26B-7-518.  Penalties.

(1) 

Terms Used In Utah Code 26B-7-518

(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
  • Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501
    • (a)  If an enforcing agency determines that a person has violated the terms of a permit issued under this part, 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 a law enforcement agency under Section 77-39-101, the enforcing agency shall treat the multiple violations as one single violation under Subsections (2), (3), and (4).

    • (2)  Except as provided in Subsections (3) and (4), if a violation is found in an investigation by a law enforcement agency under Section 77-39-101 or an inspection by an enforcing agency, the enforcing agency shall:

    (a)  on a first violation at a retail location, impose a penalty of $1,000;

    (b)  on a second violation at the same retail location that occurs within one year of a previous violation, impose a penalty of $1,500;

    (c)  on a third violation at the same retail location that occurs within two years after two previous violations, impose:

    (i)  a suspension of the permit for 30 consecutive business days within 60 days after the day on which the third violation occurs; or

    (ii)  a penalty of $2,000; and

    (d)  on a fourth or subsequent violation within two years of three previous violations:

    (i)  impose a penalty of $2,000;

    (ii)  revoke a permit of the retailer; and

    (iii)  if applicable, recommend to a municipality or county that a retail tobacco specialty business license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.

    (3)  If a violation is found in an investigation of a general tobacco retailer by a law enforcement agency under Section 77-39-101 for the sale of a tobacco product, an electronic cigarette product, or a nicotine product to an individual under 21 years old and the violation is committed by the owner of the general tobacco retailer, the enforcing agency shall:

    (a)  on a first violation, impose a fine of $2,000 on the general tobacco retailer; and

    (b)  on the second violation for the same general tobacco retailer within one year of the first violation:

    (i)  impose a fine of $5,000; and

    (ii)  revoke the permit for the general tobacco retailer.

    (4)  If a violation is found in an investigation of a retail tobacco specialty business by a law enforcement agency under Section 77-39-101 for the sale of a tobacco product, an electronic cigarette product, or a nicotine product to an individual under 21 years old, the enforcing agency shall:

    (a)  on the first violation:

    (i)  impose a fine of $5,000; and

    (ii)  immediately suspend the permit for 30 consecutive days; and

    (b)  on the second violation at the same retail location within two years of the first violation:

    (i)  impose a fine of $10,000; and

    (ii)  revoke the permit for the retail tobacco specialty business.

    (5) 

    (a)  Except when a transfer described in Subsection (6) occurs, a local health department may not issue a permit to:

    (i)  a tobacco retailer for whom a permit is suspended or revoked under Subsection (2) or (3); or

    (ii)  a tobacco retailer that has the same proprietor, director, corporate officer, partner, or other holder of significant interest as another tobacco retailer for whom a permit is suspended or revoked under Subsection (2), (3), or (4).

    (b)  A person whose permit:

    (i)  is suspended under this section may not apply for a new permit for any other tobacco retailer for a period of 12 months after the day on which an enforcing agency suspends the permit; and

    (ii)  is revoked under this section may not apply for a new permit for any tobacco retailer for a period of 24 months after the day on which an enforcing agency revokes the permit.

    (6)  Violations of this part, Section 10-8-41.6, or Section 17-50-333 that occur at a tobacco retailer location shall stay on the record for that tobacco retailer location unless:

    (a)  the tobacco retailer is transferred to a new proprietor; and

    (b)  the new proprietor provides documentation to the local health department that the new proprietor is acquiring the tobacco retailer in an arm’s length transaction from the previous proprietor.

    Renumbered and Amended by Chapter 308, 2023 General Session

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