1
2
3
4
5
6 Cosponsors:
7 Cheryl K. Acton
8 Carl R. Albrecht
9 Kyle R. Andersen
10 Patrice M. Arent
11 Brady Brammer
12 Joel K. Briscoe
13 Walt Brooks
14 Scott H. Chew
15 Steve R. Christiansen
16 Kay J. Christofferson
17 Jennifer Dailey-Provost
18 Brad M. Daw
19 Susan Duckworth
20 Joel Ferry
21 Craig Hall
22 Stephen G. Handy
Suzanne Harrison
Sandra Hollins
Dan N. Johnson
Marsha Judkins
Brian S. King
Karen Kwan
Karianne Lisonbee
Kelly B. Miles
Carol Spackman Moss
Calvin R. Musselman
Merrill F. Nelson
Derrin R. Owens
Lee B. Perry
Candice B. Pierucci
Marie H. Poulson
Susan Pulsipher
Adam Robertson
Angela Romero
Rex P. Shipp
Lawanna Shurtliff
V. Lowry Snow
Robert M. Spendlove
Jeffrey D. Stenquist
Andrew Stoddard
Keven J. Stratton
Steve Waldrip
Raymond P. Ward
Christine F. Watkins
Elizabeth Weight
Mark A. Wheatley
Logan Wilde
Brad R. Wilson
Mike Winder
23
24 LONG TITLE
25 General Description:
26 This bill amends provisions related to tobacco products and electronic cigarettes.
27 Highlighted Provisions:
28 This bill:
29 ▸ defines terms related to electronic cigarettes and tobacco retailers;
30 ▸ modifies the definition of a retail tobacco specialty business to include a business
31 that appears to be a retail tobacco specialty business or sells a flavored electronic
32 cigarette product;
33 ▸ amends permit violations for tobacco retailers;
34 ▸ creates requirements regarding verification of age for retail tobacco specialty
35 businesses;
36 ▸ authorizes regulation and testing of manufacturer sealed electronic substances;
37 ▸ requires a tobacco retailer to maintain certain records;
38 ▸ provides that a retail tobacco specialty shop may not be located within 1,000 feet of
39 a school or community college;
40 ▸ creates civil penalties for a retail tobacco specialty business that allows an
41 individual under 21 years old in certain circumstances to gain access to the premises
42 of the business or to purchase a tobacco product or an electronic cigarette product;
43 ▸ increases the minimum age for obtaining, possessing, using, providing, or
44 furnishing tobacco products and paraphernalia and electronic cigarette products to
45 21 years old;
46 ▸ prohibits a manufacturer, wholesaler, or retailer from providing certain discounts or
47 giveaways for electronic cigarette products;
48 ▸ makes it a crime to fraudulently use or transfer proof of age to gain access to a retail
49 tobacco specialty business or to purchase a tobacco product or electronic cigarette
50 product;
51 ▸ makes it a crime for an employee of a retail tobacco specialty business to allow an
52 individual under 21 years old to purchase a tobacco product or an electronic
53 cigarette product;
54 ▸ amends the number of times that a peace officer must conduct an investigation of a
55 retail shop for underage tobacco sales;
56 ▸ preempts certain ordinances, rules, and regulations on tobacco products, electronic
57 cigarette products, and tobacco paraphernalia; and
58 ▸ makes technical and conforming changes.
59 Money Appropriated in this Bill:
60 None
61 Other Special Clauses:
62 This bill provides a special effective date.
63 Utah Code Sections Affected:
64 AMENDS:
65 10-8-41.6, as last amended by Laws of Utah 2018, Chapter 231
66 10-8-47 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
67 17-50-333, as last amended by Laws of Utah 2018, Chapter 231
68 26-57-103, as enacted by Laws of Utah 2015, Chapter 132
69 26-62-102, as renumbered and amended by Laws of Utah 2018, Chapter 231
70 26-62-205 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
71 26-62-304 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
72 26-62-305 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
73 51-9-203 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapters 136
74 and 232
75 53-3-229, as last amended by Laws of Utah 2010, Chapters 114 and 276
76 53-3-810, as last amended by Laws of Utah 2010, Chapters 114 and 276
77 53G-8-209, as last amended by Laws of Utah 2019, Chapter 293
78 59-14-703 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
79 76-8-311.3, as last amended by Laws of Utah 2010, Chapter 114
80 76-10-101, as last amended by Laws of Utah 2015, Chapters 66, 132 and last amended
81 by Coordination Clause, Laws of Utah 2015, Chapter 132
82 76-10-103 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
83 76-10-104 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
84 76-10-104.1 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
85 76-10-105 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
86 76-10-105.1 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
87 76-10-112, as enacted by Laws of Utah 1989, Chapter 193
88 77-39-101 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
89 ENACTS:
90 26-62-206, Utah Code Annotated 1953
91 26-62-401, Utah Code Annotated 1953
92 26-62-402, Utah Code Annotated 1953
93 76-10-113, Utah Code Annotated 1953
94 76-10-114, Utah Code Annotated 1953
95 76-10-115, Utah Code Annotated 1953
96
97 Be it enacted by the Legislature of the state of Utah:
98 Section 1. Section 10-8-41.6 is amended to read:
99 10-8-41.6. Regulation of retail tobacco specialty business.
100 (1) As used in this section:
101 (a) "Community location" means:
102 (i) a public or private kindergarten, elementary, middle, junior high, or high school;
103 (ii) a licensed child-care facility or preschool;
104 (iii) a trade or technical school;
105 (iv) a church;
106 (v) a public library;
107 (vi) a public playground;
108 (vii) a public park;
109 (viii) a youth center or other space used primarily for youth oriented activities;
110 (ix) a public recreational facility;
111 (x) a public arcade; or
112 (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
113 (b) "Department" means the Department of Health, created in Section 26-1-4.
114 (c) "Electronic cigarette product" means the same as that term is defined in Section
115 76-10-101.
116 (d) (i) "Flavored electronic cigarette product" means an electronic cigarette product
117 that has a taste or smell that is distinguishable by an ordinary consumer either before or during
118 use or consumption of the electronic cigarette product.
119 (ii) "Flavored electronic cigarette product" includes an electronic cigarette product that
120 has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
121 beverage, herb, or spice.
122 (iii) "Flavored electronic cigarette product" does not include an electronic cigarette
123 product that:
124 (A) has a taste or smell of only tobacco, mint, or menthol; or
125 (B) has been approved by an order granting a premarket tobacco product application of
126 the electronic cigarette product by the United States Food and Drug Administration under 21
127 U.S.C. Sec. 387j(c)(1)(A)(i).
128 [
129 26A-1-102.
130 [
131 a retail tobacco specialty business.
132 [
133 which:
134 (i) the sale of tobacco products accounts for more than 35% of the total quarterly gross
135 receipts for the establishment;
136 (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
137 storage of tobacco products;
138 (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
139 tobacco products; [
140 (iv) the commercial establishment:
141 (A) holds itself out as a retail tobacco specialty business; and
142 (B) causes a reasonable person to believe the commercial establishment is a retail
143 tobacco specialty business;
144 (v) any flavored electronic cigarette product is sold; or
145 [
146 [
147 76-10-105.1.
148 [
149 [
150
151 [
152 76-10-101;
153 [
154 [
155
156 (ii) an electronic cigarette product; or
157 (iii) tobacco paraphernalia, as that term is defined in Section [
158 (2) The regulation of a retail tobacco specialty business is an exercise of the police
159 powers of the state[
160 powers to other governmental entities.
161 (3) (a) A person may not operate a retail tobacco specialty business in a municipality
162 unless the person obtains a license from the municipality in which the retail tobacco specialty
163 business is located.
164 (b) A municipality may only issue a retail tobacco specialty business license to a
165 person if the person complies with the provisions of Subsections (4) and (5).
166 (4) (a) Except as provided in Subsection (7), a municipality may not issue a license for
167 a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
168 business is located within:
169 (i) 1,000 feet of a community location;
170 (ii) 600 feet of another retail tobacco specialty business; or
171 (iii) 600 feet from property used or zoned for:
172 (A) agriculture use; or
173 (B) residential use.
174 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
175 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
176 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
177 to intervening structures or zoning districts.
178 (5) (a) Except as provided in Subsection (5)(b), beginning July 1, 2018, a municipality
179 may not issue or renew a license for a person to conduct business as a retail tobacco specialty
180 business until the person provides the municipality with proof that the retail tobacco specialty
181 business has:
182 (i) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
183 62, Tobacco Retail Permit, by the local health department having jurisdiction over the area in
184 which the retail tobacco specialty business is located; and
185 (ii) a valid license to sell tobacco products from the State Tax Commission.
186 (b) A person that was licensed to conduct business as a retail tobacco specialty
187 business in a municipality before July 1, 2018, shall obtain a permit from a local health
188 department under Title 26, Chapter 62, Tobacco Retail Permit, on or before January 1, 2019.
189 (6) (a) Nothing in this section:
190 (i) requires a municipality to issue a retail tobacco specialty business license; or
191 (ii) prohibits a municipality from adopting more restrictive requirements on a person
192 seeking a license or renewal of a license to conduct business as a retail tobacco specialty
193 business.
194 (b) A municipality may suspend or revoke a retail tobacco specialty business license
195 issued under this section:
196 (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
197 Part 16, Pattern of Unlawful Activity Act;
198 (ii) if a licensee violates [
199 the sale and distribution of [
200 children and adolescents [
201
202 (iii) upon the recommendation of the department or a local health department under
203 Title 26, Chapter 62, Tobacco Retail Permit; or
204 (iv) under any other provision of state law or local ordinance.
205 (7) (a) [
206 retail tobacco specialty business that has a business license and is operating in a municipality in
207 accordance with all applicable laws except for the requirement in Subsection (4), on or before
208 December 31, 2015, is exempt from Subsection (4).
209 (b) A retail tobacco specialty business may maintain an exemption under Subsection
210 (7)(a) if:
211 (i) the retail tobacco specialty business license is renewed continuously without lapse
212 or permanent revocation;
213 (ii) the retail tobacco specialty business does not close for business or otherwise
214 suspend the sale of tobacco products for more than 60 consecutive days;
215 (iii) the retail tobacco specialty business does not substantially change the business
216 premises or business operation; and
217 (iv) the retail tobacco specialty business maintains the right to operate under the terms
218 of other applicable laws, including:
219 (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
220 (B) zoning ordinances;
221 (C) building codes; and
222 (D) the requirements of a retail tobacco specialty business license issued before
223 December 31, 2015.
224 (8) Beginning August 15, 2020, a retail tobacco specialty business that has a business
225 license and is operating in a municipality may not be located within 1,000 feet of any school or
226 a community college described in Subsection 53B-16-101(1)(b)(iii).
227 Section 2. Section 10-8-47 (Effective 07/01/20) is amended to read:
228 10-8-47 (Effective 07/01/20). Intoxication -- Fights -- Disorderly conduct --
229 Assault and battery -- Petit larceny -- Riots and disorderly assemblies -- Firearms and
230 fireworks -- False pretenses and embezzlement -- Sale of liquor, narcotics, or tobacco to
231 minors -- Possession of controlled substances -- Treatment of alcoholics and narcotics or
232 drug addicts.
233 (1) A municipal legislative body may:
234 (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
235 bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
236 battery and petit larceny;
237 (b) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
238 house, or place in the city;
239 (c) regulate and prevent the discharge of firearms, rockets, powder, fireworks in
240 accordance with Section 53-7-225, or any other dangerous or combustible material;
241 (d) provide against and prevent the offense of obtaining money or property under false
242 pretenses and the offense of embezzling money or property in the cases when the money or
243 property embezzled or obtained under false pretenses does not exceed in value the sum of
244 $500;
245 (e) prohibit the sale, giving away, or furnishing of narcotics or alcoholic beverages to
246 an individual younger than 21 years old; or
247 (f) prohibit the sale, giving away, or furnishing of [
248 product or an electronic cigarette product, as those terms are defined in Section 10-8-41.6, to
249 an individual younger than[
250
251 (2) A city may:
252 (a) by ordinance, prohibit the possession of controlled substances as defined in the
253 Utah Controlled Substances Act or any other endangering or impairing substance, provided the
254 conduct is not a class A misdemeanor or felony; and
255 (b) provide for treatment of alcoholics, narcotic addicts, and other individuals who are
256 addicted to the use of drugs or intoxicants such that an individual substantially lacks the
257 capacity to control the individual's use of the drugs or intoxicants, and judicial supervision may
258 be imposed as a means of effecting the individual's rehabilitation.
259 Section 3. Section 17-50-333 is amended to read:
260 17-50-333. Regulation of retail tobacco specialty business.
261 (1) As used in this section:
262 (a) "Community location" means:
263 (i) a public or private kindergarten, elementary, middle, junior high, or high school;
264 (ii) a licensed child-care facility or preschool;
265 (iii) a trade or technical school;
266 (iv) a church;
267 (v) a public library;
268 (vi) a public playground;
269 (vii) a public park;
270 (viii) a youth center or other space used primarily for youth oriented activities;
271 (ix) a public recreational facility;
272 (x) a public arcade; or
273 (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
274 (b) "Department" means the Department of Health, created in Section 26-1-4.
275 (c) "Electronic cigarette product" means the same as that term is defined in Section
276 76-10-101.
277 (d) (i) "Flavored electronic cigarette product" means an electronic cigarette product
278 that has a taste or smell that is distinguishable by an ordinary consumer either before or during
279 use or consumption of the electronic cigarette product.
280 (ii) "Flavored electronic cigarette product" includes an electronic cigarette product that
281 has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
282 beverage, herb, or spice.
283 (iii) "Flavored electronic cigarette product" does not include an electronic cigarette
284 product that:
285 (A) has a taste or smell of only tobacco, mint, or menthol; or
286 (B) has been approved by an order granting a premarket tobacco product application of
287 the electronic cigarette product by the United States Food and Drug Administration under 21
288 U.S.C. Sec. 387j(c)(1)(A)(i).
289 [
290 retail tobacco specialty business.
291 [
292 26A-1-102.
293 [
294 which:
295 (i) the sale of tobacco products accounts for more than 35% of the total quarterly gross
296 receipts for the establishment;
297 (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
298 storage of tobacco products;
299 (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
300 tobacco products; [
301 (iv) the commercial establishment:
302 (A) holds itself out as a retail tobacco specialty business; and
303 (B) causes a reasonable person to believe the commercial establishment is a retail
304 tobacco specialty business;
305 (v) any flavored electronic cigarette product is sold; or
306 [
307 [
308 76-10-105.1.
309 [
310 [
311
312 [
313 76-10-101;
314 [
315 [
316
317 (ii) an electronic cigarette product; or
318 (iii) tobacco paraphernalia, as that term is defined in Section [
319 (2) The regulation of a retail tobacco specialty business is an exercise of the police
320 powers of the state[
321 police power to other governmental entities.
322 (3) (a) A person may not operate a retail tobacco specialty business in a county unless
323 the person obtains a license from the county in which the retail tobacco specialty business is
324 located.
325 (b) A county may only issue a retail tobacco specialty business license to a person if
326 the person complies with the provisions of Subsections (4) and (5).
327 (4) (a) Except as provided in Subsection (7), a county may not issue a license for a
328 person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
329 business is located within:
330 (i) 1,000 feet of a community location;
331 (ii) 600 feet of another retail tobacco specialty business; or
332 (iii) 600 feet from property used or zoned for:
333 (A) agriculture use; or
334 (B) residential use.
335 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
336 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
337 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
338 to intervening structures or zoning districts.
339 (5) (a) Except as provided in Subsection (5)(b), beginning July 1, 2018, a county may
340 not issue or renew a license for a person to conduct business as a retail tobacco specialty
341 business until the person provides the county with proof that the retail tobacco specialty
342 business has:
343 (i) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
344 62, Tobacco Retail Permit, by the local health department having jurisdiction over the area in
345 which the retail tobacco specialty business is located; and
346 (ii) a valid license to sell tobacco products from the State Tax Commission.
347 (b) A person that was licensed to conduct business as a retail tobacco specialty
348 business in a county before July 1, 2018, shall obtain a permit from a local health department
349 under Title 26, Chapter 62, Tobacco Retail Permit, on or before January 1, 2019.
350 (6) (a) Nothing in this section:
351 (i) requires a county to issue a retail tobacco specialty business license; or
352 (ii) prohibits a county from adopting more restrictive requirements on a person seeking
353 a license or renewal of a license to conduct business as a retail tobacco specialty business.
354 (b) A county may suspend or revoke a retail tobacco specialty business license issued
355 under this section:
356 (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
357 Part 16, Pattern of Unlawful Activity Act;
358 (ii) if a licensee violates [
359 the sale and distribution of [
360 children and adolescents [
361
362 (iii) upon the recommendation of the department or a local health department under
363 Title 26, Chapter 62, Tobacco Retail Permit; or
364 (iv) under any other provision of state law or local ordinance.
365 (7) (a) [
366 retail tobacco specialty business that has a business license and is operating in a county in
367 accordance with all applicable laws except for the requirement in Subsection (4), on or before
368 December 31, 2015, is exempt from Subsection (4).
369 (b) A retail tobacco specialty business may maintain an exemption under Subsection
370 (7)(a) if:
371 (i) the retail tobacco specialty business license is renewed continuously without lapse
372 or permanent revocation;
373 (ii) the retail tobacco specialty business does not close for business or otherwise
374 suspend the sale of tobacco products for more than 60 consecutive days;
375 (iii) the retail tobacco specialty business does not substantially change the business
376 premises or business operation; and
377 (iv) the retail tobacco specialty business maintains the right to operate under the terms
378 of other applicable laws, including:
379 (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
380 (B) zoning ordinances;
381 (C) building codes; and
382 (D) the requirements of a retail tobacco specialty business license issued before
383 December 31, 2015.
384 (8) Beginning August 15, 2020, a retail tobacco specialty business that has a business
385 license and is operating in a county may not be located within 1,000 feet of any school or a
386 community college described in Subsection 53B-16-101(1)(b)(iii).
387 Section 4. Section 26-57-103 is amended to read:
388 26-57-103. Electronic cigarette products -- Labeling -- Manufacturing and
389 quality control standards -- Advertising.
390 (1) The department shall, in consultation with a local health department, as defined in
391 Section 26A-1-102, and with input from members of the public, establish[
392
393 Rulemaking Act, the standards for electronic cigarette substance:
394 (a) labeling;
395 (b) nicotine content;
396 (c) packaging; and
397 (d) product quality.
398 [
399
400 (2) On or before January 1, 2021, the department shall, in consultation with a local
401 health department, as defined in Section 26A-1-102, and with input from members of the
402 public, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
403 Rulemaking Act, the standards for manufacturer sealed electronic cigarette substance:
404 (a) labeling;
405 (b) nicotine content;
406 (c) packaging; and
407 (d) product quality.
408 (3) (a) [
409 substance unless the electronic cigarette substance complies with the standards established by
410 the department under Subsection (1).
411 (b) Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic
412 cigarette substance unless the manufacturer sealed electronic cigarette substance complies with
413 the standards established by the department under Subsection (2).
414 (4) (a) [
415 regulation regarding electronic cigarette substance labeling, nicotine content, packaging, or
416 product quality that is not identical to the standards established by the department under
417 [
418 (b) Except as provided in Subsection (4)(c), a local health department may enact a rule
419 or regulation regarding electronic cigarette substance manufacturing.
420 (c) A local health department may not enact a rule or regulation regarding a
421 manufacturer sealed electronic cigarette substance.
422 (5) [
423 product:
424 (a) as a tobacco cessation device;
425 (b) if the person is not licensed to sell an electronic cigarette product under Section
426 59-14-803; or
427 (c) during a period of time when the person's license to sell an electronic cigarette
428 product under Section 59-14-803 has been suspended or revoked.
429 Section 5. Section 26-62-102 is amended to read:
430 26-62-102. Definitions.
431 As used in this chapter:
432 (1) "Community location" means the same as that term is defined:
433 (a) as it relates to a municipality, in Section 10-8-41.6; and
434 (b) as it relates to a county, in Section 17-50-333.
435 (2) "Employee" means an employee of a tobacco retailer.
436 (3) "Enforcing agency" means the state Department of Health, or any local health
437 department enforcing the provisions of this chapter.
438 (4) "General tobacco retailer" means a tobacco retailer that is not a retail tobacco
439 specialty business.
440 (5) "Local health department" means the same as that term is defined in Section
441 26A-1-102.
442 (6) "Owner" means a person holding a 20% ownership interest in the business that is
443 required to obtain an permit under this chapter.
444 [
445 (8) (a) "Proof of age" means:
446 (i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
447 Card Act;
448 (ii) a valid identification that:
449 (A) is substantially similar to an identification card issued under Title 53, Chapter 3,
450 Part 8, Identification Card Act;
451 (B) is issued in accordance with the laws of a state other than Utah in which the
452 identification is issued;
453 (C) includes date of birth; and
454 (D) has a picture affixed;
455 (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
456 Driver License Act, or in accordance with the laws of the state in which the valid driver license
457 is issued;
458 (iv) a valid United States military identification card that:
459 (A) includes date of birth; and
460 (B) has a picture affixed; or
461 (v) a valid passport.
462 (b) "Proof of age" does not include a valid driving privilege card issued in accordance
463 with Section 53-3-207.
464 [
465 (a) as it relates to a municipality, in Section 10-8-41.6; and
466 (b) as it relates to a county, in Section 17-50-333.
467 [
468 Commission under:
469 (a) Section 59-14-201 to sell cigarettes at retail;
470 (b) Section 59-14-301 to sell tobacco products at retail; or
471 (c) Section 59-14-803 to sell an electronic cigarette product.
472 [
473 [
474
475 [
476 76-10-101;
477 [
478 [
479
480 (b) an electronic cigarette product, as that term is defined in Section 76-10-101; or
481 (c) tobacco paraphernalia, as that term is defined in Section [
482 [
483 commission license.
484 Section 6. Section 26-62-205 (Effective 07/01/20) is amended to read:
485 26-62-205 (Effective 07/01/20). Permit requirements for a retail tobacco specialty
486 business.
487 A retail tobacco specialty business shall:
488 (1) electronically verify proof of age for any individual that enters the premises of the
489 business in accordance with Part 4, Proof of Age Requirements;
490 [
491 entering the business if the individual is[
492
493 [
494 public entrance of the business that communicates:
495 (a) the prohibition on the presence of an individual under 21 years old in a retail
496 tobacco specialty business in Subsection 76-10-105.1(4); and
497 (b) the prohibition on the sale of tobacco products to an individual under 21 years old
498 as described in Sections 76-10-104, 76-10-104.1, 76-10-105.1, and 76-10-114.
499 Section 7. Section 26-62-206 is enacted to read:
500 26-62-206. Permit requirements for the sale of tobacco products.
501 (1) A tobacco retailer shall:
502 (a) provide the customer with an itemized receipt for each sale of a tobacco product
503 that separately identifies:
504 (i) the name of the tobacco product;
505 (ii) the amount charged for each tobacco product; and
506 (iii) the time and date of the sale; and
507 (b) maintain an itemized transaction log for each sale of a tobacco product that
508 separately identifies:
509 (i) the name of the tobacco product;
510 (ii) the amount charged for each tobacco product; and
511 (iii) the date and time of the sale.
512 (2) The itemized transaction log described in Subsection (1)(b) shall be:
513 (a) maintained for at least one year after the date of each transaction in the itemized
514 transaction log; and
515 (b) made available to an enforcing agency or a peace officer at the request of the
516 enforcing agency or the peace officer that is no less restrictive than the provisions in this part.
517 Section 8. Section 26-62-304 (Effective 07/01/20) is amended to read:
518 26-62-304 (Effective 07/01/20). Hearing -- Evidence of criminal conviction.
519 (1) At a civil hearing conducted under Section 26-62-302, evidence of the final
520 criminal conviction of a tobacco retailer or employee for violation of Section [
521 76-10-114 at the same location and within the same time period as the location and time period
522 alleged in the civil hearing for violation of this chapter for sale of tobacco products to an
523 individual under [
524 chapter[
525 [
526 [
527 (2) If the tobacco retailer is convicted of violating Section [
528 enforcing agency:
529 (a) may not assess an additional monetary penalty under this chapter for the same
530 offense for which the conviction was obtained; and
531 (b) may revoke or suspend a permit in accordance with Section 26-62-305 or
532 26-62-402.
533 Section 9. Section 26-62-305 (Effective 07/01/20) is amended to read:
534 26-62-305 (Effective 07/01/20). Penalties.
535 (1) (a) If[
536
537 that a person has violated the terms of a permit issued under this chapter, the enforcing agency
538 may impose the penalties described in this section.
539 (b) If multiple violations are found in a single inspection by an enforcing agency or
540 investigation[
541
542 enforcing agency shall treat the multiple violations as one single violation under Subsections
543 (2), (3), and (4).
544 (2) Except as provided in Subsection (3) and Section 26-62-402, if a violation is found
545 in an inspection by an enforcing agency or an investigation by a law enforcement agency under
546 Section 77-39-101, the enforcing agency shall:
547 (a) on a first violation at a retail location [
548 $500[
549 (b) [
550 that occurs within one year of a previous violation [
551 $750[
552 (c) [
553 retail location that occurs within two years after two [
554 (i) a suspension of the [
555 within 60 days after the day on which the third [
556 (ii) a penalty of [
557 [
558 [
559
560 [
561
562 [
563 [
564 [
565
566 (d) on a fourth or subsequent violation within two years of three previous violations:
567 (i) impose a penalty of no more than $1,000;
568 (ii) revoke a permit of the retailer; and
569 (iii) if applicable, recommend to a municipality or county that a retail tobacco specialty
570 business license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.
571 (3) If a violation is found in an investigation of a general tobacco retailer by a law
572 enforcement agency under Section 77-39-101 for the sale of a tobacco product to an individual
573 under 21 years old and the violation is committed by the owner of the general tobacco retailer,
574 the enforcing agency shall:
575 (a) on a first violation, impose a fine of no more than $2,000 on the general tobacco
576 retailer; and
577 (b) on the second violation for the same general tobacco retailer within one year of the
578 first violation:
579 (i) impose a fine not exceeding $5,000; and
580 (ii) revoke the permit for the general tobacco retailer.
581 (4) If a violation is found in an investigation of a retail tobacco specialty business by a
582 law enforcement agency under Section 77-39-101 for the sale of a tobacco product to an
583 individual under 21 years old, the enforcing agency shall apply the provisions of Section
584 26-62-402.
585 [
586 health department may not issue a permit to:
587 (i) a tobacco retailer for whom a permit is suspended or revoked under Subsection (2)
588 or (3) or Section 26-62-402; or
589 (ii) a tobacco retailer that has the same proprietor, director, corporate officer, partner,
590 or other holder of significant interest as another tobacco retailer for whom a permit is
591 suspended or revoked under Subsection (2) or (3) or Section 26-62-402.
592 (b) A person whose permit:
593 (i) is suspended under this section may not apply for a new permit for any other
594 tobacco retailer for a period of 12 months after the day on which an enforcing agency suspends
595 the permit; and
596 (ii) is revoked under this section or Section 26-62-402 may not apply for a new permit
597 for any tobacco retailer for a period of 24 months after the day on which an enforcing agency
598 revokes the permit.
599 [
600 Section 26-62-402 that occur at a tobacco retailer location shall stay on the record for that
601 tobacco retailer location unless:
602 (a) the tobacco retailer is transferred to a new proprietor; and
603 (b) the new proprietor provides documentation to the local health department that the
604 new proprietor is acquiring the tobacco retailer in an arm's length transaction from the previous
605 proprietor.
606 Section 10. Section 26-62-401 is enacted to read:
607
608 26-62-401. Verification of proof of age.
609 (1) As used in this section:
610 (a) "Employee" means an employee of a retail tobacco specialty business.
611 (b) "Electronic verification program" means a technology used by a retail tobacco
612 specialty business to confirm proof of age for an individual.
613 (2) A retail tobacco specialty business shall require that an employee verify proof of
614 age as provided in this section.
615 (3) To comply with Subsection (2), an employee shall:
616 (a) request the individual present proof of age; and
617 (b) verify the validity of the proof of age electronically in accordance with Subsection
618 (4).
619 (4) A retail tobacco specialty business shall use an electronic verification program to
620 assist the business in complying with the requirements of this section.
621 (5) (a) A retail tobacco specialty business may not disclose information obtained under
622 this section except as provided under this part.
623 (b) Information obtained under this section:
624 (i) shall be kept for at least 30 days; and
625 (ii) is subject to inspection upon request by a peace officer or the representative of an
626 enforcing agency.
627 (6) (a) If an employee does not verify proof of age under this section, the employee
628 may not permit an individual to:
629 (i) except as provided in Subsection (6)(b), enter a retail tobacco specialty business; or
630 (ii) purchase a tobacco product.
631 (b) In accordance with Subsection 76-10-105.1(4), an individual who is under 21 years
632 old may be permitted to enter a retail tobacco specialty business if:
633 (i) the individual is accompanied by a parent or legal guardian who provides proof of
634 age; or
635 (ii) the individual is present at the retail tobacco specialty shop for a bona fide
636 commercial purpose other than to purchase a tobacco product.
637 (7) To determine whether the individual described in Subsection (2) is 21 years old or
638 older, the following may request an individual described in Subsection (2) to present proof of
639 age:
640 (a) an employee;
641 (b) a peace officer; or
642 (c) a representative of an enforcing agency.
643 Section 11. Section 26-62-402 is enacted to read:
644 26-62-402. Penalties.
645 (1) Except as provided in Subsection (2), if a violation of this part is found in an
646 investigation of a retail tobacco specialty business by a law enforcement agency under Section
647 77-39-101, the enforcing agency shall:
648 (a) on a first violation, impose a penalty of no more than $500 on the retail tobacco
649 specialty business;
650 (b) on a second violation for the same retail tobacco specialty business that occurs
651 within one year of a previous violation, impose a penalty of no more than $750;
652 (c) on a third violation for the same retail tobacco specialty business that occurs within
653 two years of the two previous violations, impose:
654 (i) a suspension of the permit for 30 consecutive business days within 60 days after the
655 day on which the third violation occurs; or
656 (ii) a penalty of no more than $1,000; and
657 (d) on a fourth or subsequent violation within two years of the three previous
658 violations:
659 (i) impose a penalty of no more than $1,000;
660 (ii) revoke the permit of the retail tobacco specialty business; and
661 (iii) recommend to a municipality or county that a retail tobacco specialty business
662 license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.
663 (2) If a violation of this part is committed by the owner and is found in an investigation
664 of a retail tobacco specialty business by a law enforcement agency under Section 77-39-101,
665 the enforcing agency shall:
666 (a) on a first violation, impose a fine not exceeding $2,000; and
667 (b) on a second violation at the same retail tobacco specialty business within one year
668 of the first violation:
669 (i) impose a fine not exceeding $5,000;
670 (ii) revoke the retail tobacco specialty business's permit; and
671 (iii) recommend to a municipality or county that the retail tobacco specialty license
672 issued under Section 10-8-61.6 or 17-50-333 to the retail tobacco specialty business be
673 suspended or revoked.
674 (3) If multiple violations are found in a single investigation by a law enforcement
675 agency under Section 77-39-101, the enforcing agency shall treat the multiple violations as a
676 single violation.
677 Section 12. Section 51-9-203 (Effective 07/01/20) is amended to read:
678 51-9-203 (Effective 07/01/20). Requirements for tobacco and electronic cigarette
679 programs.
680 (1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
681 cessation, or control program, an organization, whether private, governmental, or
682 quasi-governmental, shall:
683 (a) submit a request to the Department of Health containing the following information:
684 (i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
685 sound management and periodic evaluation of the campaign's relevance to the intended
686 audience, particularly in campaigns directed toward youth, including audience awareness of the
687 campaign and recollection of the main message;
688 (ii) for school-based education programs to prevent and reduce youth smoking, the
689 request shall describe how the program will be effective in preventing and reducing youth
690 smoking;
691 (iii) for community-based programs to prevent and reduce smoking, the request shall
692 demonstrate that the proposed program:
693 (A) has a comprehensive strategy with a clear mission and goals;
694 (B) provides for committed, caring, and professional leadership; and
695 (C) if directed toward youth:
696 (I) offers youth-centered activities in youth accessible facilities;
697 (II) is culturally sensitive, inclusive, and diverse;
698 (III) involves youth in the planning, delivery, and evaluation of services that affect
699 them; and
700 (IV) offers a positive focus that is inclusive of all youth; and
701 (iv) for enforcement, control, and compliance program, the request shall demonstrate
702 that the proposed program can reasonably be expected to reduce the extent to which [
703
704 Section 76-10-101, are available to individuals under [
705
706 old;
707 (b) agree, by contract, to file an annual written report with the Department of Health
708 that contains the following:
709 (i) the amount funded;
710 (ii) the amount expended;
711 (iii) a description of the program or campaign and the number of adults and youth who
712 participated;
713 (iv) specific elements of the program or campaign meeting the applicable criteria set
714 forth in Subsection (1)(a); and
715 (v) a statement concerning the success and effectiveness of the program or campaign;
716 (c) agree, by contract, to not use any funds received under this part directly or
717 indirectly, to:
718 (i) engage in any lobbying or political activity, including the support of, or opposition
719 to, candidates, ballot questions, referenda, or similar activities; or
720 (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to
721 enforce:
722 (A) the provisions of the Master Settlement Agreement;
723 (B) Title 26, Chapter 38, Utah Indoor Clean Air Act;
724 (C) Title 26, Chapter 62, Part 3, Enforcement; and
725 (D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and
726 (d) agree, by contract, to repay the funds provided under this part if the organization:
727 (i) fails to file a timely report as required by Subsection (1)(b); or
728 (ii) uses any portion of the funds in violation of Subsection (1)(c).
729 (2) The Department of Health shall review and evaluate the success and effectiveness
730 of any program or campaign that receives funding pursuant to a request submitted under
731 Subsection (1). The review and evaluation:
732 (a) shall include a comparison of annual smoking trends;
733 (b) may be conducted by an independent evaluator; and
734 (c) may be paid for by funds appropriated from the account for that purpose.
735 (3) The Department of Health shall annually report to the Social Services
736 Appropriations Subcommittee on the reviews conducted pursuant to Subsection (2).
737 (4) An organization that fails to comply with the contract requirements set forth in
738 Subsection (1) shall:
739 (a) repay the state as provided in Subsection (1)(d); and
740 (b) be disqualified from receiving funds under this part in any subsequent fiscal year.
741 (5) The attorney general shall be responsible for recovering funds that are required to
742 be repaid to the state under this section.
743 (6) Nothing in this section may be construed as applying to funds that are not
744 appropriated under this part.
745 Section 13. Section 53-3-229 is amended to read:
746 53-3-229. Prohibited uses of license certificate -- Penalty.
747 (1) It is a class C misdemeanor for [
748 (a) lend or knowingly permit the use of a license certificate issued to the [
749 individual, by [
750 (b) display or [
751 license certificate not issued to the [
752 (c) refuse to surrender to the division or a peace officer upon demand any license
753 certificate issued by the division;
754 (d) use a false name or give a false address in any application for a license or any
755 renewal or duplicate of the license certificate, or to knowingly make a false statement, or to
756 knowingly conceal a material fact or otherwise commit a fraud in the application;
757 (e) display a canceled, denied, revoked, suspended, or disqualified driver license
758 certificate as a valid driver license certificate;
759 (f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
760 driver license certificate issued by a governmental entity if the item is not an authentic driver
761 license certificate issued by that governmental entity; or
762 (g) alter any information on an authentic driver license certificate so that it no longer
763 represents the information originally displayed.
764 (2) The provisions of Subsection (1)(e) do not prohibit the use of [
765 individual's driver license certificate as a means of personal identification.
766 (3) It is a class A misdemeanor to knowingly:
767 (a) issue a driver license certificate with false or fraudulent information;
768 (b) issue a driver license certificate to [
769 years [
770 an individual who is younger than 21 years [
771 (c) acquire, use, display, or transfer a false or altered driver license certificate to
772 procure[
773 Section 76-10-101.
774 [
775 [
776 [
777 [
778 (4) [
779 license certificate to procure alcoholic beverages, gain admittance to a place where alcoholic
780 beverages are sold or consumed, or obtain employment that may not be obtained by a minor in
781 violation of Section 32B-1-403.
782 (5) It is a third degree felony if [
783 transfer of a false or altered driver license certificate:
784 (a) aids or furthers the [
785 services; or
786 (b) aids or furthers the [
787 Section 14. Section 53-3-810 is amended to read:
788 53-3-810. Prohibited uses of identification card -- Penalties.
789 (1) It is a class C misdemeanor to:
790 (a) lend or knowingly permit the use of an identification card issued to the [
791 individual, by [
792 (b) display or to represent as the [
793 identification card not issued to the [
794 (c) refuse to surrender to the division or a peace officer upon demand any identification
795 card issued by the division;
796 (d) use a false name or give a false address in any application for an identification card
797 or any renewal or duplicate of the identification card, or to knowingly make a false statement,
798 or to knowingly conceal a material fact in the application;
799 (e) display a revoked identification card as a valid identification card;
800 (f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
801 identification card issued by a governmental entity if the item is not an authentic identification
802 card issued by that governmental entity; or
803 (g) alter any information contained on an authentic identification card so that it no
804 longer represents the information originally displayed.
805 (2) It is a class A misdemeanor to knowingly:
806 (a) issue an identification card with false or fraudulent information;
807 (b) issue an identification card to [
808 years [
809 individual who is younger than 21 years [
810 (c) acquire, use, display, or transfer a false or altered identification card to procure[
811 tobacco product or an electronic cigarette product, as those terms are defined in Section
812 76-10-101.
813 [
814 [
815 [
816 [
817 (3) [
818 altered identification card to procure alcoholic beverages, gain admittance to a place where
819 alcoholic beverages are sold or consumed, or obtain employment that may not be obtained by a
820 minor in violation of Section 32B-1-403.
821 (4) It is a third degree felony if [
822 transfer of a false or altered identification card:
823 (a) aids or furthers the [
824 services; or
825 (b) aids or furthers the [
826 Section 15. Section 53G-8-209 is amended to read:
827 53G-8-209. Extracurricular activities -- Prohibited conduct -- Reporting of
828 violations -- Limitation of liability.
829 (1) The Legislature recognizes that:
830 (a) participation in student government and extracurricular activities may confer
831 important educational and lifetime benefits upon students, and encourages school districts and
832 charter schools to provide a variety of opportunities for all students to participate in such
833 activities in meaningful ways;
834 (b) there is no constitutional right to participate in these types of activities, and does
835 not through this section or any other provision of law create such a right;
836 (c) students who participate in student government and extracurricular activities,
837 particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
838 those activities, become role models for others in the school and community;
839 (d) these individuals often play major roles in establishing standards of acceptable
840 behavior in the school and community, and establishing and maintaining the reputation of the
841 school and the level of community confidence and support afforded the school; and
842 (e) it is of the utmost importance that those involved in student government, whether as
843 officers or advisors, and those involved in competitive athletics and related activities, whether
844 students or staff, comply with all applicable laws and standards of behavior and conduct
845 themselves at all times in a manner befitting their positions and responsibilities.
846 (2) (a) The state board may, and local school boards and charter school governing
847 boards shall, adopt rules or policies implementing this section that apply to both students and
848 staff.
849 (b) The rules or policies described in Subsection (2)(a) shall include prohibitions
850 against the following types of conduct in accordance with Section 53G-8-211, while in the
851 classroom, on school property, during school sponsored activities, or regardless of the location
852 or circumstance, affecting a person or property described in Subsections 53G-8-203(1)(e)(i)
853 through (iv):
854 (i) the use of foul, abusive, or profane language while engaged in school related
855 activities;
856 (ii) the illicit use, possession, or distribution of controlled substances or drug
857 paraphernalia[
858 (iii) the use, possession, or distribution of [
859
860 cigarette product, as those terms are defined in Section 76-10-101, or an alcoholic beverage
861 that is contrary to law; and
862 [
863 including behavior involving physical violence, restraint, improper touching, or inappropriate
864 exposure of body parts not normally exposed in public settings, forced ingestion of any
865 substance, or any act which would constitute a crime against a person or public order under
866 Utah law.
867 (3) (a) School employees who reasonably believe that a violation of this section may
868 have occurred shall immediately report that belief to the school principal, district
869 superintendent, or chief administrative officer of a charter school.
870 (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
871 alleged incident, and actions taken in response, to the district superintendent or the
872 superintendent's designee within 10 working days after receipt of the report.
873 (c) Failure of a person holding a professional certificate to report as required under this
874 Subsection (3) constitutes an unprofessional practice.
875 (4) Limitations of liability set forth under Section 53G-8-405 apply to this section.
876 Section 16. Section 59-14-703 (Effective 07/01/20) is amended to read:
877 59-14-703 (Effective 07/01/20). Certification of cigarette rolling machine
878 operators -- Renewal of certification -- Requirements for certification or renewal of
879 certification -- Denial.
880 (1) A cigarette rolling machine operator may not perform the following without first
881 obtaining certification from the commission as provided in this part:
882 (a) locate a cigarette rolling machine within this state;
883 (b) make or offer to make a cigarette rolling machine available for use within this state;
884 or
885 (c) offer a cigarette for sale within this state if the cigarette is produced by:
886 (i) the cigarette rolling machine operator; or
887 (ii) another person at the location of the cigarette rolling machine operator's cigarette
888 rolling machine.
889 (2) A cigarette rolling machine operator shall renew its certification as provided in this
890 section.
891 (3) The commission shall prescribe a form for certifying a cigarette rolling machine
892 operator under this part.
893 (4) (a) A cigarette rolling machine operator shall apply to the commission for
894 certification before the cigarette rolling machine operator performs an act described in
895 Subsection (1) within the state for the first time.
896 (b) A cigarette rolling machine operator shall apply to the commission for a renewal of
897 certification on or before the earlier of:
898 (i) December 31 of each year; or
899 (ii) the day on which there is a change in any of the information the cigarette rolling
900 machine operator provides on the form described in Subsection (3).
901 (5) To obtain certification or renewal of certification under this section from the
902 commission, a cigarette rolling machine operator shall:
903 (a) identify:
904 (i) the cigarette rolling machine operator's name and address;
905 (ii) the location, make, and brand of the cigarette rolling machine operator's cigarette
906 rolling machine; and
907 (iii) each person from whom the cigarette rolling machine operator will purchase or be
908 provided tobacco products that the cigarette rolling machine operator will use to produce
909 cigarettes; and
910 (b) certify, under penalty of perjury, that:
911 (i) the tobacco to be used in the cigarette rolling machine operator's cigarette rolling
912 machine, regardless of the tobacco's label or description, shall be only of a:
913 (A) brand family listed on the commission's directory listing required by Section
914 59-14-603; and
915 (B) tobacco product manufacturer listed on the commission's directory listing required
916 by Section 59-14-603;
917 (ii) the cigarette rolling machine operator shall prohibit another person who uses the
918 cigarette rolling machine operator's cigarette rolling machine from using tobacco, a wrapper, or
919 a cover except for tobacco, a wrapper, or a cover purchased by or provided to the cigarette
920 rolling machine operator from a person identified in accordance with Subsection (5)(a)(iii);
921 (iii) the cigarette rolling machine operator holds a current license issued in accordance
922 with this chapter;
923 (iv) the cigarettes produced from the cigarette rolling machine shall comply with Title
924 53, Chapter 7, Part 4, The Reduced Cigarette Ignition Propensity and Firefighter Protection
925 Act;
926 (v) the cigarette rolling machine shall be located in a separate and defined area where
927 the cigarette rolling machine operator ensures that an individual younger than [
928
929 (A) present at any time; or
930 (B) permitted to enter at any time; and
931 (vi) the cigarette rolling machine operator may not barter, distribute, exchange, offer,
932 or sell cigarettes produced from a cigarette rolling machine in a quantity of less than 20
933 cigarettes per retail transaction.
934 [
935 [
936 [
937 [
938 the requirements for certification or renewal of certification under this section, the commission
939 shall grant the certification or renewal of certification.
940 [
941 not meet the requirements for certification or renewal of certification under this section, the
942 commission shall:
943 (a) deny the certification or renewal of certification; and
944 (b) provide the cigarette rolling machine operator the grounds for denial of the
945 certification or renewal of certification in writing.
946 Section 17. Section 76-8-311.3 is amended to read:
947 76-8-311.3. Items prohibited in correctional and mental health facilities --
948 Penalties.
949 (1) As used in this section:
950 (a) "Contraband" means any item not specifically prohibited for possession by
951 offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
952 (b) "Controlled substance" means any substance defined as a controlled substance
953 under Title 58, Chapter 37, Utah Controlled Substances Act.
954 (c) "Correctional facility" means:
955 (i) any facility operated by or contracting with the Department of Corrections to house
956 offenders in either a secure or nonsecure setting;
957 (ii) any facility operated by a municipality or a county to house or detain criminal
958 offenders;
959 (iii) any juvenile detention facility; and
960 (iv) any building or grounds appurtenant to the facility or lands granted to the state,
961 municipality, or county for use as a correctional facility.
962 (d) "Electronic cigarette[
963 Section 76-10-101.
964 (e) "Medicine" means any prescription drug as defined in Title 58, Chapter 17b,
965 Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58,
966 Chapter 37, Utah Controlled Substances Act.
967 (f) "Mental health facility" is as defined in Section 62A-15-602.
968 (g) "Offender" means a person in custody at a correctional facility.
969 (h) "Secure area" is as defined in Section 76-8-311.1.
970 (i) "Tobacco product" means the same as that term is defined in Section 76-10-101.
971 (2) Notwithstanding Section 76-10-500, a correctional or mental health facility may
972 provide by rule that no firearm, ammunition, dangerous weapon, implement of escape,
973 explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in any
974 quantity may be:
975 (a) transported to or upon a correctional or mental health facility;
976 (b) sold or given away at any correctional or mental health facility;
977 (c) given to or used by any offender at a correctional or mental health facility; or
978 (d) knowingly or intentionally possessed at a correctional or mental health facility.
979 (3) It is a defense to any prosecution under this section if the accused in committing the
980 act made criminal by this section with respect to:
981 (a) a correctional facility operated by the Department of Corrections, acted in
982 conformity with departmental rule or policy;
983 (b) a correctional facility operated by a municipality, acted in conformity with the
984 policy of the municipality;
985 (c) a correctional facility operated by a county, acted in conformity with the policy of
986 the county; or
987 (d) a mental health facility, acted in conformity with the policy of the mental health
988 facility.
989 (4) (a) [
990 into a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or
991 implement of escape with intent to provide or sell it to any offender, is guilty of a second
992 degree felony.
993 (b) [
994 facility, or any detainee at a secure area of a mental health facility, any firearm, ammunition,
995 dangerous weapon, or implement of escape is guilty of a second degree felony.
996 (c) [
997 possesses at a secure area of a mental health facility, any firearm, ammunition, dangerous
998 weapon, or implement of escape is guilty of a second degree felony.
999 (d) [
1000 the correctional facility or the secure area of a mental health facility, knowingly possesses at a
1001 correctional facility or a secure area of a mental health facility any firearm, ammunition,
1002 dangerous weapon, or implement of escape is guilty of a third degree felony.
1003 (e) [
1004 intentionally transports, possesses, distributes, or sells any explosive in a correctional facility or
1005 mental health facility.
1006 (5) (a) [
1007 permission of the authority operating the correctional facility or secure area of a mental health
1008 facility, knowingly transports to or upon a correctional facility or into a secure area of a mental
1009 health facility any:
1010 (i) spirituous or fermented liquor;
1011 (ii) medicine, whether or not lawfully prescribed for the offender; or
1012 (iii) poison in any quantity.
1013 (b) [
1014 correctional or mental health facility policy or rule by providing or selling to any offender at a
1015 correctional facility or detainee within a secure area of a mental health facility any:
1016 (i) spirituous or fermented liquor;
1017 (ii) medicine, whether or not lawfully prescribed for the offender; or
1018 (iii) poison in any quantity.
1019 (c) An inmate is guilty of a third degree felony who, in violation of correctional or
1020 mental health facility policy or rule, possesses at a correctional facility or in a secure area of a
1021 mental health facility any:
1022 (i) spirituous or fermented liquor;
1023 (ii) medicine, other than medicine provided by the facility's health care providers in
1024 compliance with facility policy; or
1025 (iii) poison in any quantity.
1026 (d) [
1027 directly or indirectly provide or sell any tobacco product or electronic cigarette product to an
1028 offender, directly or indirectly:
1029 (i) transports, delivers, or distributes any tobacco product or electronic cigarette
1030 product to an offender or on the grounds of any correctional facility;
1031 (ii) solicits, requests, commands, coerces, encourages, or intentionally aids another
1032 person to transport any tobacco product or electronic cigarette product to an offender or on any
1033 correctional facility, if the person is acting with the mental state required for the commission of
1034 an offense; or
1035 (iii) facilitates, arranges, or causes the transport of any tobacco product or electronic
1036 cigarette product in violation of this section to an offender or on the grounds of any
1037 correctional facility.
1038 (e) [
1039 permission of the authority operating the correctional or mental health facility, fails to declare
1040 or knowingly possesses at a correctional facility or in a secure area of a mental health facility
1041 any:
1042 (i) spirituous or fermented liquor;
1043 (ii) medicine; or
1044 (iii) poison in any quantity.
1045 (f) [
1046 permission of the authority operating the correctional facility, knowingly engages in any
1047 activity that would facilitate the possession of any contraband by an offender in a correctional
1048 facility. The provisions of Subsection (5)(d) regarding any tobacco product or electronic
1049 cigarette product take precedence over this Subsection (5)(f).
1050 (g) Exemptions may be granted for worship for Native American inmates pursuant to
1051 Section 64-13-40.
1052 (6) The possession, distribution, or use of a controlled substance at a correctional
1053 facility or in a secure area of a mental health facility shall be prosecuted in accordance with
1054 Title 58, Chapter 37, Utah Controlled Substances Act.
1055 (7) The department shall make rules under Title 63G, Chapter 3, Utah Administrative
1056 Rulemaking Act, to establish guidelines for providing written notice to visitors that providing
1057 any tobacco product or electronic cigarette product to offenders is a class A misdemeanor.
1058 Section 18. Section 76-10-101 is amended to read:
1059 76-10-101. Definitions.
1060 As used in this part:
1061 (1) "Cigar" means a product that contains nicotine, is intended to be burned under
1062 ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in
1063 any substance containing tobacco, other than any roll of tobacco that is a cigarette as described
1064 in Subsection (2).
1065 (2) "Cigarette" means a product that contains nicotine, is intended to be burned under
1066 ordinary conditions of use, and consists of:
1067 (a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
1068 (b) any roll of tobacco wrapped in any substance containing tobacco which, because of
1069 its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to
1070 be offered to, or purchased by, consumers as a cigarette described in Subsection (2)(a).
1071 [
1072
1073 (3) (a) "Electronic cigarette" means:
1074 (i) any electronic oral device:
1075 (A) that provides an aerosol or a vapor of nicotine or other substance; and
1076 (B) which simulates smoking through the device's use, or though inhalation, of the
1077 device;
1078 (ii) a component of the device described in Subsection (3)(a)(i); and
1079 (iii) an accessory sold in the same package as the device described in Subsection
1080 (3)(a)(i).
1081 (b) "Electronic cigarette" includes an oral device that is:
1082 (i) composed of a heating element, battery, or electronic circuit; and
1083 (ii) marketed, manufactured, distributed, or sold as:
1084 (A) an e-cigarette;
1085 (B) an e-cigar;
1086 (C) an e-pipe; or
1087 (D) any other product name or descriptor, if the function of the product meets the
1088 definition of Subsection (3)(a).
1089 (4) "Electronic cigarette product" means an electronic cigarette, an electronic cigarette
1090 substance, or a prefilled electronic cigarette.
1091 (5) "Electronic cigarette substance" means any substance, including liquid containing
1092 nicotine, used or intended for use in an electronic cigarette.
1093 [
1094 (a) a shop;
1095 (b) a store;
1096 (c) a factory;
1097 (d) a public garage;
1098 (e) an office;
1099 (f) a theater;
1100 (g) a recreation hall;
1101 (h) a dance hall;
1102 (i) a poolroom;
1103 (j) a café;
1104 (k) a cafeteria;
1105 (l) a cabaret;
1106 (m) a restaurant;
1107 (n) a hotel;
1108 (o) a lodging house;
1109 (p) a streetcar;
1110 (q) a bus;
1111 (r) an interurban or railway passenger coach;
1112 (s) a waiting room; and
1113 (t) any other place of business.
1114 (7) "Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled
1115 with an electronic cigarette substance.
1116 (8) "Retail tobacco specialty business" means the same as that term is defined in
1117 Section 26-62-102.
1118 [
1119 lighted smoking equipment.
1120 (10) (a) "Tobacco paraphernalia" means equipment, product, or material of any kind
1121 that is used, intended for use, or designed for use to package, repackage, store, contain,
1122 conceal, ingest, inhale, or otherwise introduce a tobacco product or an electronic cigarette
1123 substance into the human body.
1124 (b) "Tobacco paraphernalia" includes:
1125 (i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
1126 screens, permanent screens, hashish heads, or punctured metal bowls;
1127 (ii) water pipes;
1128 (iii) carburetion tubes and devices;
1129 (iv) smoking and carburetion masks;
1130 (v) roach clips, meaning objects used to hold burning material, such as a cigarette, that
1131 has become too small or too short to be held in the hand;
1132 (vi) chamber pipes;
1133 (vii) carburetor pipes;
1134 (viii) electric pipes;
1135 (ix) air-driven pipes;
1136 (x) chillums;
1137 (xi) bongs; and
1138 (xii) ice pipes or chillers.
1139 (c) "Tobacco paraphernalia" does not include matches or lighters.
1140 (11) "Tobacco product" means:
1141 (a) a cigar;
1142 (b) a cigarette; and
1143 (c) tobacco in any form, including:
1144 (i) chewing tobacco; and
1145 (ii) any substitute for tobacco, including flavoring or additives to tobacco.
1146 (12) "Tobacco retailer" means:
1147 (a) a general tobacco retailer, as that term is defined in Section 26-62-102; and
1148 (b) a retail tobacco specialty business.
1149 Section 19. Section 76-10-103 (Effective 07/01/20) is amended to read:
1150 76-10-103 (Effective 07/01/20). Permitting minors to use a tobacco product or an
1151 electronic cigarette product in place of business.
1152 It is a class C misdemeanor for the proprietor of any place of business to knowingly
1153 permit an individual under [
1154 while the individual is using [
1155 [
1156 [
1157 Section 20. Section 76-10-104 (Effective 07/01/20) is amended to read:
1158 76-10-104 (Effective 07/01/20). Providing a cigar, cigarette, electronic cigarette,
1159 or tobacco to a minor -- Penalties.
1160 [
1161
1162
1163
1164
1165 [
1166 [
1167 [
1168 (a) includes selling, giving, furnishing, sending, or causing to be sent; and
1169 (b) does not include the acts of the United States Postal Service or other common
1170 carrier when engaged in the business of transporting and delivering packages for others or the
1171 acts of a person, whether compensated or not, who transports or delivers a package for another
1172 person without any reason to know of the package's content.
1173 (2) An individual who knowingly, intentionally, recklessly, or with criminal negligence
1174 provides a tobacco product or an electronic cigarette product to an individual who is under 21
1175 years old, is guilty of:
1176 (a) a class C misdemeanor on the first offense;
1177 (b) a class B misdemeanor on the second offense; and
1178 (c) a class A misdemeanor on any subsequent offense.
1179 (3) This section does not apply to conduct of an employee of a tobacco retailer that is a
1180 violation of Section 76-10-114.
1181 Section 21. Section 76-10-104.1 (Effective 07/01/20) is amended to read:
1182 76-10-104.1 (Effective 07/01/20). Providing tobacco paraphernalia to minors --
1183 Penalties.
1184 (1) [
1185 [
1186 [
1187 carrier when engaged in the business of transporting and delivering packages for others or the
1188 acts of a person, whether compensated or not, who transports or delivers a package for another
1189 person without any reason to know of the package's content.
1190 [
1191 [
1192
1193
1194 [
1195
1196 [
1197 [
1198 [
1199 [
1200
1201 [
1202 [
1203 [
1204 [
1205 [
1206 [
1207 [
1208 [
1209 (2) (a) It is unlawful for [
1210 recklessly, or with criminal negligence provide tobacco paraphernalia to an individual under[
1211
1212
1213 (b) [
1214 (i) a class C misdemeanor on the first offense; and
1215 (ii) a class B misdemeanor on any subsequent [
1216 Section 22. Section 76-10-105 (Effective 07/01/20) is amended to read:
1217 76-10-105 (Effective 07/01/20). Buying or possessing a tobacco product or an
1218 electronic cigarette product by a minor -- Penalty -- Compliance officer authority --
1219 Juvenile court jurisdiction.
1220 (1) [
1221
1222 individual's possession [
1223 tobacco product or an electronic cigarette product is:
1224 (a) guilty of an infraction; and
1225 (b) subject to:
1226 (i) a minimum fine or penalty of $60; and
1227 (ii) participation in a court-approved tobacco education or cessation program, which
1228 may include a participation fee.
1229 [
1230 [
1231 [
1232 (2) (a) An individual who is under [
1233 to buy, accepts, or has in the individual's possession [
1234
1235 jurisdiction of the juvenile court and subject to Section 78A-6-602, unless the violation is
1236 committed on school property.
1237 (b) If a violation under this section is adjudicated under Section 78A-6-117, the minor
1238 may be subject to the following:
1239 [
1240 [
1241 include a participation fee.
1242 (3) (a) A compliance officer appointed by a board of education under Section
1243 53G-4-402 may not issue a citation for a violation of this section committed on school
1244 property.
1245 (b) A cited violation committed on school property shall be addressed in accordance
1246 with Section 53G-8-211.
1247 [
1248
1249
1250 [
1251 [
1252
1253 [
1254
1255 Section 23. Section 76-10-105.1 (Effective 07/01/20) is amended to read:
1256 76-10-105.1 (Effective 07/01/20). Requirement of direct, face-to-face sale of
1257 tobacco products and electronic cigarette products -- Minors not allowed in retail tobacco
1258 specialty business -- Penalties.
1259 (1) As used in this section:
1260 [
1261 [
1262 individual and a retailer or retailer's employee.
1263 (ii) "Face-to-face exchange" does not include a sale through a:
1264 (A) vending machine; or
1265 (B) self-service display.
1266 [
1267 (i) sells a [
1268 individual for personal consumption; or
1269 (ii) operates a facility with a vending machine that sells a [
1270 product or an electronic cigarette product.
1271 [
1272 product or an electronic cigarette product to which the public has access without the
1273 intervention of a retailer or retailer's employee.
1274 [
1275 [
1276
1277 [
1278 [
1279 (2) Except as provided in Subsection (3), a retailer may sell a [
1280 tobacco product or an electronic cigarette product only in a face-to-face exchange.
1281 (3) The face-to-face sale requirement in Subsection (2) does not apply to:
1282 (a) a mail-order, telephone, or Internet sale made in compliance with Section
1283 59-14-509;
1284 (b) a sale from a vending machine or self-service display that is located in an area of a
1285 retailer's facility:
1286 (i) that is distinct and separate from the rest of the facility; and
1287 (ii) where the retailer only allows an individual who complies with Subsection (4) to be
1288 present; or
1289 (c) a sale at a retail tobacco specialty [
1290 (4) [
1291 21 years old may not enter or be present at a [
1292 business unless the individual is:
1293 [
1294 [
1295 commercial purpose other than to purchase a [
1296 electronic cigarette[
1297 [
1298
1299 [
1300 [
1301 [
1302 (5) A parent or legal guardian who accompanies, under Subsection (4)(a)(i), an
1303 individual into an area described in Subsection (3)(b)[
1304 tobacco specialty business, may not allow the individual to purchase a [
1305 tobacco product or an electronic cigarette product.
1306 (6) A violation of Subsection (2) or (4) is a:
1307 (a) class C misdemeanor on the first offense;
1308 (b) class B misdemeanor on the second offense; and
1309 (c) class A misdemeanor on [
1310 (7) An individual who violates Subsection (5) is guilty of [
1311
1312 [
1313
1314
1315
1316 [
1317
1318 Section 24. Section 76-10-112 is amended to read:
1319 76-10-112. Prohibition of distribution of electronic cigarette product --
1320 Exceptions.
1321 (1) (a) Except as provided in Subsection [
1322 wholesaler, or tobacco retailer to:
1323 (i) give or distribute [
1324 product in this state without charge[
1325 (ii) except as provided in Subsection (1)(b), sell, offer for sale, or furnish an electronic
1326 cigarette product at less than the cost of the product to the manufacturer, wholesaler, or tobacco
1327 retailer; or
1328 (iii) give, distribute, sell, offer to sale, or furnish an electronic cigarette product for free
1329 or at a lower price because the purchaser makes another purchase.
1330 (b) The price that a manufacturer, wholesaler, or tobacco retailer may charge under
1331 Subsection (1)(a)(ii) does not include a discount for:
1332 (i) a manufacturer coupon:
1333 (A) that is surrendered to the tobacco retailer at the time of sale; and
1334 (B) for which the manufacturer will reimburse the wholesaler or tobacco retailer for the
1335 full amount of the discount described in the manufacturer coupon and provided to the
1336 purchaser;
1337 (ii) a rebate that will be paid to the manufacturer, wholesaler, or tobacco retailer for the
1338 full amount of the rebate provided to the purchaser; or
1339 (iii) a promotional fund that will be paid to the manufacturer, wholesaler, or tobacco
1340 retailer for the full amount of the promotional fund provided to the purchaser.
1341 (2) [
1342 (a) a class C misdemeanor for the first offense; and
1343 (b) a class B misdemeanor for any subsequent offense.
1344 [
1345 be distributed to [
1346 where the general public is excluded.
1347 [
1348
1349
1350 Section 25. Section 76-10-113 is enacted to read:
1351 76-10-113. Unlawful transfer or use of proof of age.
1352 (1) As used in this section:
1353 (a) "Proof of age" means:
1354 (i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
1355 Card Act;
1356 (ii) a valid identification that:
1357 (A) is substantially similar to an identification card issued under Title 53, Chapter 3,
1358 Part 8, Identification Card Act;
1359 (B) is issued in accordance with the laws of a state other than Utah in which the
1360 identification is issued;
1361 (C) includes date of birth; and
1362 (D) has a picture affixed;
1363 (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
1364 Driver License Act, or in accordance with the laws of the state in which the valid driver license
1365 is issued;
1366 (iv) a valid United States military identification card that:
1367 (A) includes date of birth; and
1368 (B) has a picture affixed; or
1369 (v) a valid passport.
1370 (b) "Proof of age" does not include a driving privilege card issued in accordance with
1371 Section 53-3-207.
1372 (2) An individual who knowingly and intentionally transfers that individual's proof of
1373 age to another individual to aid that individual in purchasing a tobacco product or an electronic
1374 cigarette product, or in gaining admittance to any part of the premises of a retail tobacco
1375 specialty business, is guilty of a class B misdemeanor.
1376 (3) An individual who knowingly and intentionally uses proof of age containing false
1377 information with the intent to purchase a tobacco product or an electronic cigarette product, or
1378 to gain admittance to any part of the premises of a retail tobacco specialty business, is guilty of
1379 a class A misdemeanor.
1380 Section 26. Section 76-10-114 is enacted to read:
1381 76-10-114. Unlawful sale of a tobacco product or electronic cigarette product.
1382 (1) As used in this section:
1383 (a) "Compensatory service" means service or unpaid work performed by an employee,
1384 in lieu of the payment of a fine or imprisonment.
1385 (b) "Employee" means an employee or an owner of a tobacco retailer.
1386 (2) It is unlawful for an employee to knowingly or intentionally sell or give a tobacco
1387 product or an electronic cigarette product in the course of business to an individual who is
1388 under 21 years old.
1389 (3) An employee who violates this section is:
1390 (a) on a first violation:
1391 (i) guilty of an infraction; and
1392 (ii) subject to:
1393 (A) a fine not exceeding $1,000; or
1394 (B) compensatory service;
1395 (b) on any subsequent violation:
1396 (i) guilty of a class C misdemeanor; and
1397 (ii) subject to:
1398 (A) a fine not exceeding $2,000; or
1399 (B) compensatory service.
1400 Section 27. Section 76-10-115 is enacted to read:
1401 76-10-115. Ordinances, rules, and regulations.
1402 (1) Except as provided in Subsection (2), an ordinance, rule, or regulation adopted by a
1403 governing body of a political subdivision of the state or a state agency is superseded if:
1404 (a) the ordinance, rule, or regulation affects:
1405 (i) the minimum age of sale for a tobacco product, an electronic cigarette product, or
1406 tobacco paraphernalia;
1407 (ii) the provision of a tobacco product, an electronic cigarette product, or tobacco
1408 paraphernalia;
1409 (iii) the flavoring of a tobacco product or an electronic cigarette product;
1410 (iv) the purchase or possession of a tobacco product, an electronic cigarette product, or
1411 tobacco paraphernalia; or
1412 (v) the sale, placement, or display of a tobacco product or an electronic cigarette
1413 product; and
1414 (b) the ordinance, rule, or regulation is not essentially identical to any state statute
1415 relating to the applicable subject described in Subsection (1)(a).
1416 (2) A governing body of a political subdivision of the state or a state agency may adopt
1417 an ordinance, rule, or regulation on a subject described in Subsections (1)(a)(i) through (v) if
1418 the governing body of a political subdivision of the state or a state agency is authorized by
1419 statute to adopt the ordinance, rule, or regulation.
1420 (3) Subsection (1) does not apply to the adoption or enforcement of a land use
1421 ordinance by a municipal or county government.
1422 Section 28. Section 77-39-101 (Effective 07/01/20) is amended to read:
1423 77-39-101 (Effective 07/01/20). Investigation of sales of alcohol, tobacco, and
1424 electronic cigarettes to underage individuals.
1425 (1) As used in this section[
1426 (a) "Electronic cigarette product" means the same as that term is defined in Section
1427 76-10-101.
1428 (b) "Tobacco product means the same as that term is defined in Section 76-10-101.
1429 (2) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer
1430 Classifications, may investigate the possible violation of:
1431 (i) Section 32B-4-403 by requesting an individual under 21 years old to enter into and
1432 attempt to purchase or make a purchase of alcohol from a retail establishment; or
1433 (ii) Section [
1434
1435 from a retail establishment of:
1436 (A) a [
1437 [
1438 [
1439 [
1440 (b) A peace officer who is present at the site of a proposed purchase shall direct,
1441 supervise, and monitor the individual requested to make the purchase.
1442 (c) Immediately following a purchase or attempted purchase or as soon as practical the
1443 supervising peace officer shall inform the cashier and the proprietor or manager of the retail
1444 establishment that the attempted purchaser was under the legal age to purchase:
1445 (i) alcohol; or
1446 (ii) (A) a [
1447 [
1448 [
1449 [
1450 (d) If a citation or information is issued, [
1451 within seven days of the purchase.
1452 [
1453 [
1454 [
1455 (3) (a) If an individual under [
1456 purchase, a written consent of that individual's parent or guardian shall be obtained prior to that
1457 individual participating in any attempted purchase.
1458 (b) An individual requested by the peace officer to attempt a purchase may:
1459 (i) be a trained volunteer; or
1460 (ii) receive payment, but may not be paid based on the number of successful purchases
1461 of alcohol, tobacco products, or [
1462 (4) The individual requested by the peace officer to attempt a purchase and anyone
1463 accompanying the individual attempting a purchase may not during the attempted purchase
1464 misrepresent the age of the individual by false or misleading identification documentation in
1465 attempting the purchase.
1466 (5) An individual requested to attempt to purchase or make a purchase pursuant to this
1467 section is immune from prosecution, suit, or civil liability for the purchase of, attempted
1468 purchase of, or possession of alcohol, a [
1469 product, or an electronic cigarette product if a peace officer directs, supervises, and monitors
1470 the individual.
1471 (6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this section
1472 shall be conducted[
1473 [
1474 [
1475
1476 [
1477 [
1478 [
1479 [
1480 [
1481 [
1482 (i) on a random basis at any one retail establishment location, not more often than four
1483 times for the attempted purchase of alcohol; and
1484 (ii) a minimum of two times at a retail establishment that sells tobacco products or
1485 electronic cigarette products for the attempted purchase of a tobacco product or an electronic
1486 cigarette product.
1487 (b) This section does not prohibit an investigation or an attempt to purchase [
1488 alcohol, a tobacco product, or an electronic cigarette product under this section if:
1489 (i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
1490 [
1491 an individual under the age established by Section 32B-4-403 or [
1492 (ii) the supervising peace officer makes a written record of the grounds for the
1493 reasonable suspicion.
1494 (7) (a) The peace officer exercising direction, supervision, and monitoring of the
1495 attempted purchase shall make a report of the attempted purchase, whether or not a purchase
1496 was made.
1497 (b) The report required by this Subsection (7) shall include:
1498 (i) the name of the supervising peace officer;
1499 (ii) the name of the individual attempting the purchase;
1500 (iii) a photograph of the individual attempting the purchase showing how that
1501 individual appeared at the time of the attempted purchase;
1502 (iv) the name and description of the cashier or proprietor from whom the individual
1503 attempted the purchase;
1504 (v) the name and address of the retail establishment; and
1505 (vi) the date and time of the attempted purchase.
1506 Section 29. Effective date.
1507 This bill takes effect on July 1, 2020.