Section 76-10-105.1 - Requirement of direct, face-to-face sale of a tobacco product, an electronic cigarette product, or a nicotine product - Minors not allowed in tobacco specialty shop - Penalties(1) As used in this section:(a)(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: (B) self-service display.(b) "Retailer" means a person who:(i) sells a tobacco product, an electronic cigarette product, or a nicotine product to an individual for personal consumption; or(ii) operates a facility with a vending machine that sells a tobacco product, an electronic cigarette product, or a nicotine product.(c) "Self-service display" means a display of a tobacco product, an electronic cigarette product, or a nicotine product to which the public has access without the intervention of a retailer or retailer's employee.(2) Except as provided in Subsection (3), a retailer may sell a tobacco product, an electronic cigarette product, or a nicotine product only in a face-to-face exchange.(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 retail tobacco specialty business.(4) An individual who is under 21 years old may not enter or be present at a retail tobacco specialty business unless the individual is:(a) accompanied by a parent or legal guardian; or(b)(i) present at the retail tobacco specialty business solely for the purpose of providing a service to the retail tobacco 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).(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 retail tobacco specialty business may not allow the individual to purchase a tobacco product, an electronic cigarette product, or a nicotine product.(6) A violation of Subsection (2) or (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 any subsequent offenses.(7) An individual who violates Subsection (5) is guilty of an offense under Section 76-10-104.Amended by Chapter 348, 2021 General Session ,§ 8, eff. 5/5/2021.Amended by Chapter 347, 2020 General Session ,§ 46, eff. 7/1/2020.Amended by Chapter 302, 2020 General Session ,§ 25, eff. 7/1/2020.Amended by Chapter 232, 2019 General Session ,§ 13, eff. 7/1/2020.Amended by Chapter 231, 2018 General Session ,§ 22, eff. 7/1/2018.Amended by Chapter 132, 2015 General Session ,§ 11,§ 13, eff. 7/1/2015.Amended by Chapter 66, 2015 General Session ,§ 2, eff. 5/12/2015.Amended by Chapter 114, 2010 General Session