Section 307 – Allocation of civil penalties.
Effective 7/1/2018 26-62-307. Allocation of civil penalties. Civil monetary penalties collected under this chapter shall be allocated as follows: (1) if a local health department conducts an adjudicative proceeding under Section 26-62-302, the penalty shall be paid to the treasurer of the county in which the violation was committed, and transferred to the local health […]
Section 401 – Verification of proof of age.
Effective 5/5/2021 26-62-401. Verification of proof of age. (1) As used in this section: (a) “Employee” means an employee of a retail tobacco specialty business. (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 […]
Section 306 – Recognition of tobacco retailer training program.
Effective 5/5/2021 26-62-306. Recognition of tobacco retailer training program. (1) In determining the amount of the monetary penalty to be imposed for a violation of this chapter, a hearing officer shall reduce the civil penalty by at least 50% if the hearing officer determines that: (a) the tobacco retailer has implemented a documented employee training […]
Section 203 – Permit term and fees.
Effective 7/1/2018 26-62-203. Permit term and fees. (1) (a) The term of a permit issued under this chapter to a retail tobacco specialty business is one year. (b) The term of a permit issued under this chapter to a general tobacco retailer is two years. (2) (a) A local health department may not issue a […]
Section 204 – Permit nontransferable.
Effective 7/1/2018 26-62-204. Permit nontransferable. (1) A permit is nontransferable. (2) If the information described in Subsection 26-62-202(3) changes, a tobacco retailer: (a) may not renew the permit; and (b) shall apply for a new permit no later than 15 days after the information in Subsection 26-62-202(3) changes. Enacted by Chapter 231, 2018 General Session
Section 205 – Permit requirements for a retail tobacco specialty business.
Effective 5/5/2021 26-62-205. Permit requirements for a retail tobacco specialty business. (1) A retail tobacco specialty business shall: (a) electronically verify proof of age for any individual that enters the premises of the business in accordance with Part 4, Proof of Age Requirements; (b) except as provided in Subsection 76-10-105.1(4), prohibit any individual from entering […]
Section 206 – Requirements for the sale of tobacco product, electronic cigarette product, or nicotine product.
Effective 7/1/2020 26-62-206. Requirements for the sale of tobacco product, electronic cigarette product, or nicotine product. (1) A tobacco retailer shall: (a) provide the customer with an itemized receipt for each sale of a tobacco product, an electronic cigarette product, or a nicotine product that separately identifies: (i) the name of the tobacco product, the […]
Section 207 – Permit requirements for the sale of tobacco products and electronic cigarette products.
Effective 7/1/2020 26-62-207. Permit requirements for the sale of tobacco products and electronic cigarette products. (1) A tobacco retailer shall: (a) provide the customer with an itemized receipt for each sale of a tobacco product or an electronic cigarette product that separately identifies: (i) the name of the tobacco product or the electronic cigarette product; […]
Section 301 – Permit violation.
Effective 7/1/2020 26-62-301. Permit violation. A person is in violation of the permit issued under this chapter if the person violates: (1) a provision of this chapter; (2) a provision of licensing laws under Section 10-8-41.6 or Section 17-50-333; (3) a provision of Title 76, Chapter 10, Part 1, Cigarettes and Tobacco and Psychotoxic Chemical […]
Section 302 – Enforcement by state and local health departments.
Effective 7/1/2018 26-62-302. Enforcement by state and local health departments. The department and local health departments shall enforce this chapter under the procedures of Title 63G, Chapter 4, Administrative Procedures Act, as an informal adjudicative proceeding, including: (1) notifying a tobacco retailer of alleged violations of this chapter; (2) conducting hearings; (3) determining violations of […]