Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 131 Third Substitute (2015GS)

Sponsor

Rep. Powell, K.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that an individual less than 19 years old cannot, under certain conditions, be present in a tobacco specialty shop; and
• modifies a definition of electronic cigarette.

Every vote on this bill

Bill text

TOBACCO SHOP AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kraig Powell
Senate Sponsor: 
Allen M. Christensen
LONG TITLE
General Description:
This bill amends provisions related to tobacco shops.
Highlighted Provisions:
This bill:
▸ provides that an individual less than 19 years old cannot, under certain conditions,
be present in a tobacco specialty shop; and
▸ modifies a definition of electronic cigarette.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-10-101
, as last amended by Laws of Utah 2010, Chapter 114
76-10-105.1
, as last amended by Laws of Utah 2010, Chapter 114
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-10-101
 is amended to read:
76-10-101.
Definitions.
As used in this part:
(1) "Cigar" means a product that contains nicotine, is intended to be burned under
ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in
any substance containing tobacco, other than any roll of tobacco that is a cigarette as described
in Subsection (2).
(2) "Cigarette" means a product that contains nicotine, is intended to be burned under
ordinary conditions of use, and consists of:
(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(b) any roll of tobacco wrapped in any substance containing tobacco which, because of
its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to
be offered to, or purchased by, consumers as a cigarette described in Subsection (2)(a).
(3) 
(a)
 "Electronic cigarette" means [
any device, other than a cigarette or cigar,
intended to deliver vapor containing nicotine into a person's respiratory system.
]
:
(i) an electronic device used to deliver or capable of delivering vapor containing
nicotine to an individual's respiratory system; or
(ii) any component of or accessory intended for use with the device described in
Subsection (3)(a)(i).
(b) "Electronic cigarette" includes an e-cigarette as defined in Section 
26-38-2
.
(4) "Electronic cigarette product" means an electronic cigarette or an electronic
cigarette substance.
(5) "Electronic cigarette substance" means any substance, including liquid containing
nicotine, used or intended for use in an electronic cigarette.
[
(4)
] 
(6)
 "Place of business" includes:
(a) a shop;
(b) a store;
(c) a factory;
(d) a public garage;
(e) an office;
(f) a theater;
(g) a recreation hall;
(h) a dance hall;
(i) a poolroom;
(j) a café;
(k) a cafeteria;
(l) a cabaret;
(m) a restaurant;
(n) a hotel;
(o) a lodging house;
(p) a streetcar;
(q) a bus;
(r) an interurban or railway passenger coach;
(s) a waiting room; and
(t) any other place of business.
[
(5)
] 
(7)
 "Smoking" means the possession of any lighted cigar, cigarette, pipe, or other
lighted smoking equipment.
Section 2. Section 
76-10-105.1
 is amended to read:
76-10-105.1.
Requirement of direct, face-to-face sale of cigarettes, tobacco, and
electronic cigarettes -- Minors not allowed in tobacco specialty shop -- Penalties.
(1) As used in this section:
[
(a) "Cigarette tobacco" means a product that consists of loose tobacco that contains or
delivers nicotine and is intended for use by a consumer in a cigarette.
]
[
(b) "Pipe tobacco" means a product that consists of loose tobacco that contains or
delivers nicotine and is intended to be smoked by a consumer in a pipe.
]
(a) "Cigarette" means the same as that term is defined in Section 
59-14-102
.
(b) (i) "Face-to-face exchange" means a transaction made in person between an
individual and a retailer or retailer's employee.
(ii) "Face-to-face exchange" does not include a sale through a:
(A) vending machine; or
(B) self-service display.
(c) "Retailer" means a person who [
sells cigarettes, electronic cigarettes, cigars,
cigarette tobacco, pipe tobacco, or smokeless tobacco to individuals for personal consumption
or who
]
:
(i) sells a cigarette, tobacco, or an electronic cigarette product to an individual for
personal consumption; or
(ii)
 operates a facility [
where a vending machine or a self-service display is permitted
under Subsection (3)(b)
] 
with a vending machine that sells a cigarette, tobacco, or an electronic
cigarette product
.
(d) "Self-service display" means a display of [
cigarettes, electronic cigarettes, cigars,
cigarette tobacco, pipe tobacco, or smokeless tobacco products
] 
a cigarette, tobacco, or an
electronic cigarette product
 to which the public has access without the intervention of a [
retail
]
retailer or retailer's
 employee.
[
(e) "Smokeless tobacco" means a product that consists of cut, ground, powdered, or
leaf tobacco that contains nicotine and that is intended to be placed in the oral cavity.
]
(e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.
(f) "Tobacco specialty shop" means a retailer with a physical location that derives at
least 80% of its total sales from the sale of cigarettes, tobacco, or electronic cigarette products.
(2) [
(a)
] Except as provided in Subsection (3), a retailer may sell [
cigarettes, electronic
cigarettes, cigars, cigarette tobacco, pipe tobacco, and smokeless tobacco only in a direct,
face-to-face exchange between:
] 
a cigarette, tobacco, or an electronic cigarette product only in
a face-to-face exchange.
[
(i) an employee of the retailer; and
]
[
(ii) the purchaser.
]
[
(b) Examples of methods that are not permitted include vending machines and
self-service displays.
]
[
(c) Subsections (2)(a) and (b) do not prohibit the use or display of locked cabinets
containing cigarettes, electronic cigarettes, cigars, cigarette tobacco, pipe tobacco, or smokeless
tobacco if the locked cabinets are accessible only to the retailer or the retailer's employees.
]
[
(3) The following sales are permitted as exceptions to Subsection (2):
]
[
(a) mail-order sales, if the provisions of Section 
59-14-509
 are met;
]
[
(b) sales from vending machines, including vending machines that sell packaged,
single cigarettes or cigars, and self-service displays that are located in a separate and defined
area within a facility where the retailer ensures that no person younger than 19 years of age is
present, or permitted to enter, at any time, unless accompanied by a parent or legal guardian;
and
]
[
(c) sales by a retailer from a retail store which derives at least 80% of its revenue from
tobacco and tobacco related products and where the retailer ensures that no person younger
than 19 years of age is present, or permitted to enter at any time, unless accompanied by a
parent or legal guardian.
]
[
(4) Any ordinance, regulation, or rule adopted by the governing body of a political
subdivision of the state or by a state agency that affects the sale, placement, or display of
cigarettes, electronic cigarettes, cigars, cigarette tobacco, pipe tobacco, or smokeless tobacco
that is not essentially identical to the provisions of this section and Section 
76-10-102
 is
superseded.
]
[
(5) (a) A parent or legal guardian who accompanies a person younger than 19 years of
age into an area described in Subsection (3)(b) or into a retail store as described in Subsection
(3)(c) and permits the person younger than 19 years of age to purchase or otherwise take a
cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of providing tobacco as
provided for in Section 
76-10-104
 and the penalties provided for in that section.
]
[
(b) Nothing in this section may be construed as permitting a person to provide tobacco
to a minor in violation of Section 
76-10-104
.
]
(3) The face-to-face sale requirement in Subsection (2) does not apply to:
(a) a mail-order, telephone, or Internet sale made in compliance with Section
59-14-509
;
(b) a sale from a vending machine or self-service display that is located in an area of a
retailer's facility:
(i) that is distinct and separate from the rest of the facility; and
(ii) where the retailer only allows an individual who complies with Subsection (4) to be
present; or
(c) a sale at a tobacco specialty shop.
(4) An individual who is less than 19 years old may not enter or be present at a tobacco
specialty shop unless the individual is:
(a) accompanied by a parent or legal guardian;
(b) present at the tobacco shop for a bona fide commercial purpose other than to
purchase a cigarette, tobacco, or an electronic cigarette; or
(c) 18 years old or older and an active duty member of the United States Armed Forces,
as demonstrated by a valid, government-issued military identification card.
(5) A parent or legal guardian who accompanies, under Subsection (4)(a), an individual
into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not allow the
individual to purchase a cigarette, tobacco, or an electronic cigarette product.
(6) [
Violation
] 
A violation
 of Subsection (2) or [
(3)
] 
(4)
 is a:
(a) class C misdemeanor on the first offense;
(b) class B misdemeanor on the second offense; and
(c) class A misdemeanor on the third and all subsequent offenses.
(7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor
under Section 
76-10-104
.
(8) Any ordinance, regulation, or rule adopted by the governing body of a political
subdivision of the state or by a state agency that affects the sale, placement, or display of
cigarettes, tobacco, or electronic cigarette products that is not essentially identical to the
provisions of this section and Section 
76-10-102
 is superseded.
(9) Subsection (8) does not apply to the adoption or enforcement of a land use
ordinance by a municipal or county government.