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7 LONG TITLE
8 General Description:
9 This bill amends penalties for selling tobacco to a minor.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires an enforcing agency to impose administrative penalties against violators;
13 and
14 ▸ increases administrative penalties against violators.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 26-42-103, as last amended by Laws of Utah 2015, Chapter 132
22 26-42-106, as enacted by Laws of Utah 1998, Chapter 319
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 26-42-103 is amended to read:
26 26-42-103. Violations and penalties -- Imposition by enforcing agency and tax
27 commission.
28 (1) If, following an investigation or issuance of a citation or information under Section
29 77-39-101, an enforcing agency determines under Section 26-42-104 that a licensee or [
30 employee of a licensee has sold tobacco to [
31 age, as prohibited by Section 76-10-104, the enforcing agency [
32 in Subsection 26-42-105(2), impose upon the licensee the following administrative penalties:
33 (a) upon the first violation, a penalty of [
34 $750;
35 (b) upon a second violation at the same retail location, and within [
36 months after the first violation, a penalty of [
37 $1,000; and
38 (c) upon a third or subsequent violation at the same retail location and within [
39
40 $1,000 and no more than $1,500.
41 (2) The enforcing agency shall notify the commission in writing of any order or order
42 of default finding a violation of Subsection (1) which is a third or fourth violation.
43 (3) The commission, upon receipt of the written notification under Subsection (2), shall
44 take action under Section 59-14-203.5 or 59-14-301.5 against the license to sell tobacco:
45 (a) by suspending the licensee's license to sell tobacco at that location for not more
46 than [
47 (b) by revoking the license to sell tobacco at that location held by the licensee,
48 including any license under suspension, upon receipt of notification of a fourth violation under
49 Subsection (1)(c).
50 (4) When the commission revokes a license under Subsection (3)(b), the commission
51 may not issue to the licensee, or to the business entity using the license that is revoked, a
52 license under Section 59-14-202, 59-14-301, or 59-14-803 to sell tobacco at the location for
53 which the license was issued for one year after:
54 (a) the day on which the time for filing an appeal of the revocation ends; or
55 (b) if the revocation is appealed, the day on which the decision to uphold the
56 revocation becomes final.
57 (5) This section does not prevent any bona fide purchaser of the business, who is not a
58 sole proprietor, director, corporate officer, or partner or other holder of significant interest in
59 the entity selling the business, from immediately applying for and obtaining a license to sell
60 tobacco.
61 Section 2. Section 26-42-106 is amended to read:
62 26-42-106. Recognition of licensee's training program.
63 (1) In determining the amount of the monetary penalty to be imposed for an employee's
64 violation of Section 26-42-103, the hearing officer [
65
66 (a) the licensee has implemented a documented employee training program; and
67 (b) the employee has completed that training program within 30 days of commencing
68 duties of selling tobacco products.
69 (2) (a) If the hearing officer determines under Subsection (1), regarding a first offense
70 at a location, that the licensee has not implemented a documented training program with a
71 written curriculum for employees at that location regarding compliance with this chapter, the
72 hearing officer may suspend [
73 licensee's initiating a training program for employees at that location within 30 days after the
74 hearing date.
75 (b) If the hearing officer determines at a subsequent hearing that the licensee has not
76 implemented the training program within the time period required under Subsection (2)(a), the
77 suspended monetary penalty shall be promptly imposed, unless the licensee demonstrates good
78 cause for granting an extension of time for implementation of the training program.
Legislative Review Note
Office of Legislative Research and General Counsel