Utah Code 26B-7-517. Hearing — Evidence of criminal conviction
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(1) At a civil hearing conducted under Section 26B-7-515, evidence of the final criminal conviction of a tobacco retailer for violation of Section 76-10-114 at the same location and within the same time period as the location and time period alleged in the civil hearing for violation of this part for sale of a tobacco product, an electronic cigarette product, or a nicotine product to an individual under 21 years old is prima facie evidence of a violation of this part.
Terms Used In Utah Code 26B-7-517
- Conviction: A judgement of guilt against a criminal defendant.
- Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
- Enforcing agency: means the department, or any local health department enforcing the provisions of this part. See Utah Code 26B-7-501
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
- Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501
- Tobacco product: means :(24)(a) a tobacco product as defined in Section 76-10-101; or(24)(b) tobacco paraphernalia as defined in Section 76-10-101. See Utah Code 26B-7-501
- Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501
(2) If the tobacco retailer is convicted of violating Section 76-10-114, the enforcing agency:(2)(a) shall assess an additional monetary penalty under this part for the same offense for which the conviction was obtained; and(2)(b) shall revoke or suspend a permit in accordance with Section 26B-7-518.