Section 26B-7-518 - Penalties(1)(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 from § 26-62-305 and amended by Chapter 308, 2023 General Session ,§ 327, eff. 5/3/2023.Amended by Chapter 274, 2022 General Session ,§ 21, eff. 5/4/2022.Amended by Chapter 348, 2021 General Session ,§ 5, eff. 5/5/2021.Amended by Chapter 347, 2020 General Session ,§ 18, eff. 7/1/2020.Amended by Chapter 302, 2020 General Session ,§ 34, eff. 7/1/2020, coordination clause.Amended by Chapter 302, 2020 General Session ,§ 9, eff. 7/1/2020.Amended by Chapter 232, 2019 General Session ,§ 4, eff. 7/1/2020.Renumbered from § 26-42-103 and amended by Chapter 231, 2018 General Session ,§ 16, eff. 7/1/2018.Amended by Chapter 132, 2015 General Session ,§ 2, eff. 7/1/2015.Amended by Chapter 96, 2011 General Session