26B-7-517.  Hearing — Evidence of criminal conviction.

(1)  At a civil hearing conducted under Section 26B-7-515, 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 violation of this part for sale of a tobacco product, an electronic cigarette product, or a nicotine product to an individual under 21 years old is prima facie evidence of a violation of this part.

Terms Used In Utah Code 26B-7-517

  • Conviction: A judgement of guilt against a criminal defendant.
  • Electronic cigarette: 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
  • Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501
  • Tobacco product: means :
(a) a tobacco product as defined in Section 76-10-101; or
(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
    • (2)  If the tobacco retailer is convicted of violating Section 76-10-114, the enforcing agency:

    (a)  shall assess an additional monetary penalty under this part for the same offense for which the conviction was obtained; and

    (b)  shall revoke or suspend a permit in accordance with Section 26B-7-518.

    Renumbered and Amended by Chapter 308, 2023 General Session

      Previous section
    Next section  
     Part 5 Contents