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 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 304 – Hearing — Evidence of criminal conviction.
Effective 5/4/2022 26-62-304. Hearing — Evidence of criminal conviction. (1) At a civil hearing conducted under Section 26-62-302, evidence of the final criminal conviction of a tobacco retailer for violation of Section 76-10-114 at the same location and within the same time period as the location and time period alleged in the civil hearing for […]
Section 305 – Penalties.
Effective 5/4/2022 26-62-305. Penalties. (1) (a) If an enforcing agency determines that a person has violated the terms of a permit issued under this chapter, the enforcing agency may impose the penalties described in this section. (b) If multiple violations are found in a single inspection by an enforcing agency or a single investigation by […]
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 […]
Section 303 – Inspection of retail tobacco businesses.
Effective 7/1/2018 26-62-303. Inspection of retail tobacco businesses. The department or a local health department may inspect a tobacco retailer to determine whether the tobacco retailer: (1) continues to meet the qualifications for the permit issued under this chapter; (2) if applicable, continues to meet the requirements for a retail tobacco specialty business license issued […]