is amended to read:
563 76-10-111. Prohibition on giving or distributing smokeless tobacco, chewing
564 tobacco, or electronic cigarettes without charge -- Exceptions.
565 (1) The Legislature finds that:
566 (a) smokeless tobacco, [
567 individuals who use those products because research indicates that they may cause mouth or
568 oral cancers;
569 (b) the use of smokeless tobacco among juveniles in this state is increasing rapidly;
570 (c) the use of electronic cigarettes may lead to unhealthy behavior such as the use of
571 tobacco products; and
572 (d) it is necessary to restrict the gift of the products described in this Subsection (1) in
573 the interest of the health of the citizens of this state.
574 (2) Except as provided in Subsection (3), it is unlawful for a manufacturer, wholesaler,
576 chewing tobacco, or an electronic cigarette in this state without charge. [
577 violates this [
578 and [
579 (3) (a) [
580 without charge, smokeless tobacco, including chewing tobacco, or an electronic cigarette [
582 professional [
583 (b) The prohibition described in Subsection (2) does not apply to a retailer,
584 manufacturer, or distributor [
585 an electronic cigarette to [
587 Section 16. Section 76-10-112 is amended to read:
588 76-10-112. Prohibition on giving or distributing cigarettes or other tobacco
589 products without charge -- Exceptions.
590 (1) Except as provided in Subsection (2), it is unlawful for a manufacturer, wholesaler,
591 or retailer to give or distribute cigarettes or other tobacco products in this state without charge.
593 misdemeanor for the first offense and a class B misdemeanor for any subsequent offense.
594 (2) [
595 A manufacturer, wholesaler, or retailer may give or distribute, without charge, cigarettes or
596 other tobacco products to an individual at least 21 years of age at a professional [
597 convention where the general public is excluded.
598 (3) The prohibition described in Subsection (1) does not apply to [
600 cigarettes or other tobacco products to [
601 upon [
602 Section 17. Section 77-39-101 is amended to read:
603 77-39-101. Investigation of sales of alcohol, tobacco, and electronic cigarettes to
604 underage individuals.
605 (1) As used in this section, "electronic cigarette" is as defined in Section 76-10-101.
606 (2) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer
607 Classifications, may investigate the possible violation of:
608 (i) Section 32B-4-403 by requesting an individual [
609 21 years of age to enter into and attempt to purchase or make a purchase of alcohol from a
610 retail establishment; or
611 (ii) Section 76-10-104 by requesting an individual [
612 21 years of age to enter into and attempt to purchase or make a purchase from a retail
613 establishment of:
614 (A) a cigar;
615 (B) a cigarette;
616 (C) tobacco in any form; or
617 (D) an electronic cigarette.
618 (b) A peace officer who is present at the site of a proposed purchase shall direct,
619 supervise, and monitor the individual requested to make the purchase.
620 (c) Immediately following a purchase or attempted purchase or as soon as practical the
621 supervising peace officer shall inform the cashier and the proprietor or manager of the retail
622 establishment that the attempted purchaser was under the legal age to purchase:
623 (i) alcohol; or
624 (ii) (A) a cigar;
625 (B) a cigarette;
626 (C) tobacco in any form; or
627 (D) an electronic cigarette.
628 (d) If a citation or information is issued, it shall be issued within seven days of the
630 (3) (a) If an individual [
631 requested to attempt a purchase, a written consent of that individual's parent or guardian shall
632 be obtained prior to that individual participating in any attempted purchase.
633 (b) An individual requested by the peace officer to attempt a purchase may:
634 (i) be a trained volunteer; or
635 (ii) receive payment, but may not be paid based on the number of successful purchases
636 of alcohol, tobacco, or an electronic cigarette.
637 (4) The individual requested by the peace officer to attempt a purchase and anyone
638 accompanying the individual attempting a purchase may not during the attempted purchase
639 misrepresent the age of the individual by false or misleading identification documentation in
640 attempting the purchase.
641 (5) An individual requested to attempt to purchase or make a purchase pursuant to this
642 section is immune from prosecution, suit, or civil liability for the purchase of, attempted
643 purchase of, or possession of alcohol, a cigar, a cigarette, tobacco in any form, or an electronic
644 cigarette if a peace officer directs, supervises, and monitors the individual.
645 (6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this section
646 shall be conducted:
647 (i) on a random basis; and
648 (ii) within a 12-month period at any one retail establishment location not more often
650 (A) four times for the attempted purchase of:
651 (I) a cigar;
652 (II) a cigarette;
653 (III) tobacco in any form; or
654 (IV) an electronic cigarette; and
655 (B) four times for the attempted purchase of alcohol.
656 (b) Nothing in this section shall prohibit an investigation under this section if:
657 (i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
658 cigar, a cigarette, tobacco in any form, or an electronic cigarette to an individual under the age
659 established by Section 32B-4-403 or 76-10-104; and
660 (ii) the supervising peace officer makes a written record of the grounds for the
661 reasonable suspicion.
662 (7) (a) The peace officer exercising direction, supervision, and monitoring of the
663 attempted purchase shall make a report of the attempted purchase, whether or not a purchase
664 was made.
665 (b) The report required by this Subsection (7) shall include:
666 (i) the name of the supervising peace officer;
667 (ii) the name of the individual attempting the purchase;
668 (iii) a photograph of the individual attempting the purchase showing how that
669 individual appeared at the time of the attempted purchase;
670 (iv) the name and description of the cashier or proprietor from whom the individual
671 attempted the purchase;
672 (v) the name and address of the retail establishment; and
673 (vi) the date and time of the attempted purchase.
674 Section 18. Effective date.
675 This bill takes effect on July 1, 2018.