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7 LONG TITLE
8 General Description:
9 This bill enacts a prohibition on the manufacture, distribution, sale, possession, and use
10 of any electronic cigarette.
11 Highlighted Provisions:
12 This bill:
13 ▸ prohibits the manufacture, distribution, sale, possession, and use of any electronic
14 cigarette;
15 ▸ repeals provisions allowing the sale and use of electronic cigarettes; and
16 ▸ makes conforming and technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides a special effective date.
21 Utah Code Sections Affected:
22 AMENDS:
23 10-8-41.6, as last amended by Laws of Utah 2018, Chapter 231
24 10-8-47 (Superseded 07/01/20), as last amended by Laws of Utah 2018, Chapter 189
25 10-8-47 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
26 17-50-333, as last amended by Laws of Utah 2018, Chapter 231
27 26-38-2, as last amended by Laws of Utah 2018, Chapters 231 and 281
28 26-62-102, as renumbered and amended by Laws of Utah 2018, Chapter 231
29 53-3-229, as last amended by Laws of Utah 2010, Chapters 114 and 276
30 53-3-810, as last amended by Laws of Utah 2010, Chapters 114 and 276
31 76-8-311.3, as last amended by Laws of Utah 2010, Chapter 114
32 76-10-101, as last amended by Laws of Utah 2015, Chapters 66, 132 and last amended
33 by Coordination Clause, Laws of Utah 2015, Chapter 132
34 76-10-104 (Superseded 07/01/20), as last amended by Laws of Utah 2010, Chapter 114
35 76-10-104 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
36 76-10-105 (Superseded 07/01/20), as last amended by Laws of Utah 2018, Chapter 415
37 76-10-105 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
38 76-10-105.1 (Superseded 07/01/20), as last amended by Laws of Utah 2018, Chapter
39 231
40 76-10-105.1 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
41 76-10-111, as last amended by Laws of Utah 2010, Chapter 114
42 77-39-101 (Superseded 07/01/20), as last amended by Laws of Utah 2018, Chapter 231
43 77-39-101 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
44 ENACTS:
45 76-10-113, Utah Code Annotated 1953
46 REPEALS:
47 26-57-101, as enacted by Laws of Utah 2015, Chapter 132
48 26-57-102, as enacted by Laws of Utah 2015, Chapter 132
49 26-57-103, as enacted by Laws of Utah 2015, Chapter 132
50 59-14-801, as enacted by Laws of Utah 2015, Chapter 132
51 59-14-802, as last amended by Laws of Utah 2019, Chapter 136
52 59-14-803, as last amended by Laws of Utah 2018, Chapter 231
53
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 10-8-41.6 is amended to read:
56 10-8-41.6. Regulation of retail tobacco specialty business.
57 (1) As used in this section:
58 (a) "Community location" means:
59 (i) a public or private kindergarten, elementary, middle, junior high, or high school;
60 (ii) a licensed child-care facility or preschool;
61 (iii) a trade or technical school;
62 (iv) a church;
63 (v) a public library;
64 (vi) a public playground;
65 (vii) a public park;
66 (viii) a youth center or other space used primarily for youth oriented activities;
67 (ix) a public recreational facility;
68 (x) a public arcade; or
69 (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
70 (b) "Department" means the Department of Health, created in Section 26-1-4.
71 (c) "Local health department" means the same as that term is defined in Section
72 26A-1-102.
73 (d) "Permittee" means a person licensed under this section to conduct business as a
74 retail tobacco specialty business.
75 (e) "Retail tobacco specialty business" means a commercial establishment in which:
76 (i) the sale of tobacco products accounts for more than 35% of the total quarterly gross
77 receipts for the establishment;
78 (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
79 storage of tobacco products;
80 (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
81 tobacco products; or
82 (iv) the retail space features a self-service display for tobacco products.
83 (f) "Self-service display" means the same as that term is defined in Section
84 76-10-105.1.
85 (g) "Tobacco product" means:
86 (i) any cigar[
87 Section 76-10-101;
88 (ii) a tobacco product, as that term is defined in Section 59-14-102, including:
89 (A) chewing tobacco; or
90 (B) any substitute for a tobacco product, including flavoring or additives to tobacco;
91 and
92 (iii) tobacco paraphernalia, as that term is defined in Section 76-10-104.1.
93 (2) The regulation of a retail tobacco specialty business is an exercise of the police
94 powers of the state, and through delegation, to other governmental entities.
95 (3) (a) A person may not operate a retail tobacco specialty business in a municipality
96 unless the person obtains a license from the municipality in which the retail tobacco specialty
97 business is located.
98 (b) A municipality may only issue a retail tobacco specialty business license to a
99 person if the person complies with the provisions of Subsections (4) and (5).
100 (4) (a) Except as provided in Subsection (7), a municipality may not issue a license for
101 a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
102 business is located within:
103 (i) 1,000 feet of a community location;
104 (ii) 600 feet of another retail tobacco specialty business; or
105 (iii) 600 feet from property used or zoned for:
106 (A) agriculture use; or
107 (B) residential use.
108 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
109 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
110 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
111 to intervening structures or zoning districts.
112 (5) (a) Except as provided in Subsection (5)(b), beginning July 1, 2018, a municipality
113 may not issue or renew a license for a person to conduct business as a retail tobacco specialty
114 business until the person provides the municipality with proof that the retail tobacco specialty
115 business has:
116 (i) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
117 62, Tobacco Retail Permit, by the local health department having jurisdiction over the area in
118 which the retail tobacco specialty business is located; and
119 (ii) a valid license to sell tobacco products from the State Tax Commission.
120 (b) A person that was licensed to conduct business as a retail tobacco specialty
121 business in a municipality before July 1, 2018, shall obtain a permit from a local health
122 department under Title 26, Chapter 62, Tobacco Retail Permit, on or before January 1, 2019.
123 (6) (a) Nothing in this section:
124 (i) requires a municipality to issue a retail tobacco specialty business license; or
125 (ii) prohibits a municipality from adopting more restrictive requirements on a person
126 seeking a license or renewal of a license to conduct business as a retail tobacco specialty
127 business.
128 (b) A municipality may suspend or revoke a retail tobacco specialty business license
129 issued under this section:
130 (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
131 Part 16, Pattern of Unlawful Activity Act;
132 (ii) if a licensee violates the regulations restricting the sale and distribution of
133 cigarettes and smokeless tobacco to protect children and adolescents issued by the United
134 States Food and Drug Administration, 21 C.F.R. Part 1140;
135 (iii) upon the recommendation of the department or a local health department under
136 Title 26, Chapter 62, Tobacco Retail Permit; or
137 (iv) under any other provision of state law or local ordinance.
138 (7) (a) In accordance with Subsection (7)(b), a retail tobacco specialty business that has
139 a business license and is operating in a municipality in accordance with all applicable laws
140 except for the requirement in Subsection (4), on or before December 31, 2015, is exempt from
141 Subsection (4).
142 (b) A retail tobacco specialty business may maintain an exemption under Subsection
143 (7)(a) if:
144 (i) the retail tobacco specialty business license is renewed continuously without lapse
145 or permanent revocation;
146 (ii) the retail tobacco specialty business does not close for business or otherwise
147 suspend the sale of tobacco products for more than 60 consecutive days;
148 (iii) the retail tobacco specialty business does not substantially change the business
149 premises or business operation; and
150 (iv) the retail tobacco specialty business maintains the right to operate under the terms
151 of other applicable laws, including:
152 (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
153 (B) zoning ordinances;
154 (C) building codes; and
155 (D) the requirements of a retail tobacco specialty business license issued before
156 December 31, 2015.
157 Section 2. Section 10-8-47 (Superseded 07/01/20) is amended to read:
158 10-8-47 (Superseded 07/01/20). Intoxication -- Fights -- Disorderly conduct --
159 Assault and battery -- Petit larceny -- Riots and disorderly assemblies -- Firearms and
160 fireworks -- False pretenses and embezzlement -- Sale of liquor, narcotics, or tobacco to
161 minors -- Possession of controlled substances -- Treatment of alcoholics and narcotics or
162 drug addicts.
163 (1) A municipal legislative body may:
164 (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
165 bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
166 battery and petit larceny;
167 (b) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
168 house, or place in the city;
169 (c) regulate and prevent the discharge of firearms, rockets, powder, fireworks in
170 accordance with Section 53-7-225, or any other dangerous or combustible material;
171 (d) provide against and prevent the offense of obtaining money or property under false
172 pretenses and the offense of embezzling money or property in all cases where the money or
173 property embezzled or obtained under false pretenses does not exceed in value the sum of
174 $500; and
175 (e) prohibit the sale, giving away, or furnishing of narcotics, alcoholic beverages to a
176 person younger than 21 years of age, or tobacco, except for an electronic cigarette as defined in
177 Section 76-10-101, to any person younger than 19 years of age.
178 (2) A city may:
179 (a) by ordinance, prohibit the possession of controlled substances as defined in the
180 Utah Controlled Substances Act or any other endangering or impairing substance, provided the
181 conduct is not a class A misdemeanor or felony; and
182 (b) provide for treatment of alcoholics, narcotic addicts, and other persons who are
183 addicted to the use of drugs or intoxicants such that a person substantially lacks the capacity to
184 control the person's use of the drugs or intoxicants, and judicial supervision may be imposed as
185 a means of effecting their rehabilitation.
186 Section 3. Section 10-8-47 (Effective 07/01/20) is amended to read:
187 10-8-47 (Effective 07/01/20). Intoxication -- Fights -- Disorderly conduct --
188 Assault and battery -- Petit larceny -- Riots and disorderly assemblies -- Firearms and
189 fireworks -- False pretenses and embezzlement -- Sale of liquor, narcotics, or tobacco to
190 minors -- Possession of controlled substances -- Treatment of alcoholics and narcotics or
191 drug addicts.
192 (1) A municipal legislative body may:
193 (a) prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
194 bullfights, and all disorderly conduct and provide against and punish the offenses of assault and
195 battery and petit larceny;
196 (b) restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
197 house, or place in the city;
198 (c) regulate and prevent the discharge of firearms, rockets, powder, fireworks in
199 accordance with Section 53-7-225, or any other dangerous or combustible material;
200 (d) provide against and prevent the offense of obtaining money or property under false
201 pretenses and the offense of embezzling money or property in the cases when the money or
202 property embezzled or obtained under false pretenses does not exceed in value the sum of
203 $500;
204 (e) prohibit the sale, giving away, or furnishing of narcotics or alcoholic beverages to
205 an individual younger than 21 years old; or
206 (f) prohibit the sale, giving away, or furnishing of tobacco [
207 an electronic cigarette as defined in Section 76-10-101, to an individual younger than:
208 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
209 (ii) beginning July 1, 2021, 21 years old.
210 (2) A city may:
211 (a) by ordinance, prohibit the possession of controlled substances as defined in the
212 Utah Controlled Substances Act or any other endangering or impairing substance, provided the
213 conduct is not a class A misdemeanor or felony; and
214 (b) provide for treatment of alcoholics, narcotic addicts, and other individuals who are
215 addicted to the use of drugs or intoxicants such that an individual substantially lacks the
216 capacity to control the individual's use of the drugs or intoxicants, and judicial supervision may
217 be imposed as a means of effecting the individual's rehabilitation.
218 Section 4. Section 17-50-333 is amended to read:
219 17-50-333. Regulation of retail tobacco specialty business.
220 (1) As used in this section:
221 (a) "Community location" means:
222 (i) a public or private kindergarten, elementary, middle, junior high, or high school;
223 (ii) a licensed child-care facility or preschool;
224 (iii) a trade or technical school;
225 (iv) a church;
226 (v) a public library;
227 (vi) a public playground;
228 (vii) a public park;
229 (viii) a youth center or other space used primarily for youth oriented activities;
230 (ix) a public recreational facility;
231 (x) a public arcade; or
232 (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
233 (b) "Department" means the Department of Health, created in Section 26-1-4.
234 (c) "Licensee" means a person licensed under this section to conduct business as a
235 retail tobacco specialty business.
236 (d) "Local health department" means the same as that term is defined in Section
237 26A-1-102.
238 (e) "Retail tobacco specialty business" means a commercial establishment in which:
239 (i) the sale of tobacco products accounts for more than 35% of the total quarterly gross
240 receipts for the establishment;
241 (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
242 storage of tobacco products;
243 (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
244 tobacco products; or
245 (iv) the retail space features a self-service display for tobacco products.
246 (f) "Self-service display" means the same as that term is defined in Section
247 76-10-105.1.
248 (g) "Tobacco product" means:
249 (i) any cigar[
250 Section 76-10-101;
251 (ii) a tobacco product as that term is defined in Section 59-14-102, including:
252 (A) chewing tobacco; or
253 (B) any substitute for a tobacco product, including flavoring or additives to tobacco;
254 and
255 (iii) tobacco paraphernalia as that term is defined in Section 76-10-104.1.
256 (2) The regulation of a retail tobacco specialty business is an exercise of the police
257 powers of the state, and through delegation, to other governmental entities.
258 (3) (a) A person may not operate a retail tobacco specialty business in a county unless
259 the person obtains a license from the county in which the retail tobacco specialty business is
260 located.
261 (b) A county may only issue a retail tobacco specialty business license to a person if
262 the person complies with the provisions of Subsections (4) and (5).
263 (4) (a) Except as provided in Subsection (7), a county may not issue a license for a
264 person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
265 business is located within:
266 (i) 1,000 feet of a community location;
267 (ii) 600 feet of another retail tobacco specialty business; or
268 (iii) 600 feet from property used or zoned for:
269 (A) agriculture use; or
270 (B) residential use.
271 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
272 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
273 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
274 to intervening structures or zoning districts.
275 (5) (a) Except as provided in Subsection (5)(b), beginning July 1, 2018, a county may
276 not issue or renew a license for a person to conduct business as a retail tobacco specialty
277 business until the person provides the county with proof that the retail tobacco specialty
278 business has:
279 (i) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
280 62, Tobacco Retail Permit, by the local health department having jurisdiction over the area in
281 which the retail tobacco specialty business is located; and
282 (ii) a valid license to sell tobacco products from the State Tax Commission.
283 (b) A person that was licensed to conduct business as a retail tobacco specialty
284 business in a county before July 1, 2018, shall obtain a permit from a local health department
285 under Title 26, Chapter 62, Tobacco Retail Permit, on or before January 1, 2019.
286 (6) (a) Nothing in this section:
287 (i) requires a county to issue a retail tobacco specialty business license; or
288 (ii) prohibits a county from adopting more restrictive requirements on a person seeking
289 a license or renewal of a license to conduct business as a retail tobacco specialty business.
290 (b) A county may suspend or revoke a retail tobacco specialty business license issued
291 under this section:
292 (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
293 Part 16, Pattern of Unlawful Activity Act;
294 (ii) if a licensee violates the regulations restricting the sale and distribution of
295 cigarettes and smokeless tobacco to protect children and adolescents issued by the United
296 States Food and Drug Administration, 21 C.F.R. Part 1140;
297 (iii) upon the recommendation of the department or a local health department under
298 Title 26, Chapter 62, Tobacco Retail Permit; or
299 (iv) under any other provision of state law or local ordinance.
300 (7) (a) In accordance with Subsection (7)(b), a retail tobacco specialty business that has
301 a business license and is operating in a county in accordance with all applicable laws except for
302 the requirement in Subsection (4), on or before December 31, 2015, is exempt from Subsection
303 (4).
304 (b) A retail tobacco specialty business may maintain an exemption under Subsection
305 (7)(a) if:
306 (i) the retail tobacco specialty business license is renewed continuously without lapse
307 or permanent revocation;
308 (ii) the retail tobacco specialty business does not close for business or otherwise
309 suspend the sale of tobacco products for more than 60 consecutive days;
310 (iii) the retail tobacco specialty business does not substantially change the business
311 premises or business operation; and
312 (iv) the retail tobacco specialty business maintains the right to operate under the terms
313 of other applicable laws, including:
314 (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
315 (B) zoning ordinances;
316 (C) building codes; and
317 (D) the requirements of a retail tobacco specialty business license issued before
318 December 31, 2015.
319 Section 5. Section 26-38-2 is amended to read:
320 26-38-2. Definitions.
321 As used in this chapter:
322 [
323 [
324 [
325 [
326 [
327 [
328 [
329 [
330 [
331 [
332 [
333
334 [
335 (a) does not contain tobacco or nicotine; and
336 (b) is smoked or intended to be smoked in a hookah or water pipe.
337 [
338 commerce, banking, financial service, or other service-related activity, whether publicly or
339 privately owned and whether operated for profit or not, to which persons not employed at the
340 place of public access have general and regular access or which the public uses, including:
341 (a) buildings, offices, shops, elevators, or restrooms;
342 (b) means of transportation or common carrier waiting rooms;
343 (c) restaurants, cafes, or cafeterias;
344 (d) taverns as defined in Section 32B-1-102, or cabarets;
345 (e) shopping malls, retail stores, grocery stores, or arcades;
346 (f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical
347 sites, auditoriums, or arenas;
348 (g) barber shops, hair salons, or laundromats;
349 (h) sports or fitness facilities;
350 (i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
351 breakfast" lodging facilities, and other similar lodging facilities, including the lobbies,
352 hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any
353 of these;
354 (j) (i) any child care facility or program subject to licensure or certification under this
355 title, including those operated in private homes, when any child cared for under that license is
356 present; and
357 (ii) any child care, other than child care as defined in Section 26-39-102, that is not
358 subject to licensure or certification under this title, when any child cared for by the provider,
359 other than the child of the provider, is present;
360 (k) public or private elementary or secondary school buildings and educational
361 facilities or the property on which those facilities are located;
362 (l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or
363 religious organization when used solely by the organization members or their guests or
364 families;
365 (m) any facility rented or leased for private functions from which the general public is
366 excluded and arrangements for the function are under the control of the function sponsor;
367 (n) any workplace that is not a place of public access or a publicly owned building or
368 office but has one or more employees who are not owner-operators of the business;
369 (o) any area where the proprietor or manager of the area has posted a conspicuous sign
370 stating "no smoking", "thank you for not smoking", or similar statement; and
371 (p) a holder of a bar establishment license, as defined in Section 32B-1-102.
372 [
373 portion of a place owned, leased, or rented by any state, county, or municipal government, or
374 by any agency supported by appropriation of, or by contracts or grants from, funds derived
375 from the collection of federal, state, county, or municipal taxes.
376 [
377 (a) contains tobacco or nicotine; and
378 (b) is smoked or intended to be smoked in a hookah or water pipe.
379 [
380 (a) the possession of any lighted or heated tobacco product in any form;
381 (b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe,
382 or hookah that contains:
383 (i) tobacco or any plant product intended for inhalation;
384 (ii) shisha or non-tobacco shisha;
385 (iii) nicotine;
386 (iv) a natural or synthetic tobacco substitute; or
387 (v) a natural or synthetic flavored tobacco product; or
388 [
389 [
390 smoking in this chapter.
391 Section 6. Section 26-62-102 is amended to read:
392 26-62-102. Definitions.
393 As used in this chapter:
394 (1) "Community location" means the same as that term is defined:
395 (a) as it relates to a municipality, in Section 10-8-41.6; and
396 (b) as it relates to a county, in Section 17-50-333.
397 (2) "Employee" means an employee of a tobacco retailer.
398 (3) "Enforcing agency" means the state Department of Health, or any local health
399 department enforcing the provisions of this chapter.
400 (4) "General tobacco retailer" means a tobacco retailer that is not a retail tobacco
401 specialty business.
402 (5) "Local health department" means the same as that term is defined in Section
403 26A-1-102.
404 (6) "Permit" means a tobacco retail permit issued under this chapter.
405 (7) "Retail tobacco specialty business" means the same as that term is defined:
406 (a) as it relates to a municipality, in Section 10-8-41.6; and
407 (b) as it relates to a county, in Section 17-50-333.
408 (8) "Tax commission license" means a license issued by the State Tax Commission
409 under:
410 (a) Section 59-14-201 to sell cigarettes at retail; or
411 (b) Section 59-14-301 to sell tobacco products at retail[
412 [
413 (9) "Tobacco product" means:
414 (a) a cigar[
415 76-10-101;
416 (b) a tobacco product as that term is defined in Section 59-14-102, including:
417 (i) chewing tobacco; or
418 (ii) any substitute for a tobacco product, including flavoring or additives to tobacco; or
419 (c) tobacco paraphernalia as that term is defined in Section 76-10-104.1.
420 (10) "Tobacco retailer" means a person that is required to obtain a tax commission
421 license.
422 Section 7. Section 53-3-229 is amended to read:
423 53-3-229. Prohibited uses of license certificate -- Penalty.
424 (1) It is a class C misdemeanor for a person to:
425 (a) lend or knowingly permit the use of a license certificate issued to the person, by a
426 person not entitled to it;
427 (b) display or to represent as the person's own a license certificate not issued to the
428 person;
429 (c) refuse to surrender to the division or a peace officer upon demand any license
430 certificate issued by the division;
431 (d) use a false name or give a false address in any application for a license or any
432 renewal or duplicate of the license certificate, or to knowingly make a false statement, or to
433 knowingly conceal a material fact or otherwise commit a fraud in the application;
434 (e) display a canceled, denied, revoked, suspended, or disqualified driver license
435 certificate as a valid driver license certificate;
436 (f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
437 driver license certificate issued by a governmental entity if the item is not an authentic driver
438 license certificate issued by that governmental entity; or
439 (g) alter any information on an authentic driver license certificate so that it no longer
440 represents the information originally displayed.
441 (2) The provisions of Subsection (1)(e) do not prohibit the use of a person's driver
442 license certificate as a means of personal identification.
443 (3) It is a class A misdemeanor to knowingly:
444 (a) issue a driver license certificate with false or fraudulent information;
445 (b) issue a driver license certificate to a person younger than 21 years of age if the
446 driver license certificate is not distinguished as required for a person younger than 21 years of
447 age under Section 53-3-207; or
448 (c) acquire, use, display, or transfer a false or altered driver license certificate to
449 procure:
450 (i) a cigarette;
451 [
452 [
453 [
454 (4) A person may not use, display, or transfer a false or altered driver license certificate
455 to procure alcoholic beverages, gain admittance to a place where alcoholic beverages are sold
456 or consumed, or obtain employment that may not be obtained by a minor in violation of
457 Section 32B-1-403.
458 (5) It is a third degree felony if a person's acquisition, use, display, or transfer of a false
459 or altered driver license certificate:
460 (a) aids or furthers the person's efforts to fraudulently obtain goods or services; or
461 (b) aids or furthers the person's efforts to commit a violent felony.
462 Section 8. Section 53-3-810 is amended to read:
463 53-3-810. Prohibited uses of identification card -- Penalties.
464 (1) It is a class C misdemeanor to:
465 (a) lend or knowingly permit the use of an identification card issued to the person, by a
466 person not entitled to it;
467 (b) display or to represent as the person's own an identification card not issued to the
468 person;
469 (c) refuse to surrender to the division or a peace officer upon demand any identification
470 card issued by the division;
471 (d) use a false name or give a false address in any application for an identification card
472 or any renewal or duplicate of the identification card, or to knowingly make a false statement,
473 or to knowingly conceal a material fact in the application;
474 (e) display a revoked identification card as a valid identification card;
475 (f) knowingly acquire, use, display, or transfer an item that purports to be an authentic
476 identification card issued by a governmental entity if the item is not an authentic identification
477 card issued by that governmental entity; or
478 (g) alter any information contained on an authentic identification card so that it no
479 longer represents the information originally displayed.
480 (2) It is a class A misdemeanor to knowingly:
481 (a) issue an identification card with false or fraudulent information;
482 (b) issue an identification card to any person younger than 21 years of age if the
483 identification card is not distinguished as required for a person younger than 21 years of age
484 under Section 53-3-806; or
485 (c) acquire, use, display, or transfer a false or altered identification card to procure:
486 (i) a cigarette;
487 [
488 [
489 [
490 (3) A person may not knowingly use, display, or transfer a false or altered
491 identification card to procure alcoholic beverages, gain admittance to a place where alcoholic
492 beverages are sold or consumed, or obtain employment that may not be obtained by a minor in
493 violation of Section 32B-1-403.
494 (4) It is a third degree felony if a person's acquisition, use, display, or transfer of a false
495 or altered identification card:
496 (a) aids or furthers the person's efforts to fraudulently obtain goods or services; or
497 (b) aids or furthers the person's efforts to commit a violent felony.
498 Section 9. Section 76-8-311.3 is amended to read:
499 76-8-311.3. Items prohibited in correctional and mental health facilities --
500 Penalties.
501 (1) As used in this section:
502 (a) "Contraband" means any item not specifically prohibited for possession by
503 offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
504 (b) "Controlled substance" means any substance defined as a controlled substance
505 under Title 58, Chapter 37, Utah Controlled Substances Act.
506 (c) "Correctional facility" means:
507 (i) any facility operated by or contracting with the Department of Corrections to house
508 offenders in either a secure or nonsecure setting;
509 (ii) any facility operated by a municipality or a county to house or detain criminal
510 offenders;
511 (iii) any juvenile detention facility; and
512 (iv) any building or grounds appurtenant to the facility or lands granted to the state,
513 municipality, or county for use as a correctional facility.
514 (d) "Electronic cigarette" [
515 76-10-101.
516 (e) "Medicine" means any prescription drug as defined in Title 58, Chapter 17b,
517 Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58,
518 Chapter 37, Utah Controlled Substances Act.
519 (f) "Mental health facility" is as defined in Section 62A-15-602.
520 (g) "Offender" means a person in custody at a correctional facility.
521 (h) "Secure area" is as defined in Section 76-8-311.1.
522 (2) Notwithstanding Section 76-10-500, a correctional or mental health facility may
523 provide by rule that no firearm, ammunition, dangerous weapon, implement of escape,
524 explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in any
525 quantity may be:
526 (a) transported to or upon a correctional or mental health facility;
527 (b) sold or given away at any correctional or mental health facility;
528 (c) given to or used by any offender at a correctional or mental health facility; or
529 (d) knowingly or intentionally possessed at a correctional or mental health facility.
530 (3) It is a defense to any prosecution under this section if the accused in committing the
531 act made criminal by this section with respect to:
532 (a) a correctional facility operated by the Department of Corrections, acted in
533 conformity with departmental rule or policy;
534 (b) a correctional facility operated by a municipality, acted in conformity with the
535 policy of the municipality;
536 (c) a correctional facility operated by a county, acted in conformity with the policy of
537 the county; or
538 (d) a mental health facility, acted in conformity with the policy of the mental health
539 facility.
540 (4) (a) Any person who transports to or upon a correctional facility, or into a secure
541 area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of
542 escape with intent to provide or sell it to any offender, is guilty of a second degree felony.
543 (b) Any person who provides or sells to any offender at a correctional facility, or any
544 detainee at a secure area of a mental health facility, any firearm, ammunition, dangerous
545 weapon, or implement of escape is guilty of a second degree felony.
546 (c) Any offender who possesses at a correctional facility, or any detainee who
547 possesses at a secure area of a mental health facility, any firearm, ammunition, dangerous
548 weapon, or implement of escape is guilty of a second degree felony.
549 (d) Any person who, without the permission of the authority operating the correctional
550 facility or the secure area of a mental health facility, knowingly possesses at a correctional
551 facility or a secure area of a mental health facility any firearm, ammunition, dangerous weapon,
552 or implement of escape is guilty of a third degree felony.
553 (e) Any person violates Section 76-10-306 who knowingly or intentionally transports,
554 possesses, distributes, or sells any explosive in a correctional facility or mental health facility.
555 (5) (a) A person is guilty of a third degree felony who, without the permission of the
556 authority operating the correctional facility or secure area of a mental health facility, knowingly
557 transports to or upon a correctional facility or into a secure area of a mental health facility any:
558 (i) spirituous or fermented liquor;
559 (ii) medicine, whether or not lawfully prescribed for the offender; or
560 (iii) poison in any quantity.
561 (b) A person is guilty of a third degree felony who knowingly violates correctional or
562 mental health facility policy or rule by providing or selling to any offender at a correctional
563 facility or detainee within a secure area of a mental health facility any:
564 (i) spirituous or fermented liquor;
565 (ii) medicine, whether or not lawfully prescribed for the offender; or
566 (iii) poison in any quantity.
567 (c) An inmate is guilty of a third degree felony who, in violation of correctional or
568 mental health facility policy or rule, possesses at a correctional facility or in a secure area of a
569 mental health facility any:
570 (i) spirituous or fermented liquor;
571 (ii) medicine, other than medicine provided by the facility's health care providers in
572 compliance with facility policy; or
573 (iii) poison in any quantity.
574 (d) A person is guilty of a class A misdemeanor who, with the intent to directly or
575 indirectly provide or sell any tobacco product or electronic cigarette to an offender, directly or
576 indirectly:
577 (i) transports, delivers, or distributes any tobacco product or electronic cigarette to an
578 offender or on the grounds of any correctional facility;
579 (ii) solicits, requests, commands, coerces, encourages, or intentionally aids another
580 person to transport any tobacco product or electronic cigarette to an offender or on any
581 correctional facility, if the person is acting with the mental state required for the commission of
582 an offense; or
583 (iii) facilitates, arranges, or causes the transport of any tobacco product or electronic
584 cigarette in violation of this section to an offender or on the grounds of any correctional
585 facility.
586 (e) A person is guilty of a class A misdemeanor who, without the permission of the
587 authority operating the correctional or mental health facility, fails to declare or knowingly
588 possesses at a correctional facility or in a secure area of a mental health facility any:
589 (i) spirituous or fermented liquor;
590 (ii) medicine; or
591 (iii) poison in any quantity.
592 (f) A person is guilty of a class B misdemeanor who, without the permission of the
593 authority operating the correctional facility, knowingly engages in any activity that would
594 facilitate the possession of any contraband by an offender in a correctional facility. The
595 provisions of Subsection (5)(d) regarding any tobacco product or electronic cigarette take
596 precedence over this Subsection (5)(f).
597 (g) Exemptions may be granted for worship for Native American inmates pursuant to
598 Section 64-13-40.
599 (6) The possession, distribution, or use of a controlled substance at a correctional
600 facility or in a secure area of a mental health facility shall be prosecuted in accordance with
601 Title 58, Chapter 37, Utah Controlled Substances Act.
602 (7) The department shall make rules under Title 63G, Chapter 3, Utah Administrative
603 Rulemaking Act, to establish guidelines for providing written notice to visitors that providing
604 any tobacco product or electronic cigarette to offenders is a class A misdemeanor.
605 Section 10. Section 76-10-101 is amended to read:
606 76-10-101. Definitions.
607 As used in this part:
608 (1) "Cigar" means a product that contains nicotine, is intended to be burned under
609 ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in
610 any substance containing tobacco, other than any roll of tobacco that is a cigarette as described
611 in Subsection (2).
612 (2) "Cigarette" means a product that contains nicotine, is intended to be burned under
613 ordinary conditions of use, and consists of:
614 (a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
615 (b) any roll of tobacco wrapped in any substance containing tobacco which, because of
616 its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to
617 be offered to, or purchased by, consumers as a cigarette described in Subsection (2)(a).
618 (3) "Electronic cigarette" means [
619
620 (a) any electronic oral device:
621 (i) that provides an aerosol or a vapor of nicotine or other substance; and
622 (ii) which simulates smoking through use or through inhalation of the device;
623 (b) an oral device that is:
624 (i) composed of a heating element, battery, or electronic circuit; and
625 (ii) marketed, manufactured, distributed, or sold as an e-cigarette, e-cigar, e-pipe, or
626 any other product name or descriptor if the function of the product meets the definition in
627 Subsection (3)(a);
628 (c) a component of the device described in Subsection (3)(a);
629 (d) an accessory sold in the same package as the device described in Subsection
630 (3)(a)(i); and
631 (e) any substance, including liquid containing nicotine, used or intended for use in a
632 device described in Subsections (3)(a) through (e).
633 (4) "Place of business" includes:
634 (a) a shop;
635 (b) a store;
636 (c) a factory;
637 (d) a public garage;
638 (e) an office;
639 (f) a theater;
640 (g) a recreation hall;
641 (h) a dance hall;
642 (i) a poolroom;
643 (j) a café;
644 (k) a cafeteria;
645 (l) a cabaret;
646 (m) a restaurant;
647 (n) a hotel;
648 (o) a lodging house;
649 (p) a streetcar;
650 (q) a bus;
651 (r) an interurban or railway passenger coach;
652 (s) a waiting room; and
653 (t) any other place of business.
654 (5) "Smoking" means the possession of any lighted cigar, cigarette, pipe, or other
655 lighted smoking equipment.
656 Section 11. Section 76-10-104 (Superseded 07/01/20) is amended to read:
657 76-10-104 (Superseded 07/01/20). Providing a cigar, cigarette, or tobacco to a
658 minor -- Penalties.
659 (1) Any person who knowingly, intentionally, recklessly, or with criminal negligence
660 provides any cigar, cigarette, [
661 19 years of age, is guilty of a class C misdemeanor on the first offense, a class B misdemeanor
662 on the second offense, and a class A misdemeanor on subsequent offenses.
663 (2) For purposes of this section "provides":
664 (a) includes selling, giving, furnishing, sending, or causing to be sent; and
665 (b) does not include the acts of the United States Postal Service or other common
666 carrier when engaged in the business of transporting and delivering packages for others or the
667 acts of a person, whether compensated or not, who transports or delivers a package for another
668 person without any reason to know of the package's content.
669 Section 12. Section 76-10-104 (Effective 07/01/20) is amended to read:
670 76-10-104 (Effective 07/01/20). Providing a cigar, cigarette, or tobacco to a minor
671 -- Penalties.
672 (1) A person violates this section who knowingly, intentionally, recklessly, or with
673 criminal negligence provides a cigar, cigarette, [
674 an individual under [
675 first offense, a class B misdemeanor on the second offense, and a class A misdemeanor on
676 subsequent offenses[
677 [
678 [
679 (2) As used in this section "provides":
680 (a) includes selling, giving, furnishing, sending, or causing to be sent; and
681 (b) does not include the acts of the United States Postal Service or other common
682 carrier when engaged in the business of transporting and delivering packages for others or the
683 acts of a person, whether compensated or not, who transports or delivers a package for another
684 person without any reason to know of the package's content.
685 Section 13. Section 76-10-105 (Superseded 07/01/20) is amended to read:
686 76-10-105 (Superseded 07/01/20). Buying or possessing a cigar, cigarette, or
687 tobacco by a minor -- Penalty -- Compliance officer authority -- Juvenile court
688 jurisdiction.
689 (1) Any 18 year old person who buys or attempts to buy, accepts, or has in the person's
690 possession any cigar, cigarette, [
691 C misdemeanor and subject to:
692 (a) a minimum fine or penalty of $60; and
693 (b) participation in a court-approved tobacco education program, which may include a
694 participation fee.
695 (2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
696 person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject
697 to the jurisdiction of the juvenile court and subject to Section 78A-6-602, unless the violation
698 is committed on school property. If a violation under this section is adjudicated under Section
699 78A-6-117, the minor may be subject to the following:
700 (a) a fine or penalty, in accordance with Section 78A-6-117; and
701 (b) participation in a court-approved tobacco education program, which may include a
702 participation fee.
703 (3) A compliance officer appointed by a board of education under Section 53G-4-402
704 may not issue a citation for a violation of this section committed on school property. A cited
705 violation committed on school property shall be addressed in accordance with Section
706 53G-8-211.
707 Section 14. Section 76-10-105 (Effective 07/01/20) is amended to read:
708 76-10-105 (Effective 07/01/20). Buying or possessing a cigar, cigarette, or tobacco
709 by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
710 (1) (a) An individual who is 18 years or older, but younger than [
711
712 possession any cigar, cigarette, [
713 infraction and subject to:
714 (i) a minimum fine or penalty of $60; and
715 (ii) participation in a court-approved tobacco education or cessation program, which
716 may include a participation fee.
717 (b) For purposes of Subsection (1)(a), the individual is younger than[
718 [
719 [
720 (2) An individual under the age of 18 who buys or attempts to buy, accepts, or has in
721 the individual's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is
722 subject to the jurisdiction of the juvenile court and subject to Section 78A-6-602, unless the
723 violation is committed on school property. If a violation under this section is adjudicated under
724 Section 78A-6-117, the minor may be subject to the following:
725 (a) a fine or penalty, in accordance with Section 78A-6-117; and
726 (b) participation in a court-approved tobacco education program, which may include a
727 participation fee.
728 (3) A compliance officer appointed by a board of education under Section 53G-4-402
729 may not issue a citation for a violation of this section committed on school property. A cited
730 violation committed on school property shall be addressed in accordance with Section
731 53G-8-211.
732 (4) (a) This section does not apply to the purchase or possession of a cigar, cigarette,
733 electronic cigarette, tobacco, or tobacco paraphernalia by an individual who is [
734 older and is:
735 (i) on active duty in the United States Armed Forces; or
736 (ii) a spouse or dependent of an individual who is on active duty in the United States
737 Armed Forces.
738 (b) A valid, government-issued military identification card is required to verify proof
739 of age under Subsection (4)(a).
740 Section 15. Section 76-10-105.1 (Superseded 07/01/20) is amended to read:
741 76-10-105.1 (Superseded 07/01/20). Requirement of direct, face-to-face sale of
742 cigarettes and tobacco -- Minors not allowed in tobacco specialty shop -- Penalties.
743 (1) As used in this section:
744 (a) "Cigarette" means the same as that term is defined in Section 59-14-102.
745 (b) (i) "Face-to-face exchange" means a transaction made in person between an
746 individual and a retailer or retailer's employee.
747 (ii) "Face-to-face exchange" does not include a sale through a:
748 (A) vending machine; or
749 (B) self-service display.
750 (c) "Retailer" means a person who:
751 (i) sells a cigarette[
752 personal consumption; or
753 (ii) operates a facility with a vending machine that sells a cigarette[
754
755 (d) "Self-service display" means a display of a cigarette[
756
757 employee.
758 (e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
759 (f) "Tobacco specialty shop" means a "retail tobacco specialty business" as that term is
760 defined:
761 (i) as it relates to a municipality, in Section 10-8-41.6; and
762 (ii) as it relates to a county, in Section 17-50-333.
763 (2) Except as provided in Subsection (3), a retailer may sell a cigarette[
764
765 (3) The face-to-face sale requirement in Subsection (2) does not apply to:
766 (a) a mail-order, telephone, or Internet sale made in compliance with Section
767 59-14-509;
768 (b) a sale from a vending machine or self-service display that is located in an area of a
769 retailer's facility:
770 (i) that is distinct and separate from the rest of the facility; and
771 (ii) where the retailer only allows an individual who complies with Subsection (4) to be
772 present; or
773 (c) a sale at a tobacco specialty shop.
774 (4) An individual who is less than 19 years old may not enter or be present at a tobacco
775 specialty shop unless the individual is:
776 (a) accompanied by a parent or legal guardian;
777 (b) present at the tobacco shop for a bona fide commercial purpose other than to
778 purchase a cigarette[
779 (c) 18 years old or older and an active duty member of the United States Armed Forces,
780 as demonstrated by a valid, government-issued military identification card.
781 (5) A parent or legal guardian who accompanies, under Subsection (4)(a), an individual
782 into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not allow the
783 individual to purchase a cigarette[
784 (6) A violation of Subsection (2) or (4) is a:
785 (a) class C misdemeanor on the first offense;
786 (b) class B misdemeanor on the second offense; and
787 (c) class A misdemeanor on the third and all subsequent offenses.
788 (7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor
789 under Section 76-10-104.
790 (8) (a) Any ordinance, regulation, or rule adopted by the governing body of a political
791 subdivision of the state or by a state agency that affects the sale, placement, or display of
792 cigarettes[
793 provisions of this section and Section 76-10-102 is superseded.
794 (b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use
795 ordinance by a municipal or county government.
796 Section 16. Section 76-10-105.1 (Effective 07/01/20) is amended to read:
797 76-10-105.1 (Effective 07/01/20). Requirement of direct, face-to-face sale of
798 cigarettes and tobacco -- Minors not allowed in tobacco specialty shop -- Penalties.
799 (1) As used in this section:
800 (a) "Cigarette" means the same as that term is defined in Section 59-14-102.
801 (b) (i) "Face-to-face exchange" means a transaction made in person between an
802 individual and a retailer or retailer's employee.
803 (ii) "Face-to-face exchange" does not include a sale through a:
804 (A) vending machine; or
805 (B) self-service display.
806 (c) "Retailer" means a person who:
807 (i) sells a cigarette[
808 personal consumption; or
809 (ii) operates a facility with a vending machine that sells a cigarette[
810
811 (d) "Self-service display" means a display of a cigarette[
812
813 employee.
814 (e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
815 (f) "Tobacco specialty shop" means a "retail tobacco specialty business" as that term is
816 defined:
817 (i) as it relates to a municipality, in Section 10-8-41.6; and
818 (ii) as it relates to a county, in Section 17-50-333.
819 (2) Except as provided in Subsection (3), a retailer may sell a cigarette[
820
821 (3) The face-to-face sale requirement in Subsection (2) does not apply to:
822 (a) a mail-order, telephone, or Internet sale made in compliance with Section
823 59-14-509;
824 (b) a sale from a vending machine or self-service display that is located in an area of a
825 retailer's facility:
826 (i) that is distinct and separate from the rest of the facility; and
827 (ii) where the retailer only allows an individual who complies with Subsection (4) to be
828 present; or
829 (c) a sale at a tobacco specialty shop.
830 (4) (a) An individual who is less than the age specified in Subsection (4)(b) may not
831 enter or be present at a tobacco specialty shop unless the individual is:
832 (i) accompanied by a parent or legal guardian;
833 (ii) present at the tobacco shop for a bona fide commercial purpose other than to
834 purchase a cigarette[
835 (iii) 18 years old or older and an active duty member of the United States Armed
836 Forces, as demonstrated by a valid, government-issued military identification card.
837 (b) For purposes of Subsection (4)(a), the individual is younger than:
838 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
839 (ii) beginning July 1, 2021, 21 years old.
840 (5) A parent or legal guardian who accompanies, under Subsection (4)(a)(i), an
841 individual into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not
842 allow the individual to purchase a cigarette[
843 (6) A violation of Subsection (2) or (4) is a:
844 (a) class C misdemeanor on the first offense;
845 (b) class B misdemeanor on the second offense; and
846 (c) class A misdemeanor on the third and all subsequent offenses.
847 (7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor
848 under Section 76-10-104.
849 (8) (a) An ordinance, regulation, or rule adopted by the governing body of a political
850 subdivision of the state or by a state agency that affects the sale, minimum age of sale,
851 placement, or display of cigarettes[
852 identical to this section and Section 76-10-102 is superseded.
853 (b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use
854 ordinance by a municipal or county government.
855 Section 17. Section 76-10-111 is amended to read:
856 76-10-111. Prohibition of gift or free distribution of smokeless tobacco --
857 Exceptions.
858 (1) The Legislature finds that:
859 (a) smokeless tobacco, or chewing tobacco, is harmful to the health of individuals who
860 use those products because research indicates that they may cause mouth or oral cancers;
861 (b) the use of smokeless tobacco among juveniles in this state is increasing rapidly;
862 (c) the use of electronic cigarettes may lead to unhealthy behavior such as the use of
863 tobacco products; and
864 (d) it is necessary to restrict the gift of the products described in this Subsection (1) in
865 the interest of the health of the citizens of this state.
866 (2) Except as provided in Subsection (3), it is unlawful for a manufacturer, wholesaler,
867 and retailer to give or distribute without charge any smokeless tobacco[
868
869 misdemeanor for the first offense, and is guilty of a class B misdemeanor for any subsequent
870 offense.
871 (3) (a) Smokeless tobacco[
872 distributed to adults without charge at professional conventions where the general public is
873 excluded.
874 (b) Subsection (2) does not apply to a retailer, manufacturer, or distributor who gives
875 smokeless tobacco[
876 upon the person's purchase of another tobacco product [
877 Section 18. Section 76-10-113 is enacted to read:
878 76-10-113. Prohibition on the manufacture, distribution, sale, possession, and use
879 of electronic cigarettes.
880 (1) It is unlawful for any person to knowingly manufacture, distribute, sell, offer for
881 sale, give, furnish, buy, attempt to buy, accept, or have in the person's possession any electronic
882 cigarette in the state.
883 (2) Except as provided in Subsection 76-10-105(2), any person who violates this
884 section is guilty of a class A misdemeanor.
885 (3) (a) This section does not apply to an individual who is 21 years or older, and is:
886 (i) on active duty in the United States Armed Forces; or
887 (ii) a spouse or dependent of an individual who is on active duty in the United States
888 Armed Forces.
889 (b) A valid, government-issued military identification card is required to verify proof
890 of age under Subsection (3)(a).
891 Section 19. Section 77-39-101 (Superseded 07/01/20) is amended to read:
892 77-39-101 (Superseded 07/01/20). Investigation of sales of alcohol and tobacco to
893 underage persons.
894 [
895 [
896 Classifications, may investigate the possible violation of:
897 (i) Section 32B-4-403 by requesting an individual under the age of 21 years to enter
898 into and attempt to purchase or make a purchase of alcohol from a retail establishment; or
899 (ii) Section 76-10-104 by requesting an individual under the age of 19 years to enter
900 into and attempt to purchase or make a purchase from a retail establishment of:
901 (A) a cigar;
902 (B) a cigarette; or
903 (C) tobacco in any form[
904 [
905 (b) A peace officer who is present at the site of a proposed purchase shall direct,
906 supervise, and monitor the individual requested to make the purchase.
907 (c) Immediately following a purchase or attempted purchase or as soon as practical the
908 supervising peace officer shall inform the cashier and the proprietor or manager of the retail
909 establishment that the attempted purchaser was under the legal age to purchase:
910 (i) alcohol; or
911 (ii) (A) a cigar;
912 (B) a cigarette; or
913 (C) tobacco in any form[
914 [
915 (d) If a citation or information is issued, it shall be issued within seven days of the
916 purchase.
917 [
918 purchase, a written consent of that individual's parent or guardian shall be obtained prior to that
919 individual participating in any attempted purchase.
920 (b) An individual requested by the peace officer to attempt a purchase may:
921 (i) be a trained volunteer; or
922 (ii) receive payment, but may not be paid based on the number of successful purchases
923 of alcohol[
924 [
925 anyone accompanying the individual attempting a purchase may not during the attempted
926 purchase misrepresent the age of the individual by false or misleading identification
927 documentation in attempting the purchase.
928 [
929 this section is immune from prosecution, suit, or civil liability for the purchase of, attempted
930 purchase of, or possession of alcohol, a cigar, a cigarette, or tobacco in any form[
931
932 [
933 this section shall be conducted:
934 (i) on a random basis; and
935 (ii) within a 12-month period at any one retail establishment location not more often
936 than:
937 (A) two times for the attempted purchase of:
938 (I) a cigar;
939 (II) a cigarette;
940 (III) tobacco in any form; [
941 [
942 (B) four times for the attempted purchase of alcohol.
943 (b) Nothing in this section shall prohibit an investigation or an attempt to purchase
944 tobacco under this section if:
945 (i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
946 cigar, a cigarette, or tobacco in any form[
947 age established by Section 32B-4-403 or 76-10-104; and
948 (ii) the supervising peace officer makes a written record of the grounds for the
949 reasonable suspicion.
950 [
951 attempted purchase shall make a report of the attempted purchase, whether or not a purchase
952 was made.
953 (b) The report required by this Subsection [
954 (i) the name of the supervising peace officer;
955 (ii) the name of the individual attempting the purchase;
956 (iii) a photograph of the individual attempting the purchase showing how that
957 individual appeared at the time of the attempted purchase;
958 (iv) the name and description of the cashier or proprietor from whom the individual
959 attempted the purchase;
960 (v) the name and address of the retail establishment; and
961 (vi) the date and time of the attempted purchase.
962 Section 20. Section 77-39-101 (Effective 07/01/20) is amended to read:
963 77-39-101 (Effective 07/01/20). Investigation of sales of alcohol, tobacco, and
964 electronic cigarettes to underage individuals.
965 [
966 [
967 Classifications, may investigate the possible violation of:
968 (i) Section 32B-4-403 by requesting an individual under 21 years old to enter into and
969 attempt to purchase or make a purchase of alcohol from a retail establishment; or
970 (ii) Section 76-10-104 by requesting an individual under the age specified in
971 Subsection [
972 establishment of:
973 (A) a cigar;
974 (B) a cigarette; or
975 (C) tobacco in any form[
976 [
977 (b) A peace officer who is present at the site of a proposed purchase shall direct,
978 supervise, and monitor the individual requested to make the purchase.
979 (c) Immediately following a purchase or attempted purchase or as soon as practical the
980 supervising peace officer shall inform the cashier and the proprietor or manager of the retail
981 establishment that the attempted purchaser was under the legal age to purchase:
982 (i) alcohol; or
983 (ii) (A) a cigar;
984 (B) a cigarette; or
985 (C) tobacco in any form[
986 [
987 (d) If a citation or information is issued, it shall be issued within seven days of the
988 purchase.
989 (e) For purposes of Subsection [
990 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
991 (ii) beginning July 1, 2021, 21 years old.
992 [
993 purchase, a written consent of that individual's parent or guardian shall be obtained prior to that
994 individual participating in any attempted purchase.
995 (b) An individual requested by the peace officer to attempt a purchase may:
996 (i) be a trained volunteer; or
997 (ii) receive payment, but may not be paid based on the number of successful purchases
998 of alcohol[
999 [
1000 anyone accompanying the individual attempting a purchase may not during the attempted
1001 purchase misrepresent the age of the individual by false or misleading identification
1002 documentation in attempting the purchase.
1003 [
1004 this section is immune from prosecution, suit, or civil liability for the purchase of, attempted
1005 purchase of, or possession of alcohol, a cigar, a cigarette, or tobacco in any form[
1006
1007 [
1008 this section shall be conducted:
1009 (i) on a random basis; and
1010 (ii) within a 12-month period at any one retail establishment location not more often
1011 than:
1012 (A) two times for the attempted purchase of:
1013 (I) a cigar;
1014 (II) a cigarette; or
1015 (III) tobacco in any form; [
1016 [
1017 (B) four times for the attempted purchase of alcohol.
1018 (b) This section does not prohibit an investigation or an attempt to purchase tobacco
1019 under this section if:
1020 (i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
1021 cigar, a cigarette, or tobacco in any form[
1022 age established by Section 32B-4-403 or 76-10-104; and
1023 (ii) the supervising peace officer makes a written record of the grounds for the
1024 reasonable suspicion.
1025 [
1026 attempted purchase shall make a report of the attempted purchase, whether or not a purchase
1027 was made.
1028 (b) The report required by this Subsection [
1029 (i) the name of the supervising peace officer;
1030 (ii) the name of the individual attempting the purchase;
1031 (iii) a photograph of the individual attempting the purchase showing how that
1032 individual appeared at the time of the attempted purchase;
1033 (iv) the name and description of the cashier or proprietor from whom the individual
1034 attempted the purchase;
1035 (v) the name and address of the retail establishment; and
1036 (vi) the date and time of the attempted purchase.
1037 Section 21. Repealer.
1038 This bill repeals:
1039 Section 26-57-101, Title.
1040 Section 26-57-102, Definitions.
1041 Section 26-57-103, Electronic cigarette products -- Labeling -- Manufacturing and
1042 quality control standards -- Advertising.
1043 Section 59-14-801, Title.
1044 Section 59-14-802, Definitions.
1045 Section 59-14-803, License to sell electronic cigarette products.
1046 Section 22. Effective date.
1047 (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2020.
1048 (2) The actions affecting the following sections take effect on July 1, 2020:
1049 (a) Section 10-8-47 (Effective 07/01/20);
1050 (b) Section 76-10-104 (Effective 07/01/20);
1051 (c) Section 76-10-105 (Effective 07/01/20);
1052 (d) Section 76-10-105.1 (Effective 07/01/20); and
1053 (e) Section 77-39-101 (Effective 07/01/20).