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 that an employee verify proof of age as provided in this section.

• (3) To comply with Subsection (2), an employee shall:
  • (a) request the individual present proof of age; and
  • (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)
  • (a) A retail tobacco specialty business may not disclose information obtained under this section except as provided under this part.
  • (b) Information obtained under this section:
    • (i) shall be kept for at least 180 days; and
    • (ii) is subject to inspection upon request by a peace officer or the representative of an enforcing agency.

• (6)
  • (a) If an employee does not verify proof of age under this section, the employee may not permit an individual to:
    • (i) except as provided in Subsection (6)(b), enter a retail tobacco specialty business; or
    • (ii) purchase a tobacco product or an electronic cigarette product.
  • (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:
    • (i) accompanied by a parent or legal guardian who provides proof of age; or
    • (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;
      • (B) monitored by the proprietor of the retail tobacco specialty business or an employee of the retail tobacco specialty business; and
      • (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:
  • (a) an employee;
  • (b) a peace officer; or
  • (c) a representative of an enforcing agency.

Amended by Chapter 348, 2021 General Session