Utah Code 53-7-504. Offenses — Civil penalties — Penalty money to be deposited into the Fire Prevention Support Account
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Terms Used In Utah Code 53-7-504
- Distribute: means to:(2)(a)(i) deliver to a person other than the purchaser; or(2)(a)(ii) provide as part of a commercial promotion or as a prize or premium. See Utah Code 53-7-502
- 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.
- Importer: means a person who causes a lighter to enter this state from a manufacturing, wholesale, distribution, or retail sales point outside this state:
(3)(a) for the purpose of selling or distributing the lighter within this state; or(3)(b) with the result that the lighter is sold or distributed within this state. See Utah Code 53-7-502- Lighter: means a handheld mechanical device of a type typically used for igniting tobacco products by use of a flame. See Utah Code 53-7-502
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Sell: means to provide or promise to provide a product to a wholesale, retail, mail-order, or other purchaser in exchange for consideration. See Utah Code 53-7-502
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State fire marshal: means the fire marshal appointed director by the commissioner under Section
53-7-103 . See Utah Code 53-7-102(1)(a) A person may not sell, offer for sale, or distribute a novelty lighter in this state.(1)(b) A person may not import a novelty lighter into this state for the purpose of selling or distributing the novelty lighter within this state.(1)(c) A person may not possess a novelty lighter in inventory for the purpose of selling or distributing the novelty lighter within this state.(2)(2)(a) The state fire marshal may assess a civil penalty against a person who violates Subsection (1) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.(2)(b) The civil penalty for a violation of Subsection (1) may not exceed:(2)(b)(i) $10,000 for the importation of novelty lighters;(2)(b)(ii) $1,000 if the person acts as a wholesaler of novelty lighters or distributes novelty lighters by means other than distribution directly to consumers; and(2)(b)(iii) $500 if the person is:(2)(b)(iii)(A) a retail seller of novelty lighters; or(2)(b)(iii)(B) a person distributing novelty lighters, other than as a manufacturer, importer, or wholesaler.(3) If a person continues to violate this section after the state fire marshal gives the person written notice of a violation, each day that the violation continues after written notice is given is a separate offense subject to a civil penalty.(4)(4)(a) For purposes of imposing civil penalties, it is prima facie evidence that a lighter is a novelty lighter if the lighter is listed by the state fire marshal as a novelty lighter under Section 53-7-503, or is of a class or type of lighter listed by the state fire marshal as a novelty lighter.(4)(b) Listing by the state fire marshal is not a requirement for a determination that a lighter is a novelty lighter.(5) All money collected from civil penalties under this section shall be deposited into the Fire Prevention Support Account created in Section 53-7-204.2.(6) A person may seek judicial review of a final agency action under this part as provided in Title 63G, Chapter 4, Administrative Procedures Act.