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:
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(B) |
self-service display. |
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(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. |
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(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. |
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(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 |
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(c) |
a sale at a retail tobacco specialty business. |
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(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). |
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(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. |
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(7) |
An individual who violates Subsection (5) is guilty of an offense under Section 76-10-104. |
Amended by Chapter 348, 2021 General Session