Utah Code 26B-7-511. Permit requirements for a retail tobacco specialty business

26B-7-511. Permit requirements for a retail tobacco specialty business.

(1)

A retail tobacco specialty business shall:

Terms Used In Utah Code 26B-7-511

Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
Electronic cigarette product: 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
Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
Proof of age: means :

(i)	a valid identification card issued under 8;

(ii)

a valid identification that:

(A)	is substantially similar to an identification card issued under 8;

(B)	is issued in accordance with the laws of a state other than Utah in which the identification is issued;

(C)	includes date of birth; and

(D)	has a picture affixed;

(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;

(iv)

a valid United States military identification card that:

(A)	includes date of birth; and

(B)	has a picture affixed; or

(v)

a valid passport. See Utah Code 26B-7-501

Retail tobacco specialty business: means the same as that term is defined:

(a)

as it relates to a municipality, in Section 10-8-41. 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
(a)	electronically verify proof of age for any individual that enters the premises of the business in accordance with Section 26B-7-521;

(b)	except as provided in Subsection 76-10-105.1(4), prohibit any individual from entering the business if the individual is under 21 years old; and

(c)

prominently display at the retail tobacco specialty business a sign on the public entrance of the business that communicates:

(i)	the prohibition on the presence of an individual under 21 years old in a retail tobacco specialty business in Subsection 76-10-105.1(4); and

(ii)	the prohibition on the sale of tobacco products and electronic cigarette products to an individual under 21 years old as described in Sections 76-10-104, 76-10-104.1, 76-10-105.1, and 76-10-114.

(2)

A retail tobacco specialty business may not:

(a)	employ an individual under 21 years old to sell a tobacco product, an electronic cigarette product, or a nicotine product; or

(b)	permit an employee under 21 years old to sell a tobacco product, an electronic cigarette product, or a nicotine product.

Renumbered and Amended by Chapter 308, 2023 General Session

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