Utah Code 26B-7-521. Verification of proof of age
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(1) As used in this section:
Terms Used In Utah Code 26B-7-521
- Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
- Employee: means an employee of a tobacco retailer. 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
- Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501
- Proof of age: means :(18)(a)(i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;(18)(a)(ii) a valid identification that:(18)(a)(ii)(A) is substantially similar to an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;(18)(a)(ii)(B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;(18)(a)(ii)(C) includes date of birth; and(18)(a)(ii)(D) has a picture affixed;(18)(a)(iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued;(18)(a)(iv) a valid United States military identification card that:(18)(a)(iv)(A) includes date of birth; and(18)(a)(iv)(B) has a picture affixed; or(18)(a)(v) a valid passport. See Utah Code 26B-7-501
- 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(1)(a) “Employee” means an employee of a retail tobacco specialty business.(1)(b) “Electronic verification program” means a technology used by a retail tobacco specialty business to confirm proof of age for an individual.(2) A retail tobacco specialty business shall require that an employee verify proof of age as provided in this section.(3) To comply with Subsection (2), an employee shall:(3)(a) request the individual present proof of age; and(3)(b) verify the validity of the proof of age electronically in accordance with Subsection (4).(4) A retail tobacco specialty business shall use an electronic verification program to assist the business in complying with the requirements of this section.(5)(5)(a) A retail tobacco specialty business may not disclose information obtained under this section except as provided under this part.(5)(b) Information obtained under this section:(5)(b)(i) shall be kept for at least 180 days; and(5)(b)(ii) is subject to inspection upon request by a peace officer or the representative of an enforcing agency.(6)(6)(a) If an employee does not verify proof of age under this section, the employee may not permit an individual to:(6)(a)(i) except as provided in Subsection (6)(b), enter a retail tobacco specialty business; or(6)(a)(ii) purchase a tobacco product or an electronic cigarette product.(6)(b) In accordance with Subsection 76-10-105.1(4), an individual who is under 21 years old may be permitted to enter a retail tobacco specialty business if the individual is:(6)(b)(i) accompanied by a parent or legal guardian who provides proof of age; or(6)(b)(ii)(6)(b)(ii)(A) present at the retail tobacco specialty business solely for the purpose of providing a commercial service to the retail tobacco specialty business, including making a commercial delivery;(6)(b)(ii)(B) monitored by the proprietor of the retail tobacco specialty business or an employee of the retail tobacco specialty business; and(6)(b)(ii)(C) not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (6)(b)(ii)(A).(7) To determine whether the individual described in Subsection (2) is 21 years old or older, the following may request an individual described in Subsection (2) to present proof of age:(7)(a) an employee;(7)(b) a peace officer; or(7)(c) a representative of an enforcing agency. - Retail tobacco specialty business: means the same as that term is defined: