Utah Code 26B-7-518. Penalties
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(1)
Terms Used In Utah Code 26B-7-518
- Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
- Electronic cigarette product: 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
- General tobacco retailer: means a tobacco retailer that is not a retail tobacco specialty business. See Utah Code 26B-7-501
- Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-7-501
- Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
- Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
- Owner: means a person holding a 20% ownership interest in the business that is required to obtain a permit under this part. See Utah Code 26B-7-501
- Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Retail tobacco specialty business: means the same as that term is defined:
(20)(a) as it relates to a municipality, in Section 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
(1)(a) If an enforcing agency determines that a person has violated the terms of a permit issued under this part, the enforcing agency may impose the penalties described in this section.(1)(b) If multiple violations are found in a single inspection by an enforcing agency or a single investigation by a law enforcement agency under Section 77-39-101, the enforcing agency shall treat the multiple violations as one single violation under Subsections (2), (3), and (4).(2) Except as provided in Subsections (3) and (4), if a violation is found in an investigation by a law enforcement agency under Section 77-39-101 or an inspection by an enforcing agency, the enforcing agency shall:(2)(a) on a first violation at a retail location, impose a penalty of $1,000;(2)(b) on a second violation at the same retail location that occurs within one year of a previous violation, impose a penalty of $1,500;(2)(c) on a third violation at the same retail location that occurs within two years after two previous violations, impose:(2)(c)(i) a suspension of the permit for 30 consecutive business days within 60 days after the day on which the third violation occurs; or(2)(c)(ii) a penalty of $2,000; and(2)(d) on a fourth or subsequent violation within two years of three previous violations:(2)(d)(i) impose a penalty of $2,000;(2)(d)(ii) revoke a permit of the retailer; and(3) If a violation is found in an investigation of a general tobacco retailer by a law enforcement agency under Section 77-39-101 for the sale of a tobacco product, an electronic cigarette product, or a nicotine product to an individual under 21 years old and the violation is committed by the owner of the general tobacco retailer, the enforcing agency shall:(3)(a) on a first violation, impose a fine of $2,000 on the general tobacco retailer; and(3)(b) on the second violation for the same general tobacco retailer within one year of the first violation:(3)(b)(i) impose a fine of $5,000; and(3)(b)(ii) revoke the permit for the general tobacco retailer.(4) If a violation is found in an investigation of a retail tobacco specialty business by a law enforcement agency under Section 77-39-101 for the sale of a tobacco product, an electronic cigarette product, or a nicotine product to an individual under 21 years old, the enforcing agency shall:(4)(a) on the first violation:(4)(a)(i) impose a fine of $5,000; and(4)(a)(ii) immediately suspend the permit for 30 consecutive days; and(4)(b) on the second violation at the same retail location within two years of the first violation:(4)(b)(i) impose a fine of $10,000; and(4)(b)(ii) revoke the permit for the retail tobacco specialty business.(5)(5)(a) Except when a transfer described in Subsection (6) occurs, a local health department may not issue a permit to:(5)(a)(i) a tobacco retailer for whom a permit is suspended or revoked under Subsection (2) or (3); or(5)(a)(ii) a tobacco retailer that has the same proprietor, director, corporate officer, partner, or other holder of significant interest as another tobacco retailer for whom a permit is suspended or revoked under Subsection (2), (3), or (4).(5)(b) A person whose permit:(5)(b)(i) is suspended under this section may not apply for a new permit for any other tobacco retailer for a period of 12 months after the day on which an enforcing agency suspends the permit; and(5)(b)(ii) is revoked under this section may not apply for a new permit for any tobacco retailer for a period of 24 months after the day on which an enforcing agency revokes the permit.(6) Violations of this part, Section 10-8-41.6, or Section 17-50-333 that occur at a tobacco retailer location shall stay on the record for that tobacco retailer location unless:(6)(a) the tobacco retailer is transferred to a new proprietor; and(6)(b) the new proprietor provides documentation to the local health department that the new proprietor is acquiring the tobacco retailer in an arm’s length transaction from the previous proprietor. - Retail tobacco specialty business: means the same as that term is defined: