76-10-105.1.  Requirement of direct, face-to-face sale of a tobacco product, an electronic cigarette product, or a nicotine product — Minors not allowed in tobacco specialty shop — Penalties.

(1)  As used in this section:

(a) 

(i)  “Face-to-face exchange” means a transaction made in person between an individual and a retailer or retailer’s employee.

(ii)  “Face-to-face exchange” does not include a sale through a:

(A)  vending machine; or

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(B)  self-service display.

(b)  “Retailer” means a person who:

(i)  sells a tobacco product, an electronic cigarette product, or a nicotine product to an individual for personal consumption; or

(ii)  operates a facility with a vending machine that sells a tobacco product, an electronic cigarette product, or a nicotine product.

(c)  “Self-service display” means a display of a tobacco product, an electronic cigarette product, or a nicotine product to which the public has access without the intervention of a retailer or retailer’s employee.

(2)  Except as provided in Subsection (3), a retailer may sell a tobacco product, an electronic cigarette product, or a nicotine product only in a face-to-face exchange.

(3)  The face-to-face sale requirement in Subsection (2) does not apply to:

(a)  a mail-order, telephone, or Internet sale made in compliance with Section 59-14-509;

(b)  a sale from a vending machine or self-service display that is located in an area of a retailer’s facility:

(i)  that is distinct and separate from the rest of the facility; and

(ii)  where the retailer only allows an individual who complies with Subsection (4) to be present; or

(c)  a sale at a retail tobacco specialty business.

(4)  An individual who is under 21 years old may not enter or be present at a retail tobacco specialty business unless the individual is:

(a)  accompanied by a parent or legal guardian; or

(b) 

(i)  present at the retail tobacco specialty business solely for the purpose of providing a service to the retail tobacco specialty business, including making a delivery;

(ii)  monitored by the proprietor of the retail tobacco specialty business or an employee of the retail tobacco specialty business; and

(iii)  not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (4)(b)(i).

(5)  A parent or legal guardian who accompanies, under Subsection (4)(a), an individual into an area described in Subsection (3)(b) or into a retail tobacco specialty business may not allow the individual to purchase a tobacco product, an electronic cigarette product, or a nicotine product.

(6)  A violation of Subsection (2) or (4) is a:

(a)  class C misdemeanor on the first offense;

(b)  class B misdemeanor on the second offense; and

(c)  class A misdemeanor on any subsequent offenses.

(7)  An individual who violates Subsection (5) is guilty of an offense under Section 76-10-104.

Amended by Chapter 348, 2021 General Session