76-9-1108. Illegal presence of a minor inside a tobacco specialty business.
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/ut/title-76/chapter-9/76-9-1108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
76-9-1108. Illegal presence of a minor inside a tobacco specialty business.
(a)As used in this section, "self-service display" means the same as that term is defined in Section 76-9-1107 .
(b)Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.
(2)Except as provided in Subsection
(4), an actor commits illegal presence of a minor inside a tobacco specialty business if the actor:
(a)is under 21 years old; and
(b)enters or is present inside a retail tobacco specialty business.
(3)A violation of Subsection
(2)is:
(a)a class C misdemeanor on the first offense;
(b)a class B misdemeanor on the second offense; or
(c)a class A misdemeanor on the third or subsequent offense.
(4)An actor under 21 years old may enter or be present inside a tobacco specialty business if the actor is:
(a)accompanied by the actor's parent or legal guardian; or
(i)present at the retail tobacco specialty business solely for the purpose of providing a service to the tobacco retail specialty business, including making a delivery;
(ii)monitored by the proprietor of the retail tobacco specialty business or an employee of the retail tobacco specialty business; and
(iii)not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (4)(b)(i) .
(a)An individual's parent or legal guardian who accompanies an individual under Subsection
(a)inside a tobacco specialty business may not allow the individual to purchase a tobacco product, an electronic cigarette product, or a nicotine product.
(b)A violation of Subsection (5)(a) is an offense under Section 76-9-1104 .
Enacted by Chapter 173 , 2025 General Session