| (1) |
A person, regardless of whether the person is a licensee under Section 59-14-202, is guilty of a class B misdemeanor for each instance in which the person knowingly or with reason to know:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 59-14-211- Cigarette: means a roll made wholly or in part of tobacco:
| (a) | regardless of:| (i) | the size of the roll; |
| (ii) | the shape of the roll; |
| (iii) | whether the tobacco is flavored, adulterated, or mixed with any other ingredient; or |
| (iv) | whether the tobacco is heated or burned; and |
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| (b) | if the roll has a wrapper or cover that is made of paper or any other substance or material except tobacco. See Utah Code 59-14-102- Consumer: means a person that is not required:
| (c) | to obtain a license under Section 59-14-803. See Utah Code 59-14-102- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Importer: means a person that imports into the United States, either directly or indirectly, a finished cigarette for sale or distribution. See Utah Code 59-14-102
- manufacturer: means a person that:
| (i) | manufactures, fabricates, assembles, processes, or labels a finished cigarette; or |
| (ii) | makes, modifies, mixes, manufactures, fabricates, assembles, processes, labels, repackages, relabels, or imports an electronic cigarette product or a nicotine product. See Utah Code 59-14-102- Person: means :Utah Code 68-3-12.5
- Retailer: means a person that:
| (a) | sells or distributes a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state; or |
| (b) | intends to sell or distribute a cigarette, an electronic cigarette product, or a nicotine product to a consumer in the state. See Utah Code 59-14-102- Stamp: means the indicia required to be placed on a cigarette package that evidences payment of the tax on cigarettes required by Section 59-14-205. See Utah Code 59-14-102
- 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
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| (a) |
sells or distributes cigarettes described under Section 59-14-210; |
| (b) |
acquires, holds, owns, possesses, transports, imports, or causes to be imported cigarettes:
| (ii) |
intended for distribution or sale in the state; |
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| (c) |
alters the package of any cigarettes prior to their sale or distribution to the ultimate consumer to remove, conceal, or obscure a notice, warning label, or other package information described in Subsection 59-14-210(1)(a); or |
| (d) |
affixes a stamp used to pay the tax imposed under Section 59-14-204, 3, or 4, to a package or container of cigarettes:
| (ii) |
known by the person affixing the stamp to be altered as described under Subsection (1)(c); or |
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| (2) |
If a person knowingly or with reason to know commits an act described in Subsections (1)(a) through (d), the commission shall:
| (a) |
suspend or revoke a license issued to the person under Section 59-14-202; and |
| (b) |
regardless of whether the person is licensed under Section 59-14-202, impose a civil penalty in an amount not to exceed the greater of:
| (i) |
500% of the retail value of the cigarettes; or |
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| (3) |
Any person whose commercial interests have been adversely affected as a result of a violation of this section may bring an action for injunctive relief, damages, or both. |
| (4) |
| (a) |
The sale or possession for sale of counterfeit cigarettes by a manufacturer, importer, distributor, or retailer is punishable by a court of law as follows:
| (i) |
a first violation involving a total quantity of less than 100 cartons of cigarettes is punishable by a fine in an amount the greater of $500 or five times the retail value of the cigarettes; |
| (ii) |
a subsequent violation involving a total quantity of less than 100 cartons of cigarettes is punishable by:
| (A) |
the greater of a fine of $2,000 or five times the retail value of the cigarettes; |
| (B) |
imprisonment not to exceed one year; or |
| (C) |
both imprisonment and a fine imposed by this Subsection (4)(a)(ii); and |
| (D) |
the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to two years; |
|
| (iii) |
a first violation involving a total quantity of 100 cartons of cigarettes or more is punishable by:
| (A) |
the greater of a fine of $2,500 or five times the retail value of the cigarettes; |
| (B) |
imprisonment not to exceed five years; or |
| (C) |
both the fine and imprisonment imposed by this Subsection (4)(a)(iii); |
|
| (iv) |
a second violation involving a quantity of 100 cartons of cigarettes or more is punishable by:
| (A) |
the greater of a fine of $10,000 or five times the retail value of the cigarettes; |
| (B) |
imprisonment not to exceed five years; or |
| (C) |
both the fine and imprisonment imposed by this Subsection (4)(a)(iv); and |
| (D) |
the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to five years; and |
|
| (v) |
a third and subsequent violation involving a quantity of 100 cartons of cigarettes or more is punishable by:
| (A) |
the greater of a fine of $25,000 or five times the retail value of the cigarettes; |
| (B) |
imprisonment not to exceed five years; or |
| (C) |
both the fine and imprisonment imposed by this Subsection (4)(a)(v); and |
| (D) |
the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to five years; and |
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| (b) |
any counterfeit cigarette seized by the commission shall be destroyed. |
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Amended by Chapter 204, 2005 General Session
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