1
2
3
4
5
6
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 to include a business
14 that appears to be a retail tobacco specialty business or sells a flavored electronic
15 cigarette product;
16 ▸ amends permit violations for tobacco retailers;
17 ▸ creates requirements regarding verification of age for retail tobacco specialty
18 businesses;
19 ▸ modifies and places sunset provisions on dates from which laws are applicable to
20 retail tobacco specialty businesses;
21 ▸ authorizes regulation and testing of manufacturer sealed electronic substances;
22 ▸ requires a tobacco retailer to maintain certain records;
23 ▸ provides that a retail tobacco specialty shop may not be located within 1,000 feet of
24 a school;
25 ▸ creates civil penalties for a retail tobacco specialty business that allows an
26 individual under 21 years old in certain circumstances to gain access to the premises of the
27 business or to purchase a tobacco product or an electronic cigarette product;
28 ▸ increases the minimum age for obtaining, possessing, using, providing, or
29 furnishing tobacco products and paraphernalia and electronic cigarette products to
30 21 years old;
31 ▸ prohibits a manufacturer, wholesaler, or retailer from providing certain discounts or
32 giveaways for electronic cigarette products and tobacco products;
33 ▸ prohibits a general tobacco retailer from selling, providing, or distributing a
34 flavored electronic cigarette product;
35 ▸ makes it a crime to fraudulently use or transfer proof of age to gain access to a retail
36 tobacco specialty business or to purchase a tobacco product or electronic cigarette
37 product;
38 ▸ makes it a crime for an employee of a retail tobacco specialty business to allow an
39 individual under 21 years old to purchase a tobacco product or an electronic
40 cigarette product;
41 ▸ preempts certain ordinances, rules, and regulations on tobacco products, electronic
42 cigarette products, and tobacco paraphernalia;
43 ▸ amends the number of times that a peace officer must conduct an investigation of a
44 retail shop for underage tobacco sales; and
45 ▸ makes technical and conforming changes.
46 Money Appropriated in this Bill:
47 None
48 Other Special Clauses:
49 This bill provides a special effective date.
50 This bill provides a coordination clause.
51 Utah Code Sections Affected:
52 AMENDS:
53 10-8-41.6, as last amended by Laws of Utah 2018, Chapter 231
54 10-8-47 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
55 17-50-333, as last amended by Laws of Utah 2018, Chapter 231
56 26-57-103, as enacted by Laws of Utah 2015, Chapter 132
57 26-62-102, as renumbered and amended by Laws of Utah 2018, Chapter 231
58 26-62-205 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
59 26-62-304 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
60 26-62-305 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
61 51-9-203 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapters 136
62 and 232
63 53-3-229, as last amended by Laws of Utah 2010, Chapters 114 and 276
64 53-3-810, as last amended by Laws of Utah 2010, Chapters 114 and 276
65 53G-8-209, as last amended by Laws of Utah 2019, Chapter 293
66 59-14-703 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
67 63I-1-210, as last amended by Laws of Utah 2018, Chapter 236
68 63I-1-217, as last amended by Laws of Utah 2018, Chapters 236 and 347
69 76-8-311.3, as last amended by Laws of Utah 2010, Chapter 114
70 76-10-101, as last amended by Laws of Utah 2015, Chapters 66, 132 and last amended
71 by Coordination Clause, Laws of Utah 2015, Chapter 132
72 76-10-103 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
73 76-10-104 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
74 76-10-104.1 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
75 76-10-105 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
76 76-10-105.1 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
77 76-10-111, as last amended by Laws of Utah 2010, Chapter 114
78 76-10-112, as enacted by Laws of Utah 1989, Chapter 193
79 77-39-101 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
80 ENACTS:
81 26-62-206, Utah Code Annotated 1953
82 26-62-401, Utah Code Annotated 1953
83 26-62-402, Utah Code Annotated 1953
84 76-10-113, Utah Code Annotated 1953
85 76-10-114, Utah Code Annotated 1953
86 76-10-115, Utah Code Annotated 1953
87 76-10-116, Utah Code Annotated 1953
88 Utah Code Sections Affected by Coordination Clause:
89 10-8-41.6, as last amended by Laws of Utah 2018, Chapter 231
90 17-50-333, as last amended by Laws of Utah 2018, Chapter 231
91 26-62-305, as last amended by Laws of Utah 2019, Chapter 232
92 76-10-111, as last amended by Laws of Utah 2010, Chapter 114
93
94 Be it enacted by the Legislature of the state of Utah:
95 Section 1. Section 10-8-41.6 is amended to read:
96 10-8-41.6. Regulation of retail tobacco specialty business.
97 (1) As used in this section:
98 (a) "Community location" means:
99 (i) a public or private kindergarten, elementary, middle, junior high, or high school;
100 (ii) a licensed child-care facility or preschool;
101 (iii) a trade or technical school;
102 (iv) a church;
103 (v) a public library;
104 (vi) a public playground;
105 (vii) a public park;
106 (viii) a youth center or other space used primarily for youth oriented activities;
107 (ix) a public recreational facility;
108 (x) a public arcade; or
109 (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
110 (b) "Department" means the Department of Health, created in Section 26-1-4.
111 (c) "Electronic cigarette product" means the same as that term is defined in Section
112 76-10-101.
113 (d) "Flavored electronic cigarette product" means the same as that term is defined in
114 Section 76-10-101.
115 [
116 26A-1-102.
117 [
118 a retail tobacco specialty business.
119 [
120 which:
121 (i) the sale of tobacco products and electronic cigarette products accounts for more
122 than 35% of the total quarterly gross receipts for the establishment;
123 (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
124 storage of tobacco products or electronic cigarette products;
125 (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
126 tobacco products or electronic cigarette products; [
127 (iv) the commercial establishment:
128 (A) holds itself out as a retail tobacco specialty business; and
129 (B) causes a reasonable person to believe the commercial establishment is a retail
130 tobacco specialty business;
131 (v) any flavored electronic cigarette product is sold; or
132 [
133 electronic cigarette products.
134 [
135 76-10-105.1.
136 [
137 (i) the same as that term is defined in Section 76-10-101; or
138 (ii) tobacco paraphernalia as defined in Section 76-10-101.
139 [
140
141 [
142 [
143 [
144
145 [
146 (2) The regulation of a retail tobacco specialty business is an exercise of the police
147 powers of the state[
148 powers to other governmental entities.
149 (3) (a) A person may not operate a retail tobacco specialty business in a municipality
150 unless the person obtains a license from the municipality in which the retail tobacco specialty
151 business is located.
152 (b) A municipality may only issue a retail tobacco specialty business license to a
153 person if the person complies with the provisions of Subsections (4) and (5).
154 (4) (a) Except as provided in Subsection (7), a municipality may not issue a license for
155 a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
156 business is located within:
157 (i) 1,000 feet of a community location;
158 (ii) 600 feet of another retail tobacco specialty business; or
159 (iii) 600 feet from property used or zoned for:
160 (A) agriculture use; or
161 (B) residential use.
162 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
163 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
164 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
165 to intervening structures or zoning districts.
166 (5) (a) Except as provided in Subsection (5)(b), beginning July 1, 2018, a municipality
167 may not issue or renew a license for a person to conduct business as a retail tobacco specialty
168 business until the person provides the municipality with proof that the retail tobacco specialty
169 business has:
170 (i) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
171 62, Tobacco Retail Permit, by the local health department having jurisdiction over the area in
172 which the retail tobacco specialty business is located; and
173 (ii) a valid license to sell tobacco products from the State Tax Commission.
174 (b) A person that was licensed to conduct business as a retail tobacco specialty
175 business in a municipality before July 1, 2018, shall obtain a permit from a local health
176 department under Title 26, Chapter 62, Tobacco Retail Permit, on or before January 1, 2019.
177 (6) (a) Nothing in this section:
178 (i) requires a municipality to issue a retail tobacco specialty business license; or
179 (ii) prohibits a municipality from adopting more restrictive requirements on a person
180 seeking a license or renewal of a license to conduct business as a retail tobacco specialty
181 business.
182 (b) A municipality may suspend or revoke a retail tobacco specialty business license
183 issued under this section:
184 (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
185 Part 16, Pattern of Unlawful Activity Act;
186 (ii) if a licensee violates [
187 the sale and distribution of [
188 cigarette products to protect children and adolescents [
189
190 (iii) upon the recommendation of the department or a local health department under
191 Title 26, Chapter 62, Tobacco Retail Permit; or
192 (iv) under any other provision of state law or local ordinance.
193 (7) (a) [
194 retail tobacco specialty business that has a business license and is operating in a municipality in
195 accordance with all applicable laws except for the requirement in Subsection (4), on or before
196 December 31, [
197 (b) A retail tobacco specialty business may maintain an exemption under Subsection
198 (7)(a) if:
199 (i) the retail tobacco specialty business license is renewed continuously without lapse
200 or permanent revocation;
201 (ii) the retail tobacco specialty business does not close for business or otherwise
202 suspend the sale of tobacco products for more than 60 consecutive days;
203 (iii) the retail tobacco specialty business does not substantially change the business
204 premises or business operation; and
205 (iv) the retail tobacco specialty business maintains the right to operate under the terms
206 of other applicable laws, including:
207 (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
208 (B) zoning ordinances;
209 (C) building codes; and
210 (D) the requirements of a retail tobacco specialty business license issued before
211 December 31, [
212 (8) Beginning August 15, 2020, a retail tobacco specialty business that has a business
213 license and is operating in a municipality may not be located within 1,000 feet of any school.
214 Section 2. Section 10-8-47 (Effective 07/01/20) is amended to read:
215 10-8-47 (Effective 07/01/20). Intoxication -- Fights -- Disorderly conduct --
216 Assault and battery -- Petit larceny -- Riots and disorderly assemblies -- Firearms and
217 fireworks -- False pretenses and embezzlement -- Sale of liquor, narcotics, or tobacco to
218 minors -- Possession of controlled substances -- Treatment of alcoholics and narcotics or
219 drug addicts.
220 (1) A municipal legislative body may:
221 (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
222 bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
223 battery and petit larceny;
224 (b) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
225 house, or place in the city;
226 (c) regulate and prevent the discharge of firearms, rockets, powder, fireworks in
227 accordance with Section 53-7-225, or any other dangerous or combustible material;
228 (d) provide against and prevent the offense of obtaining money or property under false
229 pretenses and the offense of embezzling money or property in the cases when the money or
230 property embezzled or obtained under false pretenses does not exceed in value the sum of
231 $500;
232 (e) prohibit the sale, giving away, or furnishing of narcotics or alcoholic beverages to
233 an individual younger than 21 years old; or
234 (f) prohibit the sale, giving away, or furnishing of [
235 product or an electronic cigarette product, as those terms are defined in Section 76-10-101, to
236 an individual younger than[
237
238 (2) A city may:
239 (a) by ordinance, prohibit the possession of controlled substances as defined in the
240 Utah Controlled Substances Act or any other endangering or impairing substance, provided the
241 conduct is not a class A misdemeanor or felony; and
242 (b) provide for treatment of alcoholics, narcotic addicts, and other individuals who are
243 addicted to the use of drugs or intoxicants such that an individual substantially lacks the
244 capacity to control the individual's use of the drugs or intoxicants, and judicial supervision may
245 be imposed as a means of effecting the individual's rehabilitation.
246 Section 3. Section 17-50-333 is amended to read:
247 17-50-333. Regulation of retail tobacco specialty business.
248 (1) As used in this section:
249 (a) "Community location" means:
250 (i) a public or private kindergarten, elementary, middle, junior high, or high school;
251 (ii) a licensed child-care facility or preschool;
252 (iii) a trade or technical school;
253 (iv) a church;
254 (v) a public library;
255 (vi) a public playground;
256 (vii) a public park;
257 (viii) a youth center or other space used primarily for youth oriented activities;
258 (ix) a public recreational facility;
259 (x) a public arcade; or
260 (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
261 (b) "Department" means the Department of Health, created in Section 26-1-4.
262 (c) "Electronic cigarette product" means the same as that term is defined in Section
263 76-10-101.
264 (d) "Flavored electronic cigarette product" means the same as that term is defined in
265 Section 76-10-101.
266 [
267 retail tobacco specialty business.
268 [
269 26A-1-102.
270 [
271 which:
272 (i) the sale of tobacco products and electronic cigarette products accounts for more
273 than 35% of the total quarterly gross receipts for the establishment;
274 (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
275 storage of tobacco products or electronic cigarette products;
276 (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
277 tobacco products or electronic cigarette products; [
278 (iv) the commercial establishment:
279 (A) holds itself out as a retail tobacco specialty business; and
280 (B) causes a reasonable person to believe the commercial establishment is a retail
281 tobacco specialty business;
282 (v) any flavored electronic cigarette product is sold; or
283 [
284 electronic cigarette products.
285 [
286 76-10-105.1.
287 [
288 (i) the same as that term is defined in Section 76-10-101; or
289 (ii) tobacco paraphernalia as defined in Section 76-10-101.
290 [
291
292 [
293 [
294 [
295
296 [
297 (2) The regulation of a retail tobacco specialty business is an exercise of the police
298 powers of the state[
299 police power to other governmental entities.
300 (3) (a) A person may not operate a retail tobacco specialty business in a county unless
301 the person obtains a license from the county in which the retail tobacco specialty business is
302 located.
303 (b) A county may only issue a retail tobacco specialty business license to a person if
304 the person complies with the provisions of Subsections (4) and (5).
305 (4) (a) Except as provided in Subsection (7), a county may not issue a license for a
306 person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
307 business is located within:
308 (i) 1,000 feet of a community location;
309 (ii) 600 feet of another retail tobacco specialty business; or
310 (iii) 600 feet from property used or zoned for:
311 (A) agriculture use; or
312 (B) residential use.
313 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
314 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
315 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
316 to intervening structures or zoning districts.
317 (5) (a) Except as provided in Subsection (5)(b), beginning July 1, 2018, a county may
318 not issue or renew a license for a person to conduct business as a retail tobacco specialty
319 business until the person provides the county with proof that the retail tobacco specialty
320 business has:
321 (i) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
322 62, Tobacco Retail Permit, by the local health department having jurisdiction over the area in
323 which the retail tobacco specialty business is located; and
324 (ii) a valid license to sell tobacco products from the State Tax Commission.
325 (b) A person that was licensed to conduct business as a retail tobacco specialty
326 business in a county before July 1, 2018, shall obtain a permit from a local health department
327 under Title 26, Chapter 62, Tobacco Retail Permit, on or before January 1, 2019.
328 (6) (a) Nothing in this section:
329 (i) requires a county to issue a retail tobacco specialty business license; or
330 (ii) prohibits a county from adopting more restrictive requirements on a person seeking
331 a license or renewal of a license to conduct business as a retail tobacco specialty business.
332 (b) A county may suspend or revoke a retail tobacco specialty business license issued
333 under this section:
334 (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
335 Part 16, Pattern of Unlawful Activity Act;
336 (ii) if a licensee violates [
337 the sale and distribution of [
338 cigarette products to protect children and adolescents [
339
340 (iii) upon the recommendation of the department or a local health department under
341 Title 26, Chapter 62, Tobacco Retail Permit; or
342 (iv) under any other provision of state law or local ordinance.
343 (7) (a) [
344 retail tobacco specialty business that has a business license and is operating in a county in
345 accordance with all applicable laws except for the requirement in Subsection (4), on or before
346 December 31, [
347 (b) A retail tobacco specialty business may maintain an exemption under Subsection
348 (7)(a) if:
349 (i) the retail tobacco specialty business license is renewed continuously without lapse
350 or permanent revocation;
351 (ii) the retail tobacco specialty business does not close for business or otherwise
352 suspend the sale of tobacco products for more than 60 consecutive days;
353 (iii) the retail tobacco specialty business does not substantially change the business
354 premises or business operation; and
355 (iv) the retail tobacco specialty business maintains the right to operate under the terms
356 of other applicable laws, including:
357 (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
358 (B) zoning ordinances;
359 (C) building codes; and
360 (D) the requirements of a retail tobacco specialty business license issued before
361 December 31, [
362 (8) Beginning August 15, 2020, a retail tobacco specialty business that has a business
363 license and is operating in a county may not be located within 1,000 feet of any school.
364 Section 4. Section 26-57-103 is amended to read:
365 26-57-103. Electronic cigarette products -- Labeling -- Manufacturing and
366 quality control standards -- Advertising.
367 (1) The department shall, in consultation with a local health department, as defined in
368 Section 26A-1-102, and with input from members of the public, establish[
369
370 Rulemaking Act, the standards for electronic cigarette substance:
371 (a) labeling;
372 (b) nicotine content;
373 (c) packaging; and
374 (d) product quality.
375 [
376
377 (2) On or before January 1, 2021, the department shall, in consultation with a local
378 health department, as defined in Section 26A-1-102, and with input from members of the
379 public, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
380 Rulemaking Act, the standards for manufacturer sealed electronic cigarette substance:
381 (a) labeling;
382 (b) nicotine content;
383 (c) packaging; and
384 (d) product quality.
385 (3) (a) [
386 substance unless the electronic cigarette substance complies with the standards established by
387 the department under Subsection (1).
388 (b) Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic
389 cigarette substance unless the manufacturer sealed electronic cigarette substance complies with
390 the standards established by the department under Subsection (2).
391 (4) (a) [
392 regulation regarding electronic cigarette substance labeling, nicotine content, packaging, or
393 product quality that is not identical to the standards established by the department under
394 [
395 (b) Except as provided in Subsection (4)(c), a local health department may enact a rule
396 or regulation regarding electronic cigarette substance manufacturing.
397 (c) A local health department may not enact a rule or regulation regarding a
398 manufacturer sealed electronic cigarette substance.
399 (5) [
400 product:
401 (a) as a tobacco cessation device;
402 (b) if the person is not licensed to sell an electronic cigarette product under Section
403 59-14-803; or
404 (c) during a period of time when the person's license to sell an electronic cigarette
405 product under Section 59-14-803 has been suspended or revoked.
406 Section 5. Section 26-62-102 is amended to read:
407 26-62-102. Definitions.
408 As used in this chapter:
409 (1) "Community location" means the same as that term is defined:
410 (a) as it relates to a municipality, in Section 10-8-41.6; and
411 (b) as it relates to a county, in Section 17-50-333.
412 (2) "Electronic cigarette product" means the same as that term is defined in Section
413 76-10-101.
414 [
415 [
416 department enforcing the provisions of this chapter.
417 [
418 specialty business.
419 [
420 26A-1-102.
421 (7) "Owner" means a person holding a 20% ownership interest in the business that is
422 required to obtain a permit under this chapter.
423 [
424 (9) (a) "Proof of age" means:
425 (i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
426 Card Act;
427 (ii) a valid identification that:
428 (A) is substantially similar to an identification card issued under Title 53, Chapter 3,
429 Part 8, Identification Card Act;
430 (B) is issued in accordance with the laws of a state other than Utah in which the
431 identification is issued;
432 (C) includes date of birth; and
433 (D) has a picture affixed;
434 (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
435 Driver License Act, or in accordance with the laws of the state in which the valid driver license
436 is issued;
437 (iv) a valid United States military identification card that:
438 (A) includes date of birth; and
439 (B) has a picture affixed; or
440 (v) a valid passport.
441 (b) "Proof of age" does not include a valid driving privilege card issued in accordance
442 with Section 53-3-207.
443 [
444 (a) as it relates to a municipality, in Section 10-8-41.6; and
445 (b) as it relates to a county, in Section 17-50-333.
446 [
447 Commission under:
448 (a) Section 59-14-201 to sell cigarettes at retail;
449 (b) Section 59-14-301 to sell tobacco products at retail; or
450 (c) Section 59-14-803 to sell an electronic cigarette product.
451 [
452 (a) the same as that term is defined in Section 76-10-101; or
453 (b) tobacco paraphernalia as defined in Section 76-10-101.
454 [
455
456 [
457 [
458 [
459
460 [
461 [
462 commission license.
463 Section 6. Section 26-62-205 (Effective 07/01/20) is amended to read:
464 26-62-205 (Effective 07/01/20). Permit requirements for a retail tobacco specialty
465 business.
466 A retail tobacco specialty business shall:
467 (1) electronically verify proof of age for any individual that enters the premises of the
468 business in accordance with Part 4, Proof of Age Requirements;
469 [
470 entering the business if the individual is[
471
472 [
473 public entrance of the business that communicates:
474 (a) the prohibition on the presence of an individual under 21 years old in a retail
475 tobacco specialty business in Subsection 76-10-105.1(4); and
476 (b) the prohibition on the sale of tobacco products and electronic cigarette products to
477 an individual under 21 years old as described in Sections 76-10-104, 76-10-104.1, 76-10-105.1,
478 and 76-10-114.
479 Section 7. Section 26-62-206 is enacted to read:
480 26-62-206. Permit requirements for the sale of tobacco products and electronic
481 cigarette products.
482 (1) A tobacco retailer shall:
483 (a) provide the customer with an itemized receipt for each sale of a tobacco product or
484 an electronic cigarette product that separately identifies:
485 (i) the name of the tobacco product or the electronic cigarette product;
486 (ii) the amount charged for each tobacco product or electronic cigarette product; and
487 (iii) the time and date of the sale; and
488 (b) maintain an itemized transaction log for each sale of a tobacco product or an
489 electronic cigarette product that separately identifies:
490 (i) the name of the tobacco product or the electronic cigarette product;
491 (ii) the amount charged for each tobacco product or electronic cigarette product; and
492 (iii) the date and time of the sale.
493 (2) The itemized transaction log described in Subsection (1)(b) shall be:
494 (a) maintained for at least one year after the date of each transaction in the itemized
495 transaction log; and
496 (b) made available to an enforcing agency or a peace officer at the request of the
497 enforcing agency or the peace officer that is no less restrictive than the provisions in this part.
498 Section 8. Section 26-62-304 (Effective 07/01/20) is amended to read:
499 26-62-304 (Effective 07/01/20). Hearing -- Evidence of criminal conviction.
500 (1) At a civil hearing conducted under Section 26-62-302, evidence of the final
501 criminal conviction of a tobacco retailer or employee for violation of Section [
502 76-10-114 at the same location and within the same time period as the location and time period
503 alleged in the civil hearing for violation of this chapter for sale of tobacco products to an
504 individual under [
505 chapter[
506 [
507 [
508 (2) If the tobacco retailer is convicted of violating Section [
509 enforcing agency:
510 (a) may not assess an additional monetary penalty under this chapter for the same
511 offense for which the conviction was obtained; and
512 (b) may revoke or suspend a permit in accordance with Section 26-62-305 or
513 26-62-402.
514 Section 9. Section 26-62-305 (Effective 07/01/20) is amended to read:
515 26-62-305 (Effective 07/01/20). Penalties.
516 (1) (a) If[
517
518 that a person has violated the terms of a permit issued under this chapter, the enforcing agency
519 may impose the penalties described in this section.
520 (b) If multiple violations are found in a single inspection by an enforcing agency or
521 investigation[
522
523 enforcing agency shall treat the multiple violations as one single violation under Subsections
524 (2), (3), and (4).
525 (2) Except as provided in Subsection (3) and Section 26-62-402, if a violation is found
526 in an inspection by an enforcing agency or an investigation by a law enforcement agency under
527 Section 77-39-101, the enforcing agency shall:
528 (a) on a first violation at a retail location [
529 $500[
530 (b) [
531 that occurs within one year of a previous violation [
532 $750[
533 (c) [
534 retail location that occurs within two years after two [
535 (i) a suspension of the [
536 within 60 days after the day on which the third [
537 (ii) a penalty of [
538 [
539 [
540
541 [
542
543 [
544 [
545 [
546
547 (d) on a fourth or subsequent violation within two years of three previous violations:
548 (i) impose a penalty of no more than $1,000;
549 (ii) revoke a permit of the retailer; and
550 (iii) if applicable, recommend to a municipality or county that a retail tobacco specialty
551 business license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.
552 (3) If a violation is found in an investigation of a general tobacco retailer by a law
553 enforcement agency under Section 77-39-101 for the sale of a tobacco product or an electronic
554 cigarette product to an individual under 21 years old and the violation is committed by the
555 owner of the general tobacco retailer, the enforcing agency shall:
556 (a) on a first violation, impose a fine of no more than $2,000 on the general tobacco
557 retailer; and
558 (b) on the second violation for the same general tobacco retailer within one year of the
559 first violation:
560 (i) impose a fine not exceeding $5,000; and
561 (ii) revoke the permit for the general tobacco retailer.
562 (4) If a violation is found in an investigation of a retail tobacco specialty business by a
563 law enforcement agency under Section 77-39-101 for the sale of a tobacco product or an
564 electronic cigarette product to an individual under 21 years old, the enforcing agency shall
565 apply the provisions of Section 26-62-402.
566 [
567 health department may not issue a permit to:
568 (i) a tobacco retailer for whom a permit is suspended or revoked under Subsection (2)
569 or (3) or Section 26-62-402; or
570 (ii) a tobacco retailer that has the same proprietor, director, corporate officer, partner,
571 or other holder of significant interest as another tobacco retailer for whom a permit is
572 suspended or revoked under Subsection (2) or (3) or Section 26-62-402.
573 (b) A person whose permit:
574 (i) is suspended under this section may not apply for a new permit for any other
575 tobacco retailer for a period of 12 months after the day on which an enforcing agency suspends
576 the permit; and
577 (ii) is revoked under this section or Section 26-62-402 may not apply for a new permit
578 for any tobacco retailer for a period of 24 months after the day on which an enforcing agency
579 revokes the permit.
580 [
581 Section 26-62-402 that occur at a tobacco retailer location shall stay on the record for that
582 tobacco retailer location unless:
583 (a) the tobacco retailer is transferred to a new proprietor; and
584 (b) the new proprietor provides documentation to the local health department that the
585 new proprietor is acquiring the tobacco retailer in an arm's length transaction from the previous
586 proprietor.
587 Section 10. Section 26-62-401 is enacted to read:
588
589 26-62-401. Verification of proof of age.
590 (1) As used in this section:
591 (a) "Employee" means an employee of a retail tobacco specialty business.
592 (b) "Electronic verification program" means a technology used by a retail tobacco
593 specialty business to confirm proof of age for an individual.
594 (2) A retail tobacco specialty business shall require that an employee verify proof of
595 age as provided in this section.
596 (3) To comply with Subsection (2), an employee shall:
597 (a) request the individual present proof of age; and
598 (b) verify the validity of the proof of age electronically in accordance with Subsection
599 (4).
600 (4) A retail tobacco specialty business shall use an electronic verification program to
601 assist the business in complying with the requirements of this section.
602 (5) (a) A retail tobacco specialty business may not disclose information obtained under
603 this section except as provided under this part.
604 (b) Information obtained under this section:
605 (i) shall be kept for at least 180 days; and
606 (ii) is subject to inspection upon request by a peace officer or the representative of an
607 enforcing agency.
608 (6) (a) If an employee does not verify proof of age under this section, the employee
609 may not permit an individual to:
610 (i) except as provided in Subsection (6)(b), enter a retail tobacco specialty business; or
611 (ii) purchase a tobacco product or an electronic cigarette product.
612 (b) In accordance with Subsection 76-10-105.1(4), an individual who is under 21 years
613 old may be permitted to enter a retail tobacco specialty business if:
614 (i) the individual is accompanied by a parent or legal guardian who provides proof of
615 age; or
616 (ii) the individual is present at the retail tobacco specialty shop for a bona fide
617 commercial purpose other than to purchase a tobacco product or an electronic cigarette product.
618 (7) To determine whether the individual described in Subsection (2) is 21 years old or
619 older, the following may request an individual described in Subsection (2) to present proof of
620 age:
621 (a) an employee;
622 (b) a peace officer; or
623 (c) a representative of an enforcing agency.
624 Section 11. Section 26-62-402 is enacted to read:
625 26-62-402. Penalties.
626 (1) Except as provided in Subsection (2), if a violation of this part is found in an
627 investigation of a retail tobacco specialty business by a law enforcement agency under Section
628 77-39-101, the enforcing agency shall:
629 (a) on a first violation, impose a penalty of no more than $500 on the retail tobacco
630 specialty business;
631 (b) on a second violation for the same retail tobacco specialty business that occurs
632 within one year of a previous violation, impose a penalty of no more than $750;
633 (c) on a third violation for the same retail tobacco specialty business that occurs within
634 two years of the two previous violations, impose:
635 (i) a suspension of the permit for 30 consecutive business days within 60 days after the
636 day on which the third violation occurs; or
637 (ii) a penalty of no more than $1,000; and
638 (d) on a fourth or subsequent violation within two years of the three previous
639 violations:
640 (i) impose a penalty of no more than $1,000;
641 (ii) revoke the permit of the retail tobacco specialty business; and
642 (iii) recommend to a municipality or county that a retail tobacco specialty business
643 license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.
644 (2) If a violation of this part is committed by the owner and is found in an investigation
645 of a retail tobacco specialty business by a law enforcement agency under Section 77-39-101,
646 the enforcing agency shall:
647 (a) on a first violation, impose a fine not exceeding $2,000; and
648 (b) on a second violation at the same retail tobacco specialty business within one year
649 of the first violation:
650 (i) impose a fine not exceeding $5,000;
651 (ii) revoke the retail tobacco specialty business's permit; and
652 (iii) recommend to a municipality or county that the retail tobacco specialty license
653 issued under Section 10-8-61.6 or 17-50-333 to the retail tobacco specialty business be
654 suspended or revoked.
655 (3) If multiple violations are found in a single investigation by a law enforcement
656 agency under Section 77-39-101, the enforcing agency shall treat the multiple violations as a
657 single violation.
658 Section 12. Section 51-9-203 (Effective 07/01/20) is amended to read:
659 51-9-203 (Effective 07/01/20). Requirements for tobacco and electronic cigarette
660 programs.
661 (1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
662 cessation, or control program, an organization, whether private, governmental, or
663 quasi-governmental, shall:
664 (a) submit a request to the Department of Health containing the following information:
665 (i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
666 sound management and periodic evaluation of the campaign's relevance to the intended
667 audience, particularly in campaigns directed toward youth, including audience awareness of the
668 campaign and recollection of the main message;
669 (ii) for school-based education programs to prevent and reduce youth smoking, the
670 request shall describe how the program will be effective in preventing and reducing youth
671 smoking;
672 (iii) for community-based programs to prevent and reduce smoking, the request shall
673 demonstrate that the proposed program:
674 (A) has a comprehensive strategy with a clear mission and goals;
675 (B) provides for committed, caring, and professional leadership; and
676 (C) if directed toward youth:
677 (I) offers youth-centered activities in youth accessible facilities;
678 (II) is culturally sensitive, inclusive, and diverse;
679 (III) involves youth in the planning, delivery, and evaluation of services that affect
680 them; and
681 (IV) offers a positive focus that is inclusive of all youth; and
682 (iv) for enforcement, control, and compliance program, the request shall demonstrate
683 that the proposed program can reasonably be expected to reduce the extent to which [
684
685 Section 76-10-101, are available to individuals under [
686
687 old;
688 (b) agree, by contract, to file an annual written report with the Department of Health
689 that contains the following:
690 (i) the amount funded;
691 (ii) the amount expended;
692 (iii) a description of the program or campaign and the number of adults and youth who
693 participated;
694 (iv) specific elements of the program or campaign meeting the applicable criteria set
695 forth in Subsection (1)(a); and
696 (v) a statement concerning the success and effectiveness of the program or campaign;
697 (c) agree, by contract, to not use any funds received under this part directly or
698 indirectly, to:
699 (i) engage in any lobbying or political activity, including the support of, or opposition
700 to, candidates, ballot questions, referenda, or similar activities; or
701 (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to
702 enforce:
703 (A) the provisions of the Master Settlement Agreement;
704 (B) Title 26, Chapter 38, Utah Indoor Clean Air Act;
705 (C) Title 26, Chapter 62, Part 3, Enforcement; and
706 (D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and
707 (d) agree, by contract, to repay the funds provided under this part if the organization:
708 (i) fails to file a timely report as required by Subsection (1)(b); or
709 (ii) uses any portion of the funds in violation of Subsection (1)(c).
710 (2) The Department of Health shall review and evaluate the success and effectiveness
711 of any program or campaign that receives funding pursuant to a request submitted under
712 Subsection (1). The review and evaluation:
713 (a) shall include a comparison of annual smoking trends;
714 (b) may be conducted by an independent evaluator; and
715 (c) may be paid for by funds appropriated from the account for that purpose.
716 (3) The Department of Health shall annually report to the Social Services
717 Appropriations Subcommittee on the reviews conducted pursuant to Subsection (2).
718 (4) An organization that fails to comply with the contract requirements set forth in
719 Subsection (1) shall:
720 (a) repay the state as provided in Subsection (1)(d); and
721 (b) be disqualified from receiving funds under this part in any subsequent fiscal year.
722 (5) The attorney general shall be responsible for recovering funds that are required to
723 be repaid to the state under this section.
724 (6) Nothing in this section may be construed as applying to funds that are not
725 appropriated under this part.
726 Section 13. Section 53-3-229 is amended to read:
727 53-3-229. Prohibited uses of license certificate -- Penalty.
728 (1) It is a class C misdemeanor for [
729 (a) lend or knowingly permit the use of a license certificate issued to the [
730 individual, by [
731 (b) display or [
732 license certificate not issued to the [
733 (c) refuse to surrender to the division or a peace officer upon demand any license
734 certificate issued by the division;
735 (d) use a false name or give a false address in any application for a license or any
736 renewal or duplicate of the license certificate, or to knowingly make a false statement, or to
737 knowingly conceal a material fact or otherwise commit a fraud in the application;
738 (e) display a canceled, denied, revoked, suspended, or disqualified driver license
739 certificate as a valid driver license certificate;
740 (f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
741 driver license certificate issued by a governmental entity if the item is not an authentic driver
742 license certificate issued by that governmental entity; or
743 (g) alter any information on an authentic driver license certificate so that it no longer
744 represents the information originally displayed.
745 (2) The provisions of Subsection (1)(e) do not prohibit the use of [
746 individual's driver license certificate as a means of personal identification.
747 (3) It is a class A misdemeanor to knowingly:
748 (a) issue a driver license certificate with false or fraudulent information;
749 (b) issue a driver license certificate to [
750 years [
751 an individual who is younger than 21 years [
752 (c) acquire, use, display, or transfer a false or altered driver license certificate to
753 procure[
754 Section 76-10-101.
755 [
756 [
757 [
758 [
759 (4) [
760 license certificate to procure alcoholic beverages, gain admittance to a place where alcoholic
761 beverages are sold or consumed, or obtain employment that may not be obtained by a minor in
762 violation of Section 32B-1-403.
763 (5) It is a third degree felony if [
764 transfer of a false or altered driver license certificate:
765 (a) aids or furthers the [
766 services; or
767 (b) aids or furthers the [
768 Section 14. Section 53-3-810 is amended to read:
769 53-3-810. Prohibited uses of identification card -- Penalties.
770 (1) It is a class C misdemeanor to:
771 (a) lend or knowingly permit the use of an identification card issued to the [
772 individual, by [
773 (b) display or to represent as the [
774 identification card not issued to the [
775 (c) refuse to surrender to the division or a peace officer upon demand any identification
776 card issued by the division;
777 (d) use a false name or give a false address in any application for an identification card
778 or any renewal or duplicate of the identification card, or to knowingly make a false statement,
779 or to knowingly conceal a material fact in the application;
780 (e) display a revoked identification card as a valid identification card;
781 (f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
782 identification card issued by a governmental entity if the item is not an authentic identification
783 card issued by that governmental entity; or
784 (g) alter any information contained on an authentic identification card so that it no
785 longer represents the information originally displayed.
786 (2) It is a class A misdemeanor to knowingly:
787 (a) issue an identification card with false or fraudulent information;
788 (b) issue an identification card to [
789 years [
790 individual who is younger than 21 years [
791 (c) acquire, use, display, or transfer a false or altered identification card to procure[
792 tobacco product or an electronic cigarette product, as those terms are defined in Section
793 76-10-101.
794 [
795 [
796 [
797 [
798 (3) [
799 altered identification card to procure alcoholic beverages, gain admittance to a place where
800 alcoholic beverages are sold or consumed, or obtain employment that may not be obtained by a
801 minor in violation of Section 32B-1-403.
802 (4) It is a third degree felony if [
803 transfer of a false or altered identification card:
804 (a) aids or furthers the [
805 services; or
806 (b) aids or furthers the [
807 Section 15. Section 53G-8-209 is amended to read:
808 53G-8-209. Extracurricular activities -- Prohibited conduct -- Reporting of
809 violations -- Limitation of liability.
810 (1) The Legislature recognizes that:
811 (a) participation in student government and extracurricular activities may confer
812 important educational and lifetime benefits upon students, and encourages school districts and
813 charter schools to provide a variety of opportunities for all students to participate in such
814 activities in meaningful ways;
815 (b) there is no constitutional right to participate in these types of activities, and does
816 not through this section or any other provision of law create such a right;
817 (c) students who participate in student government and extracurricular activities,
818 particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
819 those activities, become role models for others in the school and community;
820 (d) these individuals often play major roles in establishing standards of acceptable
821 behavior in the school and community, and establishing and maintaining the reputation of the
822 school and the level of community confidence and support afforded the school; and
823 (e) it is of the utmost importance that those involved in student government, whether as
824 officers or advisors, and those involved in competitive athletics and related activities, whether
825 students or staff, comply with all applicable laws and standards of behavior and conduct
826 themselves at all times in a manner befitting their positions and responsibilities.
827 (2) (a) The state board may, and local school boards and charter school governing
828 boards shall, adopt rules or policies implementing this section that apply to both students and
829 staff.
830 (b) The rules or policies described in Subsection (2)(a) shall include prohibitions
831 against the following types of conduct in accordance with Section 53G-8-211, while in the
832 classroom, on school property, during school sponsored activities, or regardless of the location
833 or circumstance, affecting a person or property described in Subsections 53G-8-203(1)(e)(i)
834 through (iv):
835 (i) the use of foul, abusive, or profane language while engaged in school related
836 activities;
837 (ii) the illicit use, possession, or distribution of:
838 (A) a controlled [
839
840
841 (B) a tobacco product or an electronic cigarette product, as those terms are defined in
842 Section 76-10-101; or
843 (C) an alcoholic beverage;
844 (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
845 behavior involving physical violence, restraint, improper touching, or inappropriate exposure
846 of body parts not normally exposed in public settings, forced ingestion of any substance, or any
847 act which would constitute a crime against a person or public order under Utah law.
848 (3) (a) School employees who reasonably believe that a violation of this section may
849 have occurred shall immediately report that belief to the school principal, district
850 superintendent, or chief administrative officer of a charter school.
851 (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
852 alleged incident, and actions taken in response, to the district superintendent or the
853 superintendent's designee within 10 working days after receipt of the report.
854 (c) Failure of a person holding a professional certificate to report as required under this
855 Subsection (3) constitutes an unprofessional practice.
856 (4) Limitations of liability set forth under Section 53G-8-405 apply to this section.
857 Section 16. Section 59-14-703 (Effective 07/01/20) is amended to read:
858 59-14-703 (Effective 07/01/20). Certification of cigarette rolling machine
859 operators -- Renewal of certification -- Requirements for certification or renewal of
860 certification -- Denial.
861 (1) A cigarette rolling machine operator may not perform the following without first
862 obtaining certification from the commission as provided in this part:
863 (a) locate a cigarette rolling machine within this state;
864 (b) make or offer to make a cigarette rolling machine available for use within this state;
865 or
866 (c) offer a cigarette for sale within this state if the cigarette is produced by:
867 (i) the cigarette rolling machine operator; or
868 (ii) another person at the location of the cigarette rolling machine operator's cigarette
869 rolling machine.
870 (2) A cigarette rolling machine operator shall renew its certification as provided in this
871 section.
872 (3) The commission shall prescribe a form for certifying a cigarette rolling machine
873 operator under this part.
874 (4) (a) A cigarette rolling machine operator shall apply to the commission for
875 certification before the cigarette rolling machine operator performs an act described in
876 Subsection (1) within the state for the first time.
877 (b) A cigarette rolling machine operator shall apply to the commission for a renewal of
878 certification on or before the earlier of:
879 (i) December 31 of each year; or
880 (ii) the day on which there is a change in any of the information the cigarette rolling
881 machine operator provides on the form described in Subsection (3).
882 (5) To obtain certification or renewal of certification under this section from the
883 commission, a cigarette rolling machine operator shall:
884 (a) identify:
885 (i) the cigarette rolling machine operator's name and address;
886 (ii) the location, make, and brand of the cigarette rolling machine operator's cigarette
887 rolling machine; and
888 (iii) each person from whom the cigarette rolling machine operator will purchase or be
889 provided tobacco products that the cigarette rolling machine operator will use to produce
890 cigarettes; and
891 (b) certify, under penalty of perjury, that:
892 (i) the tobacco to be used in the cigarette rolling machine operator's cigarette rolling
893 machine, regardless of the tobacco's label or description, shall be only of a:
894 (A) brand family listed on the commission's directory listing required by Section
895 59-14-603; and
896 (B) tobacco product manufacturer listed on the commission's directory listing required
897 by Section 59-14-603;
898 (ii) the cigarette rolling machine operator shall prohibit another person who uses the
899 cigarette rolling machine operator's cigarette rolling machine from using tobacco, a wrapper, or
900 a cover except for tobacco, a wrapper, or a cover purchased by or provided to the cigarette
901 rolling machine operator from a person identified in accordance with Subsection (5)(a)(iii);
902 (iii) the cigarette rolling machine operator holds a current license issued in accordance
903 with this chapter;
904 (iv) the cigarettes produced from the cigarette rolling machine shall comply with Title
905 53, Chapter 7, Part 4, The Reduced Cigarette Ignition Propensity and Firefighter Protection
906 Act;
907 (v) the cigarette rolling machine shall be located in a separate and defined area where
908 the cigarette rolling machine operator ensures that an individual younger than [
909
910 (A) present at any time; or
911 (B) permitted to enter at any time; and
912 (vi) the cigarette rolling machine operator may not barter, distribute, exchange, offer,
913 or sell cigarettes produced from a cigarette rolling machine in a quantity of less than 20
914 cigarettes per retail transaction.
915 [
916 [
917 [
918 [
919 the requirements for certification or renewal of certification under this section, the commission
920 shall grant the certification or renewal of certification.
921 [
922 not meet the requirements for certification or renewal of certification under this section, the
923 commission shall:
924 (a) deny the certification or renewal of certification; and
925 (b) provide the cigarette rolling machine operator the grounds for denial of the
926 certification or renewal of certification in writing.
927 Section 17. Section 63I-1-210 is amended to read:
928 63I-1-210. Repeal dates, Title 10.
929 (1) Subsection 10-8-41.6(7), the language that states "December 31, 2018" is repealed
930 July 1, 2022, and replaced with "December 31, 2015".
931 (2) Section 10-9a-526 is repealed December 31, 2020.
932 Section 18. Section 63I-1-217 is amended to read:
933 63I-1-217. Repeal dates, Title 17.
934 (1) Subsection 17-16-21(2)(d) is repealed July 1, 2023.
935 (2) Subsection 17-50-333(7), the language that states "December 31, 2018" is repealed
936 July 1, 2022, and replaced with "December 31, 2015".
937 Section 19. Section 76-8-311.3 is amended to read:
938 76-8-311.3. Items prohibited in correctional and mental health facilities --
939 Penalties.
940 (1) As used in this section:
941 (a) "Contraband" means any item not specifically prohibited for possession by
942 offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
943 (b) "Controlled substance" means any substance defined as a controlled substance
944 under Title 58, Chapter 37, Utah Controlled Substances Act.
945 (c) "Correctional facility" means:
946 (i) any facility operated by or contracting with the Department of Corrections to house
947 offenders in either a secure or nonsecure setting;
948 (ii) any facility operated by a municipality or a county to house or detain criminal
949 offenders;
950 (iii) any juvenile detention facility; and
951 (iv) any building or grounds appurtenant to the facility or lands granted to the state,
952 municipality, or county for use as a correctional facility.
953 (d) "Electronic cigarette[
954 Section 76-10-101.
955 (e) "Medicine" means any prescription drug as defined in Title 58, Chapter 17b,
956 Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58,
957 Chapter 37, Utah Controlled Substances Act.
958 (f) "Mental health facility" is as defined in Section 62A-15-602.
959 (g) "Offender" means a person in custody at a correctional facility.
960 (h) "Secure area" is as defined in Section 76-8-311.1.
961 (i) "Tobacco product" means the same as that term is defined in Section 76-10-101.
962 (2) Notwithstanding Section 76-10-500, a correctional or mental health facility may
963 provide by rule that no firearm, ammunition, dangerous weapon, implement of escape,
964 explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in any
965 quantity may be:
966 (a) transported to or upon a correctional or mental health facility;
967 (b) sold or given away at any correctional or mental health facility;
968 (c) given to or used by any offender at a correctional or mental health facility; or
969 (d) knowingly or intentionally possessed at a correctional or mental health facility.
970 (3) It is a defense to any prosecution under this section if the accused in committing the
971 act made criminal by this section with respect to:
972 (a) a correctional facility operated by the Department of Corrections, acted in
973 conformity with departmental rule or policy;
974 (b) a correctional facility operated by a municipality, acted in conformity with the
975 policy of the municipality;
976 (c) a correctional facility operated by a county, acted in conformity with the policy of
977 the county; or
978 (d) a mental health facility, acted in conformity with the policy of the mental health
979 facility.
980 (4) (a) [
981 into a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or
982 implement of escape with intent to provide or sell it to any offender, is guilty of a second
983 degree felony.
984 (b) [
985 facility, or any detainee at a secure area of a mental health facility, any firearm, ammunition,
986 dangerous weapon, or implement of escape is guilty of a second degree felony.
987 (c) [
988 possesses at a secure area of a mental health facility, any firearm, ammunition, dangerous
989 weapon, or implement of escape is guilty of a second degree felony.
990 (d) [
991 the correctional facility or the secure area of a mental health facility, knowingly possesses at a
992 correctional facility or a secure area of a mental health facility any firearm, ammunition,
993 dangerous weapon, or implement of escape is guilty of a third degree felony.
994 (e) [
995 intentionally transports, possesses, distributes, or sells any explosive in a correctional facility or
996 mental health facility.
997 (5) (a) [
998 permission of the authority operating the correctional facility or secure area of a mental health
999 facility, knowingly transports to or upon a correctional facility or into a secure area of a mental
1000 health facility any:
1001 (i) spirituous or fermented liquor;
1002 (ii) medicine, whether or not lawfully prescribed for the offender; or
1003 (iii) poison in any quantity.
1004 (b) [
1005 correctional or mental health facility policy or rule by providing or selling to any offender at a
1006 correctional facility or detainee within a secure area of a mental health facility any:
1007 (i) spirituous or fermented liquor;
1008 (ii) medicine, whether or not lawfully prescribed for the offender; or
1009 (iii) poison in any quantity.
1010 (c) An inmate is guilty of a third degree felony who, in violation of correctional or
1011 mental health facility policy or rule, possesses at a correctional facility or in a secure area of a
1012 mental health facility any:
1013 (i) spirituous or fermented liquor;
1014 (ii) medicine, other than medicine provided by the facility's health care providers in
1015 compliance with facility policy; or
1016 (iii) poison in any quantity.
1017 (d) [
1018 directly or indirectly provide or sell any tobacco product or electronic cigarette product to an
1019 offender, directly or indirectly:
1020 (i) transports, delivers, or distributes any tobacco product or electronic cigarette
1021 product to an offender or on the grounds of any correctional facility;
1022 (ii) solicits, requests, commands, coerces, encourages, or intentionally aids another
1023 person to transport any tobacco product or electronic cigarette product to an offender or on any
1024 correctional facility, if the person is acting with the mental state required for the commission of
1025 an offense; or
1026 (iii) facilitates, arranges, or causes the transport of any tobacco product or electronic
1027 cigarette product in violation of this section to an offender or on the grounds of any
1028 correctional facility.
1029 (e) [
1030 permission of the authority operating the correctional or mental health facility, fails to declare
1031 or knowingly possesses at a correctional facility or in a secure area of a mental health facility
1032 any:
1033 (i) spirituous or fermented liquor;
1034 (ii) medicine; or
1035 (iii) poison in any quantity.
1036 (f) [
1037 permission of the authority operating the correctional facility, knowingly engages in any
1038 activity that would facilitate the possession of any contraband by an offender in a correctional
1039 facility. The provisions of Subsection (5)(d) regarding any tobacco product or electronic
1040 cigarette product take precedence over this Subsection (5)(f).
1041 (g) Exemptions may be granted for worship for Native American inmates pursuant to
1042 Section 64-13-40.
1043 (6) The possession, distribution, or use of a controlled substance at a correctional
1044 facility or in a secure area of a mental health facility shall be prosecuted in accordance with
1045 Title 58, Chapter 37, Utah Controlled Substances Act.
1046 (7) The department shall make rules under Title 63G, Chapter 3, Utah Administrative
1047 Rulemaking Act, to establish guidelines for providing written notice to visitors that providing
1048 any tobacco product or electronic cigarette product to offenders is a class A misdemeanor.
1049 Section 20. Section 76-10-101 is amended to read:
1050 76-10-101. Definitions.
1051 As used in this part:
1052 (1) "Cigar" means a product that contains nicotine, is intended to be burned under
1053 ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in
1054 any substance containing tobacco, other than any roll of tobacco that is a cigarette as described
1055 in Subsection (2).
1056 (2) "Cigarette" means a product that contains nicotine, is intended to be burned under
1057 ordinary conditions of use, and consists of:
1058 (a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
1059 (b) any roll of tobacco wrapped in any substance containing tobacco which, because of
1060 its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to
1061 be offered to, or purchased by, consumers as a cigarette described in Subsection (2)(a).
1062 [
1063
1064 (3) (a) "Electronic cigarette" means:
1065 (i) any electronic oral device:
1066 (A) that provides an aerosol or a vapor of nicotine or other substance; and
1067 (B) which simulates smoking through the use or inhalation of the device;
1068 (ii) a component of the device described in Subsection (3)(a)(i); and
1069 (iii) an accessory sold in the same package as the device described in Subsection
1070 (3)(a)(i).
1071 (b) "Electronic cigarette" includes an oral device that is:
1072 (i) composed of a heating element, battery, or electronic circuit; and
1073 (ii) marketed, manufactured, distributed, or sold as:
1074 (A) an e-cigarette;
1075 (B) an e-cigar;
1076 (C) an e-pipe; or
1077 (D) any other product name or descriptor, if the function of the product meets the
1078 definition of Subsection (3)(a).
1079 (4) "Electronic cigarette product" means an electronic cigarette, an electronic cigarette
1080 substance, or a prefilled electronic cigarette.
1081 (5) "Electronic cigarette substance" means any substance, including liquid containing
1082 nicotine, used or intended for use in an electronic cigarette.
1083 (6) (a) "Flavored electronic cigarette product" means an electronic cigarette product
1084 that has a taste or smell that is distinguishable by an ordinary consumer either before or during
1085 use or consumption of the electronic cigarette product.
1086 (b) "Flavored electronic cigarette product" includes an electronic cigarette product that
1087 has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
1088 beverage, herb, or spice.
1089 (c) "Flavored electronic cigarette product" does not include an electronic cigarette
1090 product that:
1091 (i) has a taste or smell of only tobacco, mint, or menthol; or
1092 (ii) has been approved by an order granting a premarket tobacco product application of
1093 the electronic cigarette product by the United States Food and Drug Administration under 21
1094 U.S.C. Sec. 387j(c)(1)(A)(i).
1095 [
1096 (a) a shop;
1097 (b) a store;
1098 (c) a factory;
1099 (d) a public garage;
1100 (e) an office;
1101 (f) a theater;
1102 (g) a recreation hall;
1103 (h) a dance hall;
1104 (i) a poolroom;
1105 (j) a café;
1106 (k) a cafeteria;
1107 (l) a cabaret;
1108 (m) a restaurant;
1109 (n) a hotel;
1110 (o) a lodging house;
1111 (p) a streetcar;
1112 (q) a bus;
1113 (r) an interurban or railway passenger coach;
1114 (s) a waiting room; and
1115 (t) any other place of business.
1116 (8) "Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled
1117 with an electronic cigarette substance.
1118 (9) "Retail tobacco specialty business" means the same as that term is defined in
1119 Section 26-62-102.
1120 [
1121 lighted smoking equipment.
1122 (11) (a) "Tobacco paraphernalia" means equipment, product, or material of any kind
1123 that is used, intended for use, or designed for use to package, repackage, store, contain,
1124 conceal, ingest, inhale, or otherwise introduce a tobacco product or an electronic cigarette
1125 substance into the human body.
1126 (b) "Tobacco paraphernalia" includes:
1127 (i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
1128 screens, permanent screens, hashish heads, or punctured metal bowls;
1129 (ii) water pipes;
1130 (iii) carburetion tubes and devices;
1131 (iv) smoking and carburetion masks;
1132 (v) roach clips, meaning objects used to hold burning material, such as a cigarette, that
1133 has become too small or too short to be held in the hand;
1134 (vi) chamber pipes;
1135 (vii) carburetor pipes;
1136 (viii) electric pipes;
1137 (ix) air-driven pipes;
1138 (x) chillums;
1139 (xi) bongs; and
1140 (xii) ice pipes or chillers.
1141 (c) "Tobacco paraphernalia" does not include matches or lighters.
1142 (12) "Tobacco product" means:
1143 (a) a cigar;
1144 (b) a cigarette; and
1145 (c) tobacco in any form, including:
1146 (i) chewing tobacco; and
1147 (ii) any substitute for tobacco, including flavoring or additives to tobacco.
1148 (13) "Tobacco retailer" means:
1149 (a) a general tobacco retailer, as that term is defined in Section 26-62-102; and
1150 (b) a retail tobacco specialty business.
1151 Section 21. Section 76-10-103 (Effective 07/01/20) is amended to read:
1152 76-10-103 (Effective 07/01/20). Permitting minors to use a tobacco product or an
1153 electronic cigarette product in place of business.
1154 It is a class C misdemeanor for the proprietor of any place of business to knowingly
1155 permit an individual under [
1156 while the individual is using [
1157 [
1158 [
1159 Section 22. Section 76-10-104 (Effective 07/01/20) is amended to read:
1160 76-10-104 (Effective 07/01/20). Providing a cigar, cigarette, electronic cigarette,
1161 or tobacco to a minor -- Penalties.
1162 [
1163
1164
1165
1166
1167 [
1168 [
1169 [
1170 (a) includes selling, giving, furnishing, sending, or causing to be sent; and
1171 (b) does not include the acts of the United States Postal Service or other common
1172 carrier when engaged in the business of transporting and delivering packages for others or the
1173 acts of a person, whether compensated or not, who transports or delivers a package for another
1174 person without any reason to know of the package's content.
1175 (2) An individual who knowingly, intentionally, recklessly, or with criminal negligence
1176 provides a tobacco product or an electronic cigarette product to an individual who is under 21
1177 years old, is guilty of:
1178 (a) a class C misdemeanor on the first offense;
1179 (b) a class B misdemeanor on the second offense; and
1180 (c) a class A misdemeanor on any subsequent offense.
1181 (3) This section does not apply to conduct of an employee of a tobacco retailer that is a
1182 violation of Section 76-10-114.
1183 Section 23. Section 76-10-104.1 (Effective 07/01/20) is amended to read:
1184 76-10-104.1 (Effective 07/01/20). Providing tobacco paraphernalia to minors --
1185 Penalties.
1186 (1) [
1187 [
1188 [
1189 carrier when engaged in the business of transporting and delivering packages for others or the
1190 acts of a person, whether compensated or not, who transports or delivers a package for another
1191 person without any reason to know of the package's content.
1192 [
1193 [
1194
1195
1196 [
1197
1198 [
1199 [
1200 [
1201 [
1202
1203 [
1204 [
1205 [
1206 [
1207 [
1208 [
1209 [
1210 [
1211 (2) (a) It is unlawful for [
1212 recklessly, or with criminal negligence provide tobacco paraphernalia to an individual under[
1213
1214
1215 (b) [
1216 (i) a class C misdemeanor on the first offense; and
1217 (ii) a class B misdemeanor on any subsequent [
1218 Section 24. Section 76-10-105 (Effective 07/01/20) is amended to read:
1219 76-10-105 (Effective 07/01/20). Buying or possessing a tobacco product or an
1220 electronic cigarette product by a minor -- Penalty -- Compliance officer authority --
1221 Juvenile court jurisdiction.
1222 (1) [
1223
1224 individual's possession [
1225 tobacco product or an electronic cigarette product is:
1226 (a) guilty of an infraction; and
1227 (b) subject to:
1228 (i) a minimum fine or penalty of $60; and
1229 (ii) participation in a court-approved tobacco education or cessation program, which
1230 may include a participation fee.
1231 [
1232 [
1233 [
1234 (2) (a) An individual who is under [
1235 to buy, accepts, or has in the individual's possession [
1236
1237 jurisdiction of the juvenile court and subject to Section 78A-6-602, unless the violation is
1238 committed on school property.
1239 (b) If a violation under this section is adjudicated under Section 78A-6-117, the minor
1240 may be subject to the following:
1241 [
1242 [
1243 include a participation fee.
1244 (3) (a) A compliance officer appointed by a board of education under Section
1245 53G-4-402 may not issue a citation for a violation of this section committed on school
1246 property.
1247 (b) A cited violation committed on school property shall be addressed in accordance
1248 with Section 53G-8-211.
1249 [
1250
1251
1252 [
1253 [
1254
1255 [
1256
1257 Section 25. Section 76-10-105.1 (Effective 07/01/20) is amended to read:
1258 76-10-105.1 (Effective 07/01/20). Requirement of direct, face-to-face sale of
1259 tobacco products and electronic cigarette products -- Minors not allowed in retail tobacco
1260 specialty business -- Penalties.
1261 (1) As used in this section:
1262 [
1263 [
1264 individual and a retailer or retailer's employee.
1265 (ii) "Face-to-face exchange" does not include a sale through a:
1266 (A) vending machine; or
1267 (B) self-service display.
1268 [
1269 (i) sells a [
1270 individual for personal consumption; or
1271 (ii) operates a facility with a vending machine that sells a [
1272 product or an electronic cigarette product.
1273 [
1274 product or an electronic cigarette product to which the public has access without the
1275 intervention of a retailer or retailer's employee.
1276 [
1277 [
1278
1279 [
1280 [
1281 (2) Except as provided in Subsection (3), a retailer may sell a [
1282 tobacco product or an electronic cigarette product only in a face-to-face exchange.
1283 (3) The face-to-face sale requirement in Subsection (2) does not apply to:
1284 (a) a mail-order, telephone, or Internet sale made in compliance with Section
1285 59-14-509;
1286 (b) a sale from a vending machine or self-service display that is located in an area of a
1287 retailer's facility:
1288 (i) that is distinct and separate from the rest of the facility; and
1289 (ii) where the retailer only allows an individual who complies with Subsection (4) to be
1290 present; or
1291 (c) a sale at a retail tobacco specialty [
1292 (4) [
1293 21 years old may not enter or be present at a [
1294 business unless the individual is:
1295 [
1296 [
1297 commercial purpose other than to purchase a [
1298 electronic cigarette[
1299 [
1300
1301 [
1302 [
1303 [
1304 (5) A parent or legal guardian who accompanies, under Subsection (4)(a)(i), an
1305 individual into an area described in Subsection (3)(b)[
1306 tobacco specialty business, may not allow the individual to purchase a [
1307 tobacco product or an electronic cigarette product.
1308 (6) A violation of Subsection (2) or (4) is a:
1309 (a) class C misdemeanor on the first offense;
1310 (b) class B misdemeanor on the second offense; and
1311 (c) class A misdemeanor on [
1312 (7) An individual who violates Subsection (5) is guilty of [
1313
1314 [
1315
1316
1317
1318 [
1319
1320 Section 26. Section 76-10-111 is amended to read:
1321 76-10-111. Prohibition of gift or free distribution of smokeless tobacco or
1322 electronic cigarettes products -- Exceptions.
1323 (1) The Legislature finds that:
1324 (a) smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who
1325 use [
1326 tobacco may cause mouth or oral cancers;
1327 (b) the use of smokeless tobacco among juveniles in this state is increasing rapidly;
1328 (c) the use of electronic [
1329 such as the use of tobacco products; and
1330 (d) it is necessary to restrict the gift of the products described in this Subsection (1) in
1331 the interest of the health of the citizens of this state.
1332 (2) (a) Except as provided in Subsection (3), it is unlawful for a manufacturer,
1333 wholesaler, and retailer to:
1334 (i) give or distribute without charge any smokeless tobacco, chewing tobacco, or an
1335 electronic cigarette product in this state[
1336 (ii) except as provided in Subsection (2)(b), sell, offer for sale, or furnish an electronic
1337 cigarette product at less than the cost of the product to the manufacturer, wholesaler, or retailer;
1338 or
1339 (iii) give, distribute, sell, offer for sale, or furnish an electronic cigarette product for
1340 free or at a lower price because the purchaser makes another purchase.
1341 (b) The price that a manufacturer, wholesaler, or retailer may charge under Subsection
1342 (2)(a)(ii) does not include a discount for:
1343 (i) a physical manufacturer coupon:
1344 (A) that is surrendered to the retailer at the time of sale; and
1345 (B) for which the manufacturer will reimburse the wholesaler or retailer for the full
1346 amount of the discount described in the manufacturer coupon and provided to the purchaser;
1347 (ii) a rebate that will be paid to the manufacturer, wholesaler, or retailer for the full
1348 amount of the rebate provided to the purchaser; or
1349 (iii) a promotional fund that will be paid to the manufacturer, wholesaler, or retailer for
1350 the full amount of the promotional fund to the purchaser.
1351 (3) [
1352 (a) a class C misdemeanor for the first offense[
1353 (b) a class B misdemeanor for any subsequent offense.
1354 [
1355 may be distributed to [
1356 convention where the general public is excluded.
1357 [
1358
1359
1360 Section 27. Section 76-10-112 is amended to read:
1361 76-10-112. Prohibition of distribution of electronic cigarette product --
1362 Exceptions.
1363 (1) Except as provided in Subsection [
1364 wholesaler, or retailer to give or distribute [
1365 product in this state without charge.
1366 (2) [
1367 (a) a class C misdemeanor for the first offense; and
1368 (b) a class B misdemeanor for any subsequent offense.
1369 [
1370 (3) A tobacco product may be distributed to [
1371 professional [
1372 [
1373
1374
1375 manufacturer, or a distributor that gives a tobacco product to an individual who is 21 years old
1376 or older upon the individual's purchase of a tobacco product.
1377 Section 28. Section 76-10-113 is enacted to read:
1378 76-10-113. Prohibition on distribution of flavored electronic cigarette products.
1379 (1) It is unlawful for a tobacco retailer that is not a retail tobacco specialty business to
1380 give, distribute, sell, offer for sale, or furnish a flavored electronic cigarette product to any
1381 person.
1382 (2) An individual who violates this section is guilty of:
1383 (a) a class C misdemeanor for the first offense; and
1384 (b) a class B misdemeanor for any subsequent offense.
1385 Section 29. Section 76-10-114 is enacted to read:
1386 76-10-114. Unlawful sale of a tobacco product or electronic cigarette product.
1387 (1) As used in this section:
1388 (a) "Compensatory service" means service or unpaid work performed by an employee,
1389 in lieu of the payment of a fine or imprisonment.
1390 (b) "Employee" means an employee or an owner of a tobacco retailer.
1391 (2) It is unlawful for an employee to knowingly or intentionally sell or give a tobacco
1392 product or an electronic cigarette product in the course of business to an individual who is
1393 under 21 years old.
1394 (3) An employee who violates this section is:
1395 (a) on a first violation:
1396 (i) guilty of an infraction; and
1397 (ii) subject to:
1398 (A) a fine not exceeding $1,000; or
1399 (B) compensatory service;
1400 (b) on any subsequent violation:
1401 (i) guilty of a class C misdemeanor; and
1402 (ii) subject to:
1403 (A) a fine not exceeding $2,000; or
1404 (B) compensatory service.
1405 Section 30. Section 76-10-115 is enacted to read:
1406 76-10-115. Unlawful transfer or use of proof of age.
1407 (1) As used in this section:
1408 (a) "Proof of age" means:
1409 (i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
1410 Card Act;
1411 (ii) a valid identification that:
1412 (A) is substantially similar to an identification card issued under Title 53, Chapter 3,
1413 Part 8, Identification Card Act;
1414 (B) is issued in accordance with the laws of a state other than Utah in which the
1415 identification is issued;
1416 (C) includes date of birth; and
1417 (D) has a picture affixed;
1418 (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
1419 Driver License Act, or in accordance with the laws of the state in which the valid driver license
1420 is issued;
1421 (iv) a valid United States military identification card that:
1422 (A) includes date of birth; and
1423 (B) has a picture affixed; or
1424 (v) a valid passport.
1425 (b) "Proof of age" does not include a driving privilege card issued in accordance with
1426 Section 53-3-207.
1427 (2) An individual who knowingly and intentionally transfers that individual's proof of
1428 age to another individual to aid that individual in purchasing a tobacco product or an electronic
1429 cigarette product, or in gaining admittance to any part of the premises of a retail tobacco
1430 specialty business, is guilty of a class B misdemeanor.
1431 (3) An individual who knowingly and intentionally uses proof of age containing false
1432 information with the intent to purchase a tobacco product or an electronic cigarette product, or
1433 to gain admittance to any part of the premises of a retail tobacco specialty business, is guilty of
1434 a class A misdemeanor.
1435 Section 31. Section 76-10-116 is enacted to read:
1436 76-10-116. Ordinances, rules, and regulations.
1437 (1) Except as provided in Subsection (2), an ordinance, rule, or regulation adopted by a
1438 governing body of a political subdivision of the state or a state agency is superseded if:
1439 (a) the ordinance, rule, or regulation affects:
1440 (i) the minimum age of sale for a tobacco product, an electronic cigarette product, or
1441 tobacco paraphernalia;
1442 (ii) the provision or sale of a tobacco product, an electronic cigarette product, or
1443 tobacco paraphernalia;
1444 (iii) the flavoring of a tobacco product or an electronic cigarette product;
1445 (iv) the purchase or possession of a tobacco product, an electronic cigarette product, or
1446 tobacco paraphernalia; or
1447 (v) the placement or display of a tobacco product or an electronic cigarette product;
1448 and
1449 (b) the ordinance, rule, or regulation is not essentially identical to any state statute
1450 relating to the applicable subject described in Subsection (1)(a).
1451 (2) A governing body of a political subdivision of the state or a state agency may adopt
1452 an ordinance, rule, or regulation on a subject described in Subsections (1)(a)(i) through (v) if
1453 the governing body of a political subdivision of the state or a state agency is authorized by
1454 statute to adopt the ordinance, rule, or regulation.
1455 (3) Subsection (1) does not apply to the adoption or enforcement of a land use
1456 ordinance by a municipal or county government.
1457 Section 32. Section 77-39-101 (Effective 07/01/20) is amended to read:
1458 77-39-101 (Effective 07/01/20). Investigation of sales of alcohol, tobacco, and
1459 electronic cigarettes to underage individuals.
1460 (1) As used in this section[
1461 (a) "Electronic cigarette product" means the same as that term is defined in Section
1462 76-10-101.
1463 (b) "Tobacco product means the same as that term is defined in Section 76-10-101.
1464 (2) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer
1465 Classifications, may investigate the possible violation of:
1466 (i) Section 32B-4-403 by requesting an individual under 21 years old to enter into and
1467 attempt to purchase or make a purchase of alcohol from a retail establishment; or
1468 (ii) Section [
1469
1470 from a retail establishment of:
1471 (A) a [
1472 [
1473 [
1474 [
1475 (b) A peace officer who is present at the site of a proposed purchase shall direct,
1476 supervise, and monitor the individual requested to make the purchase.
1477 (c) Immediately following a purchase or attempted purchase or as soon as practical the
1478 supervising peace officer shall inform the cashier and the proprietor or manager of the retail
1479 establishment that the attempted purchaser was under the legal age to purchase:
1480 (i) alcohol; or
1481 (ii) (A) a [
1482 [
1483 [
1484 [
1485 (d) If a citation or information is issued, [
1486 within seven days of the purchase.
1487 [
1488 [
1489 [
1490 (3) (a) If an individual under [
1491 purchase, a written consent of that individual's parent or guardian shall be obtained prior to that
1492 individual participating in any attempted purchase.
1493 (b) An individual requested by the peace officer to attempt a purchase may:
1494 (i) be a trained volunteer; or
1495 (ii) receive payment, but may not be paid based on the number of successful purchases
1496 of alcohol, tobacco products, or [
1497 (4) The individual requested by the peace officer to attempt a purchase and anyone
1498 accompanying the individual attempting a purchase may not during the attempted purchase
1499 misrepresent the age of the individual by false or misleading identification documentation in
1500 attempting the purchase.
1501 (5) An individual requested to attempt to purchase or make a purchase pursuant to this
1502 section is immune from prosecution, suit, or civil liability for the purchase of, attempted
1503 purchase of, or possession of alcohol, a [
1504 product, or an electronic cigarette product if a peace officer directs, supervises, and monitors
1505 the individual.
1506 (6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this section
1507 shall be conducted[
1508 [
1509 [
1510
1511 [
1512 [
1513 [
1514 [
1515 [
1516 [
1517 (i) on a random basis at any one retail establishment location, not more often than four
1518 times for the attempted purchase of alcohol; and
1519 (ii) a minimum of two times at a retail establishment that sells tobacco products or
1520 electronic cigarette products for the attempted purchase of a tobacco product or an electronic
1521 cigarette product.
1522 (b) This section does not prohibit an investigation or an attempt to purchase [
1523 alcohol, a tobacco product, or an electronic cigarette product under this section if:
1524 (i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
1525 [
1526 an individual under the age established by Section 32B-4-403 or [
1527 (ii) the supervising peace officer makes a written record of the grounds for the
1528 reasonable suspicion.
1529 (7) (a) The peace officer exercising direction, supervision, and monitoring of the
1530 attempted purchase shall make a report of the attempted purchase, whether or not a purchase
1531 was made.
1532 (b) The report required by this Subsection (7) shall include:
1533 (i) the name of the supervising peace officer;
1534 (ii) the name of the individual attempting the purchase;
1535 (iii) a photograph of the individual attempting the purchase showing how that
1536 individual appeared at the time of the attempted purchase;
1537 (iv) the name and description of the cashier or proprietor from whom the individual
1538 attempted the purchase;
1539 (v) the name and address of the retail establishment; and
1540 (vi) the date and time of the attempted purchase.
1541 Section 33. Effective date.
1542 This bill takes effect on July 1, 2020.
1543 Section 34. Coordinating H.B. 23 with S.B. 37 -- Superseding technical and
1544 substantive amendments.
1545 If this H.B. 23 and S.B. 37, Electronic Cigarette and Other Nicotine Product
1546 Amendments, both pass and become law, it is the intent of the Legislature that the Office of
1547 Legislative Research and General Counsel, in preparing the Utah Code database for
1548 publication:
1549 (1) not make the changes in H.B. 23 to Subsections 10-8-41.6(1)(g)(i) and
1550 17-50-333(1)(f)(i), regarding a retail tobacco specialty business;
1551 (2) not make the changes in S.B. 37 to Subsection 26-62-305(3)(b);
1552 (3) modify Subsections 26-62-305(3) and (4) in H.B. 23 to read:
1553 "(3) If a violation is found in an investigation of a general tobacco retailer by a law
1554 enforcement agency under Section 77-39-101 for the sale of a tobacco product, an electronic
1555 cigarette product, or a nicotine product to an individual under 21 years old and the violation is
1556 committed by the owner of the general tobacco retailer, the enforcing agency shall:
1557 (a) on a first violation, impose a fine of no more than $2,000 on the general tobacco
1558 retailer; and
1559 (b) on the second violation for the same general tobacco retailer within one year of the
1560 first violation:
1561 (i) impose a fine not exceeding $5,000; and
1562 (ii) revoke the permit for the general tobacco retailer.
1563 (4) If a violation is found in an investigation of a retail tobacco specialty business by a
1564 law enforcement agency under Section 77-39-101 for the sale of a tobacco product, an
1565 electronic cigarette product, or a nicotine product to an individual under 21 years old, the
1566 enforcing agency shall apply the provisions of Section 26-62-402."; and
1567 (4) not make the changes in H.B. 23 to Section 76-10-111.