This document includes House Committee Amendments incorporated into the bill on Wed, Feb 26, 2020 at 1:05 PM by naomigarrow.
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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to tobacco products and electronic cigarettes.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms related to electronic cigarettes and tobacco retailers;
13 ▸ modifies the definition of a retail tobacco specialty business;
14 ▸ amends permit violations for tobacco retailers;
15 ▸ creates requirements regarding verification of age for retail tobacco specialty
16 businesses;
17 ▸ makes it a crime to fraudulently use or transfer proof of age to gain access to a retail
18 tobacco specialty business or to purchase a tobacco product or electronic cigarette
19 product;
20 ▸ creates civil penalties for a retail tobacco specialty business that allows an
21 individual under 21 years old in certain circumstances to gain access to the premises
22 of the business or to purchase a cigar, cigarette, electronic cigarette product, or
23 tobacco in any form;
24 ▸ increases the minimum age for obtaining, possessing, using, providing, or
25 furnishing tobacco products and paraphernalia and electronic cigarette products to
26 21 years old;
27 ▸ makes it a crime for an employee of a retail tobacco specialty business to allow an
28 individual under 21 years old to purchase a cigar, cigarette, electronic cigarette
29 product, or tobacco in any form;
30 ▸ amends the number of times that a peace officer must conduct an investigation of a
31 retail shop for underage tobacco sales; and
32 ▸ makes technical and conforming changes.
33 Money Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 This bill provides a special effective date.
37 Utah Code Sections Affected:
38 AMENDS:
39 10-8-41.6, as last amended by Laws of Utah 2018, Chapter 231
40 10-8-47 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
41 17-50-333, as last amended by Laws of Utah 2018, Chapter 231
42 26-62-102, as renumbered and amended by Laws of Utah 2018, Chapter 231
43 26-62-205 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
44 26-62-304 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
45 26-62-305 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
46 51-9-203 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapters 136
47 and 232
48 53-3-229, as last amended by Laws of Utah 2010, Chapters 114 and 276
49 53-3-810, as last amended by Laws of Utah 2010, Chapters 114 and 276
50 53G-8-209, as last amended by Laws of Utah 2019, Chapter 293
51 59-14-703 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
52 76-8-311.3, as last amended by Laws of Utah 2010, Chapter 114
53 76-10-101, as last amended by Laws of Utah 2015, Chapters 66, 132 and last amended
54 by Coordination Clause, Laws of Utah 2015, Chapter 132
55 76-10-103 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
56 76-10-104 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
57 76-10-104.1 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
58 76-10-105 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
59 76-10-105.1 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
60 77-39-101 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
61 ENACTS:
62 26-62-401, Utah Code Annotated 1953
63 26-62-402, Utah Code Annotated 1953
64 76-10-113, Utah Code Annotated 1953
65 76-10-114, Utah Code Annotated 1953
66
67 Be it enacted by the Legislature of the state of Utah:
68 Section 1. Section 10-8-41.6 is amended to read:
69 10-8-41.6. Regulation of retail tobacco specialty business.
70 (1) As used in this section:
71 (a) "Community location" means:
72 (i) a public or private kindergarten, elementary, middle, junior high, or high school;
73 (ii) a licensed child-care facility or preschool;
74 (iii) a trade or technical school;
75 (iv) a church;
76 (v) a public library;
77 (vi) a public playground;
78 (vii) a public park;
79 (viii) a youth center or other space used primarily for youth oriented activities;
80 (ix) a public recreational facility;
81 (x) a public arcade; or
82 (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
83 (b) "Department" means the Department of Health, created in Section 26-1-4.
84 (c) "Local health department" means the same as that term is defined in Section
85 26A-1-102.
86 (d) "Permittee" means a person licensed under this section to conduct business as a
87 retail tobacco specialty business.
88 (e) "Retail tobacco specialty business" means a commercial establishment in which:
89 (i) the sale of tobacco products accounts for more than 35% of the total quarterly gross
90 receipts for the establishment;
91 (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
92 storage of tobacco products;
93 (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
94 tobacco products; [
95 (iv) the commercial establishment holds itself out as a retail tobacco specialty business
96 and causes a reasonable person to believe the commercial establishment is a retail tobacco
97 specialty business; or
98 [
99 (f) "Self-service display" means the same as that term is defined in Section
100 76-10-105.1.
101 (g) "Tobacco product" means:
102 (i) any cigar, cigarette, or electronic cigarette product, as those terms are defined in
103 Section 76-10-101;
104 (ii) a tobacco product, as that term is defined in Section 59-14-102, including:
105 (A) chewing tobacco; or
106 (B) any substitute for a tobacco product, including flavoring or additives to tobacco;
107 and
108 (iii) tobacco paraphernalia, as that term is defined in Section 76-10-104.1.
109 (2) The regulation of a retail tobacco specialty business is an exercise of the police
110 powers of the state[
111 powers to other governmental entities.
112 (3) (a) A person may not operate a retail tobacco specialty business in a municipality
113 unless the person obtains a license from the municipality in which the retail tobacco specialty
114 business is located.
115 (b) A municipality may only issue a retail tobacco specialty business license to a
116 person if the person complies with the provisions of Subsections (4) and (5).
117 (4) (a) Except as provided in Subsection (7), a municipality may not issue a license for
118 a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
119 business is located within:
120 (i) 1,000 feet of a community location;
121 (ii) 600 feet of another retail tobacco specialty business; or
122 (iii) 600 feet from property used or zoned for:
123 (A) agriculture use; or
124 (B) residential use.
125 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
126 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
127 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
128 to intervening structures or zoning districts.
129 (5) (a) Except as provided in Subsection (5)(b), beginning July 1, 2018, a municipality
130 may not issue or renew a license for a person to conduct business as a retail tobacco specialty
131 business until the person provides the municipality with proof that the retail tobacco specialty
132 business has:
133 (i) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
134 62, Tobacco Retail Permit, by the local health department having jurisdiction over the area in
135 which the retail tobacco specialty business is located; and
136 (ii) a valid license to sell tobacco products from the State Tax Commission.
137 (b) A person that was licensed to conduct business as a retail tobacco specialty
138 business in a municipality before July 1, 2018, shall obtain a permit from a local health
139 department under Title 26, Chapter 62, Tobacco Retail Permit, on or before January 1, 2019.
140 (6) (a) Nothing in this section:
141 (i) requires a municipality to issue a retail tobacco specialty business license; or
142 (ii) prohibits a municipality from adopting more restrictive requirements on a person
143 seeking a license or renewal of a license to conduct business as a retail tobacco specialty
144 business.
145 (b) A municipality may suspend or revoke a retail tobacco specialty business license
146 issued under this section:
147 (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
148 Part 16, Pattern of Unlawful Activity Act;
149 (ii) if a licensee violates [
149a restricting the
150 sale and distribution of [
151 and adolescents Ĥ→ [
152 1140
153 (iii) upon the recommendation of the department or a local health department under
154 Title 26, Chapter 62, Tobacco Retail Permit; or
155 (iv) under any other provision of state law or local ordinance.
156 (7) (a) In accordance with Subsection (7)(b), a retail tobacco specialty business that has
157 a business license and is operating in a municipality in accordance with all applicable laws
158 except for the requirement in Subsection (4), on or before December 31, 2015, is exempt from
159 Subsection (4).
160 (b) A retail tobacco specialty business may maintain an exemption under Subsection
161 (7)(a) if:
162 (i) the retail tobacco specialty business license is renewed continuously without lapse
163 or permanent revocation;
164 (ii) the retail tobacco specialty business does not close for business or otherwise
165 suspend the sale of tobacco products for more than 60 consecutive days;
166 (iii) the retail tobacco specialty business does not substantially change the business
167 premises or business operation; and
168 (iv) the retail tobacco specialty business maintains the right to operate under the terms
169 of other applicable laws, including:
170 (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
171 (B) zoning ordinances;
172 (C) building codes; and
173 (D) the requirements of a retail tobacco specialty business license issued before
174 December 31, 2015.
175 Section 2. Section 10-8-47 (Effective 07/01/20) is amended to read:
176 10-8-47 (Effective 07/01/20). Intoxication -- Fights -- Disorderly conduct --
177 Assault and battery -- Petit larceny -- Riots and disorderly assemblies -- Firearms and
178 fireworks -- False pretenses and embezzlement -- Sale of liquor, narcotics, or tobacco to
179 minors -- Possession of controlled substances -- Treatment of alcoholics and narcotics or
180 drug addicts.
181 (1) A municipal legislative body may:
182 (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
183 bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
184 battery and petit larceny;
185 (b) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
186 house, or place in the city;
187 (c) regulate and prevent the discharge of firearms, rockets, powder, fireworks in
188 accordance with Section 53-7-225, or any other dangerous or combustible material;
189 (d) provide against and prevent the offense of obtaining money or property under false
190 pretenses and the offense of embezzling money or property in the cases when the money or
191 property embezzled or obtained under false pretenses does not exceed in value the sum of
192 $500;
193 (e) prohibit the sale, giving away, or furnishing of narcotics or alcoholic beverages to
194 an individual younger than 21 years old; or
195 (f) prohibit the sale, giving away, or furnishing of [
196 product, as defined in Section 10-8-41.6, to an individual younger than[
197
198 (2) A city may:
199 (a) by ordinance, prohibit the possession of controlled substances as defined in the
200 Utah Controlled Substances Act or any other endangering or impairing substance, provided the
201 conduct is not a class A misdemeanor or felony; and
202 (b) provide for treatment of alcoholics, narcotic addicts, and other individuals who are
203 addicted to the use of drugs or intoxicants such that an individual substantially lacks the
204 capacity to control the individual's use of the drugs or intoxicants, and judicial supervision may
205 be imposed as a means of effecting the individual's rehabilitation.
206 Section 3. Section 17-50-333 is amended to read:
207 17-50-333. Regulation of retail tobacco specialty business.
208 (1) As used in this section:
209 (a) "Community location" means:
210 (i) a public or private kindergarten, elementary, middle, junior high, or high school;
211 (ii) a licensed child-care facility or preschool;
212 (iii) a trade or technical school;
213 (iv) a church;
214 (v) a public library;
215 (vi) a public playground;
216 (vii) a public park;
217 (viii) a youth center or other space used primarily for youth oriented activities;
218 (ix) a public recreational facility;
219 (x) a public arcade; or
220 (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
221 (b) "Department" means the Department of Health, created in Section 26-1-4.
222 (c) "Licensee" means a person licensed under this section to conduct business as a
223 retail tobacco specialty business.
224 (d) "Local health department" means the same as that term is defined in Section
225 26A-1-102.
226 (e) "Retail tobacco specialty business" means a commercial establishment in which:
227 (i) the sale of tobacco products accounts for more than 35% of the total quarterly gross
228 receipts for the establishment;
229 (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
230 storage of tobacco products;
231 (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
232 tobacco products; [
233 (iv) the commercial establishment holds itself out as a retail tobacco specialty business
234 and causes a reasonable person to believe the commercial establishment is a retail tobacco
235 specialty business; or
236 [
237 (f) "Self-service display" means the same as that term is defined in Section
238 76-10-105.1.
239 (g) "Tobacco product" means:
240 (i) any cigar, cigarette, or electronic cigarette product as those terms are defined in
241 Section 76-10-101;
242 (ii) a tobacco product as that term is defined in Section 59-14-102, including:
243 (A) chewing tobacco; or
244 (B) any substitute for a tobacco product, including flavoring or additives to tobacco;
245 and
246 (iii) tobacco paraphernalia as that term is defined in Section 76-10-104.1.
247 (2) The regulation of a retail tobacco specialty business is an exercise of the police
248 powers of the state[
249 police power to other governmental entities.
250 (3) (a) A person may not operate a retail tobacco specialty business in a county unless
251 the person obtains a license from the county in which the retail tobacco specialty business is
252 located.
253 (b) A county may only issue a retail tobacco specialty business license to a person if
254 the person complies with the provisions of Subsections (4) and (5).
255 (4) (a) Except as provided in Subsection (7), a county may not issue a license for a
256 person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
257 business is located within:
258 (i) 1,000 feet of a community location;
259 (ii) 600 feet of another retail tobacco specialty business; or
260 (iii) 600 feet from property used or zoned for:
261 (A) agriculture use; or
262 (B) residential use.
263 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
264 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
265 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
266 to intervening structures or zoning districts.
267 (5) (a) Except as provided in Subsection (5)(b), beginning July 1, 2018, a county may
268 not issue or renew a license for a person to conduct business as a retail tobacco specialty
269 business until the person provides the county with proof that the retail tobacco specialty
270 business has:
271 (i) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
272 62, Tobacco Retail Permit, by the local health department having jurisdiction over the area in
273 which the retail tobacco specialty business is located; and
274 (ii) a valid license to sell tobacco products from the State Tax Commission.
275 (b) A person that was licensed to conduct business as a retail tobacco specialty
276 business in a county before July 1, 2018, shall obtain a permit from a local health department
277 under Title 26, Chapter 62, Tobacco Retail Permit, on or before January 1, 2019.
278 (6) (a) Nothing in this section:
279 (i) requires a county to issue a retail tobacco specialty business license; or
280 (ii) prohibits a county from adopting more restrictive requirements on a person seeking
281 a license or renewal of a license to conduct business as a retail tobacco specialty business.
282 (b) A county may suspend or revoke a retail tobacco specialty business license issued
283 under this section:
284 (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
285 Part 16, Pattern of Unlawful Activity Act;
286 (ii) if a licensee violates [
286a restricting the
287 sale and distribution of [
288 and adolescents Ĥ→ [
289 1140
290 (iii) upon the recommendation of the department or a local health department under
291 Title 26, Chapter 62, Tobacco Retail Permit; or
292 (iv) under any other provision of state law or local ordinance.
293 (7) (a) In accordance with Subsection (7)(b), a retail tobacco specialty business that has
294 a business license and is operating in a county in accordance with all applicable laws except for
295 the requirement in Subsection (4), on or before December 31, 2015, is exempt from Subsection
296 (4).
297 (b) A retail tobacco specialty business may maintain an exemption under Subsection
298 (7)(a) if:
299 (i) the retail tobacco specialty business license is renewed continuously without lapse
300 or permanent revocation;
301 (ii) the retail tobacco specialty business does not close for business or otherwise
302 suspend the sale of tobacco products for more than 60 consecutive days;
303 (iii) the retail tobacco specialty business does not substantially change the business
304 premises or business operation; and
305 (iv) the retail tobacco specialty business maintains the right to operate under the terms
306 of other applicable laws, including:
307 (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
308 (B) zoning ordinances;
309 (C) building codes; and
310 (D) the requirements of a retail tobacco specialty business license issued before
311 December 31, 2015.
312 Section 4. Section 26-62-102 is amended to read:
313 26-62-102. Definitions.
314 As used in this chapter:
315 (1) "Community location" means the same as that term is defined:
316 (a) as it relates to a municipality, in Section 10-8-41.6; and
317 (b) as it relates to a county, in Section 17-50-333.
318 (2) "Employee" means an employee of a tobacco retailer.
319 (3) "Enforcing agency" means the state Department of Health, or any local health
320 department enforcing the provisions of this chapter.
321 (4) "General tobacco retailer" means a tobacco retailer that is not a retail tobacco
322 specialty business.
323 (5) "Local health department" means the same as that term is defined in Section
324 26A-1-102.
325 (6) "Owner" means a person holding a 20% ownership interest in the business that is
326 required to obtain an permit under this chapter.
327 [
328 (8) (a) "Proof of age" means:
329 (i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
330 Card Act;
331 (ii) a valid identification that:
332 (A) is substantially similar to an identification card issued under Title 53, Chapter 3,
333 Part 8, Identification Card Act;
334 (B) is issued in accordance with the laws of a state other than Utah in which the
335 identification is issued;
336 (C) includes date of birth; and
337 (D) has a picture affixed;
338 (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
339 Driver License Act, or in accordance with the laws of the state in which the valid driver license
340 is issued;
341 (iv) a valid United States military identification card that:
342 (A) includes date of birth; and
343 (B) has a picture affixed; or
344 (v) a valid passport.
345 (b) "Proof of age" does not include a valid driving privilege card issued in accordance
346 with Section 53-3-207.
347 [
348 (a) as it relates to a municipality, in Section 10-8-41.6; and
349 (b) as it relates to a county, in Section 17-50-333.
350 [
351 Commission under:
352 (a) Section 59-14-201 to sell cigarettes at retail;
353 (b) Section 59-14-301 to sell tobacco products at retail; or
354 (c) Section 59-14-803 to sell an electronic cigarette product.
355 [
356 (a) a cigar, cigarette, or electronic cigarette product as those terms are defined in
357 Section 76-10-101;
358 (b) a tobacco product as that term is defined in Section 59-14-102, including:
359 (i) chewing tobacco; or
360 (ii) any substitute for a tobacco product, including flavoring or additives to tobacco; or
361 (c) tobacco paraphernalia as that term is defined in Section 76-10-104.1.
362 [
363 commission license.
364 Section 5. Section 26-62-205 (Effective 07/01/20) is amended to read:
365 26-62-205 (Effective 07/01/20). Permit requirements for a retail tobacco specialty
366 business.
367 A retail tobacco specialty business shall:
368 (1) electronically verify proof of age for any individual that enters the premises of the
369 business in accordance with Part 4, Proof of Age Requirements;
370 [
371 entering the business if the individual is[
372
373 [
374 public entrance of the business that communicates:
375 (a) the prohibition on the presence of an individual under 21 years old in a retail
376 tobacco specialty business in Subsection 76-10-105.1(4); and
377 (b) the prohibition on the sale of tobacco products to an individual under 21 years old
378 as described in Sections 76-10-104, 76-10-104.1, 76-10-105.1, and 76-10-113.
379 Section 6. Section 26-62-304 (Effective 07/01/20) is amended to read:
380 26-62-304 (Effective 07/01/20). Hearing -- Evidence of criminal conviction.
381 (1) At a civil hearing conducted under Section 26-62-302, evidence of the final
382 criminal conviction of a tobacco retailer or employee for violation of Section [
383 76-10-114 at the same location and within the same time period as the location and time period
384 alleged in the civil hearing for violation of this chapter for sale of tobacco products to an
385 individual under [
386 chapter[
387 [
388 [
389 (2) If the tobacco retailer is convicted of violating Section [
390 enforcing agency:
391 (a) may not assess an additional monetary penalty under this chapter for the same
392 offense for which the conviction was obtained; and
393 (b) may revoke or suspend a permit in accordance with Section 26-62-305 or
394 26-62-402.
395 Section 7. Section 26-62-305 (Effective 07/01/20) is amended to read:
396 26-62-305 (Effective 07/01/20). Penalties.
397 (1) (a) If[
398
399 that a person has violated the terms of a permit issued under this chapter, the enforcing agency
400 may impose the penalties described in this section.
401 (b) If multiple violations are found in a single inspection by an enforcing agency or
402 investigation[
403
404 enforcing agency shall treat the multiple violations as one single violation under Subsections
405 (2), (3), and (4).
406 (2) Except as provided in Subsection (3) and Section 26-62-402, if a violation is found
407 in an inspection by an enforcing agency or an investigation by a law enforcement agency under
408 Section 77-39-101, the enforcing agency shall:
409 (a) on a first violation at a retail location [
410 $500[
411 (b) [
412 that occurs within one year of a previous violation [
413 $750[
414 (c) [
415 retail location that occurs within two years after two [
416 (i) a suspension of the [
417 within 60 days after the day on which the third [
418 (ii) a penalty of [
419 [
420 [
421
422 [
423
424 [
425 [
426 [
427
428 (d) on a fourth or subsequent violation within two years of three previous violations:
429 (i) impose a penalty of no more than $1,000;
430 (ii) revoke a permit of the retailer; and
431 (iii) if applicable, recommend to a municipality or county that a retail tobacco specialty
432 business license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.
433 (3) If a violation is found in an investigation of a general tobacco retailer by a law
434 enforcement agency under Section 77-39-101 for the sale of a tobacco product to an individual
435 under 21 years old and the violation is committed by the owner of the general tobacco retailer,
436 the enforcing agency shall:
437 (a) on a first violation, impose a fine of no more than $2,000 on the general tobacco
438 retailer; and
439 (b) on the second violation for the same general tobacco retailer within one year of the
440 first violation:
441 (i) impose a fine not exceeding $5,000; and
442 (ii) revoke the permit for the general tobacco retailer.
443 (4) If a violation is found in an investigation of a retail tobacco specialty business by a
444 law enforcement agency under Section 77-39-101 for the sale of a tobacco product to an
445 individual under 21 years old, the enforcing agency shall apply the provisions of Section
446 26-62-402.
447 [
448 health department may not issue a permit to:
449 (i) a tobacco retailer for whom a permit is suspended or revoked under Subsection (2)
450 or (3) or Section 26-62-402; or
451 (ii) a tobacco retailer that has the same proprietor, director, corporate officer, partner,
452 or other holder of significant interest as another tobacco retailer for whom a permit is
453 suspended or revoked under Subsection (2) or (3) or Section 26-62-402.
454 (b) A person whose permit:
455 (i) is suspended under this section may not apply for a new permit for any other
456 tobacco retailer for a period of 12 months after the day on which an enforcing agency suspends
457 the permit; and
458 (ii) is revoked under this section or Section 26-62-402 may not apply for a new permit
459 for any tobacco retailer for a period of 24 months after the day on which an enforcing agency
460 revokes the permit.
461 [
462 Section 26-62-402 that occur at a tobacco retailer location shall stay on the record for that
463 tobacco retailer location unless:
464 (a) the tobacco retailer is transferred to a new proprietor; and
465 (b) the new proprietor provides documentation to the local health department that the
466 new proprietor is acquiring the tobacco retailer in an arm's length transaction from the previous
467 proprietor.
468 Section 8. Section 26-62-401 is enacted to read:
469
470 26-62-401. Verification of proof of age.
471 (1) As used in this section:
472 (a) "Employee" means an employee of a retail tobacco specialty business.
473 (b) "Electronic verification program" means a technology used by a retail tobacco
474 specialty business to confirm proof of age for an individual.
475 (2) A retail tobacco specialty business shall require that an employee verify proof of
476 age as provided in this section.
477 (3) To comply with Subsection (2), an employee shall:
478 (a) request the individual present proof of age; and
479 (b) verify the validity of the proof of age electronically in accordance with Subsection
480 (4).
481 (4) A retail tobacco specialty business shall use an electronic verification program to
482 assist the business in complying with the requirements of this section.
483 (5) (a) A retail tobacco specialty business may not disclose information obtained under
484 this section except as provided under this part.
485 (b) Information obtained under this section:
486 (i) shall be kept for at least 30 days; and
487 (ii) is subject to inspection upon request by a peace officer or the representative of an
488 enforcing agency.
489 (6) (a) If an employee does not verify proof of age under this section, the employee
490 may not permit an individual to:
491 (i) except as provided in Subsection (6)(b), enter a retail tobacco specialty business; or
492 (ii) purchase a tobacco product.
493 (b) In accordance with Subsection 76-10-105.1(4), an individual who is under 21 years
494 old may be permitted to enter a retail tobacco specialty business if:
495 (i) the individual is accompanied by a parent or legal guardian who provides proof of
496 age; or
497 (ii) the individual is present at the retail tobacco specialty shop for a bona fide
498 commercial purpose other than to purchase a tobacco product.
499 (7) To determine whether the individual described in Subsection (2) is 21 years old or
500 older, the following may request an individual described in Subsection (2) to present proof of
501 age:
502 (a) an employee;
503 (b) a peace officer; or
504 (c) a representative of an enforcing agency.
505 Section 9. Section 26-62-402 is enacted to read:
506 26-62-402. Penalties.
507 (1) Except as provided in Subsection (2), if a violation of this part is found in an
508 investigation of a retail tobacco specialty business by a law enforcement agency under Section
509 77-39-101, the enforcing agency shall:
510 (a) on a first violation, impose a penalty of no more than $500 on the retail tobacco
511 specialty business;
512 (b) on a second violation for the same retail tobacco specialty business that occurs
513 within one year of a previous violation, impose a penalty of no more than $750;
514 (c) on a third violation for the same retail tobacco specialty business that occurs within
515 two years of the two previous violations, impose:
516 (i) a suspension of the permit for 30 consecutive business days within 60 days after the
517 day on which the third violation occurs; or
518 (ii) a penalty of no more than $1,000; and
519 (d) on a fourth or subsequent violation within two years of the three previous
520 violations:
521 (i) impose a penalty of no more than $1,000;
522 (ii) revoke the permit of the retail tobacco specialty business; and
523 (iii) recommend to a municipality or county that a retail tobacco specialty business
524 license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.
525 (2) If a violation of this part is committed by the owner and is found in an investigation
526 of a retail tobacco specialty business by a law enforcement agency under Section 77-39-101,
527 the enforcing agency shall:
528 (a) on a first violation, impose a fine not exceeding $2,000; and
529 (b) on a second violation at the same retail tobacco specialty business within one year
530 of the first violation:
531 (i) impose a fine not exceeding $5,000;
532 (ii) revoke the retail tobacco specialty business's permit; and
533 (iii) recommend to a municipality or county that the retail tobacco specialty license
534 issued under Section 10-8-61.6 or 17-50-333 to the retail tobacco specialty business be
535 suspended or revoked.
536 (3) If multiple violations are found in a single investigation by a law enforcement
537 agency under Section 77-39-101, the enforcing agency shall treat the multiple violations as a
538 single violation.
539 Section 10. Section 51-9-203 (Effective 07/01/20) is amended to read:
540 51-9-203 (Effective 07/01/20). Requirements for tobacco programs.
541 (1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
542 cessation, or control program, an organization, whether private, governmental, or
543 quasi-governmental, shall:
544 (a) submit a request to the Department of Health containing the following information:
545 (i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
546 sound management and periodic evaluation of the campaign's relevance to the intended
547 audience, particularly in campaigns directed toward youth, including audience awareness of the
548 campaign and recollection of the main message;
549 (ii) for school-based education programs to prevent and reduce youth smoking, the
550 request shall describe how the program will be effective in preventing and reducing youth
551 smoking;
552 (iii) for community-based programs to prevent and reduce smoking, the request shall
553 demonstrate that the proposed program:
554 (A) has a comprehensive strategy with a clear mission and goals;
555 (B) provides for committed, caring, and professional leadership; and
556 (C) if directed toward youth:
557 (I) offers youth-centered activities in youth accessible facilities;
558 (II) is culturally sensitive, inclusive, and diverse;
559 (III) involves youth in the planning, delivery, and evaluation of services that affect
560 them; and
561 (IV) offers a positive focus that is inclusive of all youth; and
562 (iv) for enforcement, control, and compliance program, the request shall demonstrate
563 that the proposed program can reasonably be expected to reduce the extent to which [
564
565 terms are defined in Section 76-10-101, are available to individuals under [
566
567
568 (b) agree, by contract, to file an annual written report with the Department of Health
569 that contains the following:
570 (i) the amount funded;
571 (ii) the amount expended;
572 (iii) a description of the program or campaign and the number of adults and youth who
573 participated;
574 (iv) specific elements of the program or campaign meeting the applicable criteria set
575 forth in Subsection (1)(a); and
576 (v) a statement concerning the success and effectiveness of the program or campaign;
577 (c) agree, by contract, to not use any funds received under this part directly or
578 indirectly, to:
579 (i) engage in any lobbying or political activity, including the support of, or opposition
580 to, candidates, ballot questions, referenda, or similar activities; or
581 (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to
582 enforce:
583 (A) the provisions of the Master Settlement Agreement;
584 (B) Title 26, Chapter 38, Utah Indoor Clean Air Act;
585 (C) Title 26, Chapter 62, Part 3, Enforcement; and
586 (D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and
587 (d) agree, by contract, to repay the funds provided under this part if the organization:
588 (i) fails to file a timely report as required by Subsection (1)(b); or
589 (ii) uses any portion of the funds in violation of Subsection (1)(c).
590 (2) The Department of Health shall review and evaluate the success and effectiveness
591 of any program or campaign that receives funding pursuant to a request submitted under
592 Subsection (1). The review and evaluation:
593 (a) shall include a comparison of annual smoking trends;
594 (b) may be conducted by an independent evaluator; and
595 (c) may be paid for by funds appropriated from the account for that purpose.
596 (3) The Department of Health shall annually report to the Social Services
597 Appropriations Subcommittee on the reviews conducted pursuant to Subsection (2).
598 (4) An organization that fails to comply with the contract requirements set forth in
599 Subsection (1) shall:
600 (a) repay the state as provided in Subsection (1)(d); and
601 (b) be disqualified from receiving funds under this part in any subsequent fiscal year.
602 (5) The attorney general shall be responsible for recovering funds that are required to
603 be repaid to the state under this section.
604 (6) Nothing in this section may be construed as applying to funds that are not
605 appropriated under this part.
606 Section 11. Section 53-3-229 is amended to read:
607 53-3-229. Prohibited uses of license certificate -- Penalty.
608 (1) It is a class C misdemeanor for [
609 (a) lend or knowingly permit the use of a license certificate issued to the [
610 individual, by [
611 (b) display or [
612 license certificate not issued to the [
613 (c) refuse to surrender to the division or a peace officer upon demand any license
614 certificate issued by the division;
615 (d) use a false name or give a false address in any application for a license or any
616 renewal or duplicate of the license certificate, or to knowingly make a false statement, or to
617 knowingly conceal a material fact or otherwise commit a fraud in the application;
618 (e) display a canceled, denied, revoked, suspended, or disqualified driver license
619 certificate as a valid driver license certificate;
620 (f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
621 driver license certificate issued by a governmental entity if the item is not an authentic driver
622 license certificate issued by that governmental entity; or
623 (g) alter any information on an authentic driver license certificate so that it no longer
624 represents the information originally displayed.
625 (2) The provisions of Subsection (1)(e) do not prohibit the use of [
626 individual's driver license certificate as a means of personal identification.
627 (3) It is a class A misdemeanor to knowingly:
628 (a) issue a driver license certificate with false or fraudulent information;
629 (b) issue a driver license certificate to [
630 years [
631 an individual who is younger than 21 years [
632 (c) acquire, use, display, or transfer a false or altered driver license certificate to
633 procure[
634 terms are defined in Section 76-10-101.
635 [
636 [
637 [
638 [
639 (4) [
640 license certificate to procure alcoholic beverages, gain admittance to a place where alcoholic
641 beverages are sold or consumed, or obtain employment that may not be obtained by a minor in
642 violation of Section 32B-1-403.
643 (5) It is a third degree felony if [
644 transfer of a false or altered driver license certificate:
645 (a) aids or furthers the [
646 services; or
647 (b) aids or furthers the [
648 Section 12. Section 53-3-810 is amended to read:
649 53-3-810. Prohibited uses of identification card -- Penalties.
650 (1) It is a class C misdemeanor to:
651 (a) lend or knowingly permit the use of an identification card issued to the [
652 individual, by [
653 (b) display or to represent as the [
654 identification card not issued to the [
655 (c) refuse to surrender to the division or a peace officer upon demand any identification
656 card issued by the division;
657 (d) use a false name or give a false address in any application for an identification card
658 or any renewal or duplicate of the identification card, or to knowingly make a false statement,
659 or to knowingly conceal a material fact in the application;
660 (e) display a revoked identification card as a valid identification card;
661 (f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
662 identification card issued by a governmental entity if the item is not an authentic identification
663 card issued by that governmental entity; or
664 (g) alter any information contained on an authentic identification card so that it no
665 longer represents the information originally displayed.
666 (2) It is a class A misdemeanor to knowingly:
667 (a) issue an identification card with false or fraudulent information;
668 (b) issue an identification card to [
669 years [
670 individual who is younger than 21 years [
671 (c) acquire, use, display, or transfer a false or altered identification card to procure[
672 cigar, a cigarette, an electronic cigarette product, or tobacco in any form, as those terms are
673 defined in Section 76-10-101.
674 [
675 [
676 [
677 [
678 (3) [
679 altered identification card to procure alcoholic beverages, gain admittance to a place where
680 alcoholic beverages are sold or consumed, or obtain employment that may not be obtained by a
681 minor in violation of Section 32B-1-403.
682 (4) It is a third degree felony if [
683 transfer of a false or altered identification card:
684 (a) aids or furthers the [
685 services; or
686 (b) aids or furthers the [
687 Section 13. Section 53G-8-209 is amended to read:
688 53G-8-209. Extracurricular activities -- Prohibited conduct -- Reporting of
689 violations -- Limitation of liability.
690 (1) The Legislature recognizes that:
691 (a) participation in student government and extracurricular activities may confer
692 important educational and lifetime benefits upon students, and encourages school districts and
693 charter schools to provide a variety of opportunities for all students to participate in such
694 activities in meaningful ways;
695 (b) there is no constitutional right to participate in these types of activities, and does
696 not through this section or any other provision of law create such a right;
697 (c) students who participate in student government and extracurricular activities,
698 particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
699 those activities, become role models for others in the school and community;
700 (d) these individuals often play major roles in establishing standards of acceptable
701 behavior in the school and community, and establishing and maintaining the reputation of the
702 school and the level of community confidence and support afforded the school; and
703 (e) it is of the utmost importance that those involved in student government, whether as
704 officers or advisors, and those involved in competitive athletics and related activities, whether
705 students or staff, comply with all applicable laws and standards of behavior and conduct
706 themselves at all times in a manner befitting their positions and responsibilities.
707 (2) (a) The state board may, and local school boards and charter school governing
708 boards shall, adopt rules or policies implementing this section that apply to both students and
709 staff.
710 (b) The rules or policies described in Subsection (2)(a) shall include prohibitions
711 against the following types of conduct in accordance with Section 53G-8-211, while in the
712 classroom, on school property, during school sponsored activities, or regardless of the location
713 or circumstance, affecting a person or property described in Subsections 53G-8-203(1)(e)(i)
714 through (iv):
715 (i) the use of foul, abusive, or profane language while engaged in school related
716 activities;
717 (ii) (A) the illicit use, possession, or distribution of controlled substances or drug
718 paraphernalia[
719 (B) the use, possession, or distribution of [
720
721 cigarette product, or tobacco in any form, as those terms are defined in Section 76-10-101, or
722 an alcoholic beverage that is contrary to law; and
723 (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
724 behavior involving physical violence, restraint, improper touching, or inappropriate exposure
725 of body parts not normally exposed in public settings, forced ingestion of any substance, or any
726 act which would constitute a crime against a person or public order under Utah law.
727 (3) (a) School employees who reasonably believe that a violation of this section may
728 have occurred shall immediately report that belief to the school principal, district
729 superintendent, or chief administrative officer of a charter school.
730 (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
731 alleged incident, and actions taken in response, to the district superintendent or the
732 superintendent's designee within 10 working days after receipt of the report.
733 (c) Failure of a person holding a professional certificate to report as required under this
734 Subsection (3) constitutes an unprofessional practice.
735 (4) Limitations of liability set forth under Section 53G-8-405 apply to this section.
736 Section 14. Section 59-14-703 (Effective 07/01/20) is amended to read:
737 59-14-703 (Effective 07/01/20). Certification of cigarette rolling machine
738 operators -- Renewal of certification -- Requirements for certification or renewal of
739 certification -- Denial.
740 (1) A cigarette rolling machine operator may not perform the following without first
741 obtaining certification from the commission as provided in this part:
742 (a) locate a cigarette rolling machine within this state;
743 (b) make or offer to make a cigarette rolling machine available for use within this state;
744 or
745 (c) offer a cigarette for sale within this state if the cigarette is produced by:
746 (i) the cigarette rolling machine operator; or
747 (ii) another person at the location of the cigarette rolling machine operator's cigarette
748 rolling machine.
749 (2) A cigarette rolling machine operator shall renew its certification as provided in this
750 section.
751 (3) The commission shall prescribe a form for certifying a cigarette rolling machine
752 operator under this part.
753 (4) (a) A cigarette rolling machine operator shall apply to the commission for
754 certification before the cigarette rolling machine operator performs an act described in
755 Subsection (1) within the state for the first time.
756 (b) A cigarette rolling machine operator shall apply to the commission for a renewal of
757 certification on or before the earlier of:
758 (i) December 31 of each year; or
759 (ii) the day on which there is a change in any of the information the cigarette rolling
760 machine operator provides on the form described in Subsection (3).
761 (5) To obtain certification or renewal of certification under this section from the
762 commission, a cigarette rolling machine operator shall:
763 (a) identify:
764 (i) the cigarette rolling machine operator's name and address;
765 (ii) the location, make, and brand of the cigarette rolling machine operator's cigarette
766 rolling machine; and
767 (iii) each person from whom the cigarette rolling machine operator will purchase or be
768 provided tobacco products that the cigarette rolling machine operator will use to produce
769 cigarettes; and
770 (b) certify, under penalty of perjury, that:
771 (i) the tobacco to be used in the cigarette rolling machine operator's cigarette rolling
772 machine, regardless of the tobacco's label or description, shall be only of a:
773 (A) brand family listed on the commission's directory listing required by Section
774 59-14-603; and
775 (B) tobacco product manufacturer listed on the commission's directory listing required
776 by Section 59-14-603;
777 (ii) the cigarette rolling machine operator shall prohibit another person who uses the
778 cigarette rolling machine operator's cigarette rolling machine from using tobacco, a wrapper, or
779 a cover except for tobacco, a wrapper, or a cover purchased by or provided to the cigarette
780 rolling machine operator from a person identified in accordance with Subsection (5)(a)(iii);
781 (iii) the cigarette rolling machine operator holds a current license issued in accordance
782 with this chapter;
783 (iv) the cigarettes produced from the cigarette rolling machine shall comply with Title
784 53, Chapter 7, Part 4, The Reduced Cigarette Ignition Propensity and Firefighter Protection
785 Act;
786 (v) the cigarette rolling machine shall be located in a separate and defined area where
787 the cigarette rolling machine operator ensures that an individual younger than [
788
789 (A) present at any time; or
790 (B) permitted to enter at any time; and
791 (vi) the cigarette rolling machine operator may not barter, distribute, exchange, offer,
792 or sell cigarettes produced from a cigarette rolling machine in a quantity of less than 20
793 cigarettes per retail transaction.
794 [
795 [
796 [
797 [
798 the requirements for certification or renewal of certification under this section, the commission
799 shall grant the certification or renewal of certification.
800 [
801 not meet the requirements for certification or renewal of certification under this section, the
802 commission shall:
803 (a) deny the certification or renewal of certification; and
804 (b) provide the cigarette rolling machine operator the grounds for denial of the
805 certification or renewal of certification in writing.
806 Section 15. Section 76-8-311.3 is amended to read:
807 76-8-311.3. Items prohibited in correctional and mental health facilities --
808 Penalties.
809 (1) As used in this section:
810 (a) "Contraband" means any item not specifically prohibited for possession by
811 offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
812 (b) "Controlled substance" means any substance defined as a controlled substance
813 under Title 58, Chapter 37, Utah Controlled Substances Act.
814 (c) "Correctional facility" means:
815 (i) any facility operated by or contracting with the Department of Corrections to house
816 offenders in either a secure or nonsecure setting;
817 (ii) any facility operated by a municipality or a county to house or detain criminal
818 offenders;
819 (iii) any juvenile detention facility; and
820 (iv) any building or grounds appurtenant to the facility or lands granted to the state,
821 municipality, or county for use as a correctional facility.
822 (d) "Electronic cigarette[
823 Section 76-10-101.
824 (e) "Medicine" means any prescription drug as defined in Title 58, Chapter 17b,
825 Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58,
826 Chapter 37, Utah Controlled Substances Act.
827 (f) "Mental health facility" is as defined in Section 62A-15-602.
828 (g) "Offender" means a person in custody at a correctional facility.
829 (h) "Secure area" is as defined in Section 76-8-311.1.
830 (i) "Tobacco product" means a cigar, cigarette, or tobacco in any form, as those terms
831 are defined in Section 76-10-101.
832 (2) Notwithstanding Section 76-10-500, a correctional or mental health facility may
833 provide by rule that no firearm, ammunition, dangerous weapon, implement of escape,
834 explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in any
835 quantity may be:
836 (a) transported to or upon a correctional or mental health facility;
837 (b) sold or given away at any correctional or mental health facility;
838 (c) given to or used by any offender at a correctional or mental health facility; or
839 (d) knowingly or intentionally possessed at a correctional or mental health facility.
840 (3) It is a defense to any prosecution under this section if the accused in committing the
841 act made criminal by this section with respect to:
842 (a) a correctional facility operated by the Department of Corrections, acted in
843 conformity with departmental rule or policy;
844 (b) a correctional facility operated by a municipality, acted in conformity with the
845 policy of the municipality;
846 (c) a correctional facility operated by a county, acted in conformity with the policy of
847 the county; or
848 (d) a mental health facility, acted in conformity with the policy of the mental health
849 facility.
850 (4) (a) [
851 into a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or
852 implement of escape with intent to provide or sell it to any offender, is guilty of a second
853 degree felony.
854 (b) [
855 facility, or any detainee at a secure area of a mental health facility, any firearm, ammunition,
856 dangerous weapon, or implement of escape is guilty of a second degree felony.
857 (c) [
858 possesses at a secure area of a mental health facility, any firearm, ammunition, dangerous
859 weapon, or implement of escape is guilty of a second degree felony.
860 (d) [
861 the correctional facility or the secure area of a mental health facility, knowingly possesses at a
862 correctional facility or a secure area of a mental health facility any firearm, ammunition,
863 dangerous weapon, or implement of escape is guilty of a third degree felony.
864 (e) [
865 intentionally transports, possesses, distributes, or sells any explosive in a correctional facility or
866 mental health facility.
867 (5) (a) [
868 permission of the authority operating the correctional facility or secure area of a mental health
869 facility, knowingly transports to or upon a correctional facility or into a secure area of a mental
870 health facility any:
871 (i) spirituous or fermented liquor;
872 (ii) medicine, whether or not lawfully prescribed for the offender; or
873 (iii) poison in any quantity.
874 (b) [
875 correctional or mental health facility policy or rule by providing or selling to any offender at a
876 correctional facility or detainee within a secure area of a mental health facility any:
877 (i) spirituous or fermented liquor;
878 (ii) medicine, whether or not lawfully prescribed for the offender; or
879 (iii) poison in any quantity.
880 (c) An inmate is guilty of a third degree felony who, in violation of correctional or
881 mental health facility policy or rule, possesses at a correctional facility or in a secure area of a
882 mental health facility any:
883 (i) spirituous or fermented liquor;
884 (ii) medicine, other than medicine provided by the facility's health care providers in
885 compliance with facility policy; or
886 (iii) poison in any quantity.
887 (d) [
888 directly or indirectly provide or sell any tobacco product or electronic cigarette product to an
889 offender, directly or indirectly:
890 (i) transports, delivers, or distributes any tobacco product or electronic cigarette
891 product to an offender or on the grounds of any correctional facility;
892 (ii) solicits, requests, commands, coerces, encourages, or intentionally aids another
893 person to transport any tobacco product or electronic cigarette product to an offender or on any
894 correctional facility, if the person is acting with the mental state required for the commission of
895 an offense; or
896 (iii) facilitates, arranges, or causes the transport of any tobacco product or electronic
897 cigarette product in violation of this section to an offender or on the grounds of any
898 correctional facility.
899 (e) [
900 permission of the authority operating the correctional or mental health facility, fails to declare
901 or knowingly possesses at a correctional facility or in a secure area of a mental health facility
902 any:
903 (i) spirituous or fermented liquor;
904 (ii) medicine; or
905 (iii) poison in any quantity.
906 (f) [
907 permission of the authority operating the correctional facility, knowingly engages in any
908 activity that would facilitate the possession of any contraband by an offender in a correctional
909 facility. The provisions of Subsection (5)(d) regarding any tobacco product or electronic
910 cigarette product take precedence over this Subsection (5)(f).
911 (g) Exemptions may be granted for worship for Native American inmates pursuant to
912 Section 64-13-40.
913 (6) The possession, distribution, or use of a controlled substance at a correctional
914 facility or in a secure area of a mental health facility shall be prosecuted in accordance with
915 Title 58, Chapter 37, Utah Controlled Substances Act.
916 (7) The department shall make rules under Title 63G, Chapter 3, Utah Administrative
917 Rulemaking Act, to establish guidelines for providing written notice to visitors that providing
918 any tobacco product or electronic cigarette product to offenders is a class A misdemeanor.
919 Section 16. Section 76-10-101 is amended to read:
920 76-10-101. Definitions.
921 As used in this part:
922 (1) "Cigar" means a product that contains nicotine, is intended to be burned under
923 ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in
924 any substance containing tobacco, other than any roll of tobacco that is a cigarette as described
925 in Subsection (2).
926 (2) [
927 product that contains nicotine, is intended to be burned under ordinary conditions of use, and
928 consists of:
929 (a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
930 (b) any roll of tobacco wrapped in any substance containing tobacco which, because of
931 its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to
932 be offered to, or purchased by, consumers as a cigarette described in Subsection (2)(a).
933 [
934
935 (3) (a) "Electronic cigarette" means:
936 (i) any electronic oral device:
937 (A) that provides an aerosol or a vapor of nicotine or other substance; and
938 (B) which simulates smoking through the device's use, or though inhalation, of the
939 device;
940 (ii) a component of the device described in Subsection (3)(a)(i); and
941 (iii) an accessory sold in the same package as the device described in Subsection
942 (3)(a)(i).
943 (b) "Electronic cigarette" includes an oral device that is:
944 (i) composed of a heating element, battery, or electronic circuit; and
945 (ii) marketed, manufactured, distributed, or sold as:
946 (A) an e-cigarette;
947 (B) an e-cigar;
948 (C) an e-pipe; or
949 (D) any other product name or descriptor, if the function of the product meets the
950 definition of Subsection (3)(a).
951 (4) "Electronic cigarette product" means an electronic cigarette, an electronic cigarette
952 substance, or a prefilled electronic cigarette.
953 (5) "Electronic cigarette substance" means any substance, including liquid containing
954 nicotine, used or intended for use in an electronic cigarette.
955 [
956 (a) a shop;
957 (b) a store;
958 (c) a factory;
959 (d) a public garage;
960 (e) an office;
961 (f) a theater;
962 (g) a recreation hall;
963 (h) a dance hall;
964 (i) a poolroom;
965 (j) a café;
966 (k) a cafeteria;
967 (l) a cabaret;
968 (m) a restaurant;
969 (n) a hotel;
970 (o) a lodging house;
971 (p) a streetcar;
972 (q) a bus;
973 (r) an interurban or railway passenger coach;
974 (s) a waiting room; and
975 (t) any other place of business.
976 (7) "Tobacco retailer" means:
977 (a) a general tobacco retailer as that term is defined in Section 26-62-102; and
978 (b) a retail tobacco specialty business.
979 (8) "Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled
980 with an electronic cigarette substance.
981 [
982 lighted smoking equipment.
983 (10) "Retail tobacco specialty business" means the same as that term is defined in
984 Section 26-62-102.
985 Section 17. Section 76-10-103 (Effective 07/01/20) is amended to read:
986 76-10-103 (Effective 07/01/20). Permitting minors to use a cigar, cigarette, an
987 electronic cigarette product, or tobacco in place of business.
988 It is a class C misdemeanor for the proprietor of any place of business to knowingly
989 permit an individual under [
990 while the individual is using [
991 tobacco in any form.
992 [
993 [
994 Section 18. Section 76-10-104 (Effective 07/01/20) is amended to read:
995 76-10-104 (Effective 07/01/20). Providing a cigar, cigarette, electronic cigarette,
996 or tobacco to a minor -- Penalties.
997 [
998
999
1000
1001
1002 [
1003 [
1004 [
1005 (a) includes selling, giving, furnishing, sending, or causing to be sent; and
1006 (b) does not include the acts of the United States Postal Service or other common
1007 carrier when engaged in the business of transporting and delivering packages for others or the
1008 acts of a person, whether compensated or not, who transports or delivers a package for another
1009 person without any reason to know of the package's content.
1010 (2) An individual who knowingly, intentionally, recklessly, or with criminal negligence
1011 provides a cigar, a cigarette, an electronic cigarette product, or tobacco in any form to an
1012 individual who is under 21 years old, is guilty of:
1013 (a) a class C misdemeanor on the first offense;
1014 (b) a class B misdemeanor on the second offense; and
1015 (c) a class A misdemeanor on any subsequent offense.
1016 (3) This section does not apply to conduct of an employee of a tobacco retailer that is a
1017 violation of Section 76-10-114.
1018 Section 19. Section 76-10-104.1 (Effective 07/01/20) is amended to read:
1019 76-10-104.1 (Effective 07/01/20). Providing tobacco paraphernalia to minors --
1020 Penalties.
1021 (1) [
1022 (a) "Provides":
1023 (i) includes selling, giving, furnishing, sending, or causing to be sent; and
1024 (ii) does not include the acts of the United States Postal Service or other common
1025 carrier when engaged in the business of transporting and delivering packages for others or the
1026 acts of a person, whether compensated or not, who transports or delivers a package for another
1027 person without any reason to know of the package's content.
1028 (b) "Tobacco paraphernalia":
1029 (i) means equipment, product, or material of any kind that is used, intended for use, or
1030 designed for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise
1031 introduce a cigar, a cigarette, an electronic cigarette product, or tobacco in any form into the
1032 human body, including:
1033 (A) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
1034 screens, permanent screens, hashish heads, or punctured metal bowls;
1035 (B) water pipes;
1036 (C) carburetion tubes and devices;
1037 (D) smoking and carburetion masks;
1038 (E) roach clips, meaning objects used to hold burning material, such as a cigarette, that
1039 has become too small or too short to be held in the hand;
1040 (F) chamber pipes;
1041 (G) carburetor pipes;
1042 (H) electric pipes;
1043 (I) air-driven pipes;
1044 (J) chillums;
1045 (K) bongs; and
1046 (L) ice pipes or chillers; and
1047 (ii) does not include matches or lighters.
1048 (2) (a) It is unlawful for [
1049 recklessly, or with criminal negligence provide tobacco paraphernalia to an individual under[
1050
1051
1052 (b) [
1053 (i) a class C misdemeanor on the first offense; and
1054 (ii) a class B misdemeanor on any subsequent [
1055 Section 20. Section 76-10-105 (Effective 07/01/20) is amended to read:
1056 76-10-105 (Effective 07/01/20). Buying or possessing a cigar, cigarette, electronic
1057 cigarette, or tobacco by a minor -- Penalty -- Compliance officer authority -- Juvenile
1058 court jurisdiction.
1059 (1) [
1060
1061 individual's possession any cigar, cigarette, electronic cigarette product, or tobacco in any form
1062 is:
1063 (a) guilty of an infraction; and
1064 (b) subject to:
1065 (i) a minimum fine or penalty of $60; and
1066 (ii) participation in a court-approved tobacco education or cessation program, which
1067 may include a participation fee.
1068 [
1069 [
1070 [
1071 (2) (a) An individual who is under [
1072 to buy, accepts, or has in the individual's possession any cigar, cigarette, electronic cigarette
1073 product, or tobacco in any form is subject to the jurisdiction of the juvenile court and subject to
1074 Section 78A-6-602, unless the violation is committed on school property.
1075 (b) If a violation under this section is adjudicated under Section 78A-6-117, the minor
1076 may be subject to the following:
1077 [
1078 [
1079 include a participation fee.
1080 (3) (a) A compliance officer appointed by a board of education under Section
1081 53G-4-402 may not issue a citation for a violation of this section committed on school
1082 property.
1083 (b) A cited violation committed on school property shall be addressed in accordance
1084 with Section 53G-8-211.
1085 [
1086
1087
1088 [
1089 [
1090
1091 [
1092
1093 Section 21. Section 76-10-105.1 (Effective 07/01/20) is amended to read:
1094 76-10-105.1 (Effective 07/01/20). Requirement of direct, face-to-face sale of
1095 cigarettes, tobacco, and electronic cigarettes -- Minors not allowed in retail tobacco
1096 specialty business -- Penalties.
1097 (1) As used in this section:
1098 (a) "Cigarette" means the same as that term is defined in Section 59-14-102.
1099 (b) (i) "Face-to-face exchange" means a transaction made in person between an
1100 individual and a retailer or retailer's employee.
1101 (ii) "Face-to-face exchange" does not include a sale through a:
1102 (A) vending machine; or
1103 (B) self-service display.
1104 (c) "Retailer" means a person who:
1105 (i) sells a cigarette, tobacco, or an electronic cigarette product to an individual for
1106 personal consumption; or
1107 (ii) operates a facility with a vending machine that sells a cigarette, tobacco, or an
1108 electronic cigarette product.
1109 (d) "Self-service display" means a display of a cigarette, tobacco, or an electronic
1110 cigarette product to which the public has access without the intervention of a retailer or
1111 retailer's employee.
1112 (e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
1113 [
1114
1115 [
1116 [
1117 (2) Except as provided in Subsection (3), a retailer may sell a cigarette, tobacco, or an
1118 electronic cigarette product only in a face-to-face exchange.
1119 (3) The face-to-face sale requirement in Subsection (2) does not apply to:
1120 (a) a mail-order, telephone, or Internet sale made in compliance with Section
1121 59-14-509;
1122 (b) a sale from a vending machine or self-service display that is located in an area of a
1123 retailer's facility:
1124 (i) that is distinct and separate from the rest of the facility; and
1125 (ii) where the retailer only allows an individual who complies with Subsection (4) to be
1126 present; or
1127 (c) a sale at a retail tobacco specialty [
1128 (4) [
1129 21 years old may not enter or be present at a [
1130 business unless the individual is:
1131 [
1132 [
1133 commercial purpose other than to purchase a cigarette, tobacco, or an electronic cigarette[
1134 product.
1135 [
1136
1137 [
1138 [
1139 [
1140 (5) A parent or legal guardian who accompanies, under Subsection (4)(a)(i), an
1141 individual into an area described in Subsection (3)(b)[
1142 tobacco specialty business, may not allow the individual to purchase a cigarette, tobacco, or an
1143 electronic cigarette product.
1144 (6) A violation of Subsection (2) or (4) is a:
1145 (a) class C misdemeanor on the first offense;
1146 (b) class B misdemeanor on the second offense; and
1147 (c) class A misdemeanor on [
1148 (7) An individual who violates Subsection (5) is guilty of [
1149
1150 (8) (a) An ordinance, regulation, or rule adopted by the governing body of a political
1151 subdivision of the state or by a state agency that affects the sale, minimum age of sale,
1152 placement, or display of cigarettes, tobacco, or electronic [
1153 not essentially identical to this section and Section 76-10-102 is superseded.
1154 (b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use
1155 ordinance by a municipal or county government.
1156 Section 22. Section 76-10-113 is enacted to read:
1157 76-10-113. Unlawful transfer or use of proof of age.
1158 (1) As used in this section:
1159 (a) "Proof of age" means:
1160 (i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
1161 Card Act;
1162 (ii) a valid identification that:
1163 (A) is substantially similar to an identification card issued under Title 53, Chapter 3,
1164 Part 8, Identification Card Act;
1165 (B) is issued in accordance with the laws of a state other than Utah in which the
1166 identification is issued;
1167 (C) includes date of birth; and
1168 (D) has a picture affixed;
1169 (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
1170 Driver License Act, or in accordance with the laws of the state in which the valid driver license
1171 is issued;
1172 (iv) a valid United States military identification card that:
1173 (A) includes date of birth; and
1174 (B) has a picture affixed; or
1175 (v) a valid passport.
1176 (b) "Proof of age" does not include a driving privilege card issued in accordance with
1177 Section 53-3-207.
1178 (2) An individual who knowingly and intentionally transfers that individual's proof of
1179 age to another individual to aid that individual in purchasing a cigar, a cigarette, an electronic
1180 cigarette product, or tobacco in any form, or in gaining admittance to any part of the premises
1181 of a retail tobacco specialty business, is guilty of a class B misdemeanor.
1182 (3) An individual who knowingly and intentionally uses proof of age containing false
1183 information with the intent to purchase a cigar, a cigarette, an electronic cigarette product, or
1184 tobacco in any form, or to gain admittance to any part of the premises of a retail tobacco
1185 specialty business, is guilty of a class A misdemeanor.
1186 Section 23. Section 76-10-114 is enacted to read:
1187 76-10-114. Unlawful sale of a tobacco product or electronic cigarette product.
1188 (1) As used in this section:
1189 (a) "Compensatory service" means service or unpaid work performed by an employee,
1190 in lieu of the payment of a fine or imprisonment.
1191 (b) "Employee" means an employee or an owner of a tobacco retailer.
1192 (2) It is unlawful for an employee to knowingly or intentionally sell or give a cigar, a
1193 cigarette, an electronic cigarette product, or tobacco in any form in the course of business to an
1194 individual who is under 21 years old.
1195 (3) An employee who violates this section is:
1196 (a) on a first violation, subject to:
1197 (i) a fine not exceeding $1,000; or
1198 (ii) compensatory service;
1199 (b) on any subsequent violation:
1200 (i) guilty of a class C misdemeanor; and
1201 (ii) subject to:
1202 (A) a fine not exceeding $2,000; or
1203 (B) compensatory service.
1204 Section 24. Section 77-39-101 (Effective 07/01/20) is amended to read:
1205 77-39-101 (Effective 07/01/20). Investigation of sales of alcohol, tobacco, and
1206 electronic cigarettes to underage individuals.
1207 (1) As used in this section, [
1208 means the same as that term is defined in Section 76-10-101.
1209 (2) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer
1210 Classifications, may investigate the possible violation of:
1211 (i) Section 32B-4-403 by requesting an individual under 21 years old to enter into and
1212 attempt to purchase or make a purchase of alcohol from a retail establishment; or
1213 (ii) Section [
1214
1215 from a retail establishment of:
1216 (A) a cigar;
1217 (B) a cigarette;
1218 (C) tobacco in any form; or
1219 (D) an electronic cigarette product.
1220 (b) A peace officer who is present at the site of a proposed purchase shall direct,
1221 supervise, and monitor the individual requested to make the purchase.
1222 (c) Immediately following a purchase or attempted purchase or as soon as practical the
1223 supervising peace officer shall inform the cashier and the proprietor or manager of the retail
1224 establishment that the attempted purchaser was under the legal age to purchase:
1225 (i) alcohol; or
1226 (ii) (A) a cigar;
1227 (B) a cigarette;
1228 (C) tobacco in any form; or
1229 (D) an electronic cigarette product.
1230 (d) If a citation or information is issued, [
1231 within seven days of the purchase.
1232 [
1233 [
1234 [
1235 (3) (a) If an individual under [
1236 purchase, a written consent of that individual's parent or guardian shall be obtained prior to that
1237 individual participating in any attempted purchase.
1238 (b) An individual requested by the peace officer to attempt a purchase may:
1239 (i) be a trained volunteer; or
1240 (ii) receive payment, but may not be paid based on the number of successful purchases
1241 of alcohol, tobacco, or an electronic cigarette product.
1242 (4) The individual requested by the peace officer to attempt a purchase and anyone
1243 accompanying the individual attempting a purchase may not during the attempted purchase
1244 misrepresent the age of the individual by false or misleading identification documentation in
1245 attempting the purchase.
1246 (5) An individual requested to attempt to purchase or make a purchase pursuant to this
1247 section is immune from prosecution, suit, or civil liability for the purchase of, attempted
1248 purchase of, or possession of alcohol, a cigar, a cigarette, tobacco in any form, or an electronic
1249 cigarette product if a peace officer directs, supervises, and monitors the individual.
1250 (6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this section
1251 shall be conducted[
1252 [
1253 [
1254
1255 [
1256 [
1257 [
1258 [
1259 [
1260 [
1261 (i) on a random basis at any one retail establishment location, not more often than four
1262 times for the attempted purchase of alcohol; and
1263 (ii) a minimum of two times at a retail establishment that sells cigars, cigarettes,
1264 tobacco in any form, or electronic cigarette products, for the attempted purchase of:
1265 (A) a cigar;
1266 (B) a cigarette;
1267 (C) tobacco in any form; or
1268 (D) an electronic cigarette product.
1269 (b) This section does not prohibit an investigation or an attempt to purchase tobacco
1270 under this section if:
1271 (i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
1272 cigar, a cigarette, tobacco in any form, or an electronic cigarette product to an individual under
1273 the age established by Section 32B-4-403 or [
1274 (ii) the supervising peace officer makes a written record of the grounds for the
1275 reasonable suspicion.
1276 (7) (a) The peace officer exercising direction, supervision, and monitoring of the
1277 attempted purchase shall make a report of the attempted purchase, whether or not a purchase
1278 was made.
1279 (b) The report required by this Subsection (7) shall include:
1280 (i) the name of the supervising peace officer;
1281 (ii) the name of the individual attempting the purchase;
1282 (iii) a photograph of the individual attempting the purchase showing how that
1283 individual appeared at the time of the attempted purchase;
1284 (iv) the name and description of the cashier or proprietor from whom the individual
1285 attempted the purchase;
1286 (v) the name and address of the retail establishment; and
1287 (vi) the date and time of the attempted purchase.
1288 Section 25. Effective date.
1289 This bill takes effect on July 1, 2020.