Section 77-39-101 - [Effective 1/1/2025] (Effective 01/01/25). Investigation of sales of alcohol, tobacco products, electronic cigarette products, nicotine products, and cannabinoid products to underage individuals(1) As used in this section:(a) "Cannabinoid product" means the same as that term is defined in Section 4-41-102.(b) "Electronic cigarette product" means the same as that term is defined in Section 76-10-101.(c) "Nicotine product" means the same as that term is defined in Section 76-10-101.(d) "Peace officer" means the same as the term is described in Section 53-13-109.(e) "Tobacco product" means the same as that term is defined in Section 76-10-101.(2)(a) A peace officer may investigate the possible violation of: (i) Section 32B-4-403 by requesting an individual under 21 years old to enter into and attempt to purchase or make a purchase of alcohol from a retail establishment; (ii) Section 76-10-114 by requesting an individual under 21 years old to enter into and attempt to purchase or make a purchase from a retail establishment of: (B) an electronic cigarette product; or(C) a nicotine product ; or(iii) Subsection 4-41-105(2)(d) by requesting an individual under 21 years old to enter into and attempt to purchase or make a purchase of a cannabinoid product that contains THC or a THC analog from a retail establishment.(b) A peace officer who is present at the site of a proposed purchase shall direct, supervise, and monitor the individual requested to make the purchase.(c) Immediately following a purchase or attempted purchase or as soon as practical the supervising peace officer shall inform the cashier and the proprietor or manager of the retail establishment that the attempted purchaser was under the legal age to purchase:(ii)(B) an electronic cigarette product; or(C) a nicotine product ; or(iii) a cannabinoid product that contains THC or a THC analog.(d) If a citation or information is issued, the citation or information shall be issued within seven days after the day on which the purchase occurs.(3)(a) If an individual under 18 years old is requested to attempt a purchase, a written consent of that individual's parent or guardian shall be obtained before the individual participates in any attempted purchase.(b) An individual requested by the peace officer to attempt a purchase may: (i) be a trained volunteer; or(ii) receive payment, but may not be paid based on the number of successful purchases of alcohol, tobacco products, electronic cigarette products, nicotine products, or cannabinoid products that contain THC or a THC analog.(4) The individual requested by the peace officer to attempt a purchase and anyone accompanying the individual attempting a purchase may use false identification in attempting the purchase if:(a) the Department of Public Safety created in Section 53-1-103 provides the false identification;(b) the false identification:(i) accurately represents the individual's age; and(ii) displays a current photo of the individual; and(c) the peace officer maintains possession of the false identification at all times outside the attempt to purchase.(5) An individual requested to attempt to purchase or make a purchase pursuant to this section is immune from prosecution, suit, or civil liability for the purchase of, attempted purchase of, or possession of alcohol, a tobacco product, an electronic cigarette product, a nicotine product, or a cannabinoid product that contains THC or a THC analog if a peace officer directs, supervises, and monitors the individual.(6)(a) Except as provided in Subsection (6)(b), a purchase attempted under this section shall be conducted within a 12-month period: (i) on a random basis at any one retail establishment location, not more often than four times for the attempted purchase of alcohol; (ii) a minimum of two times at a retail establishment that sells tobacco products, electronic cigarette products, or nicotine products for the attempted purchase of a tobacco product, an electronic cigarette product, or a nicotine product ; and(iii) a minimum of one time at a retail establishment that sells a cannabinoid product that contains THC or a THC analog.(b) This section does not prohibit an investigation or an attempt to purchase alcohol, a tobacco product, an electronic cigarette product, or a nicotine product under this section if:(i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a tobacco product, an electronic cigarette product, a nicotine product, or a cannabinoid product that contains THC or a THC analog to an individual under the age established by Section 3213-4-403, Section 76-10-114 , or Subsection 4-41-105(2)(d) ; and(ii) the supervising peace officer makes a written record of the grounds for the reasonable suspicion.(7)(a) The peace officer exercising direction, supervision, and monitoring of the attempted purchase shall make a report of the attempted purchase, whether or not a purchase was made.(b) The report required by this Subsection (7) shall include: (i) the name of the supervising peace officer;(ii) the name of the individual attempting the purchase;(iii) a photograph of the individual attempting the purchase showing how that individual appeared at the time of the attempted purchase;(iv) the name and description of the cashier or proprietor from whom the individual attempted the purchase;(v) the name and address of the retail establishment; and(vi) the date and time of the attempted purchase.Amended by Chapter 35, 2024 General Session ,§ 24, eff. 1/1/2025.Amended by Chapter 291, 2021 General Session ,§ 35, eff. 5/5/2021.Amended by Chapter 347, 2020 General Session ,§ 48, eff. 7/1/2020.Amended by Chapter 302, 2020 General Session ,§ 32, eff. 7/1/2020.Amended by Chapter 232, 2019 General Session ,§ 14, eff. 7/1/2020.Amended by Chapter 231, 2018 General Session ,§ 23, eff. 7/1/2018.Amended by Chapter 114, 2010 General Session
Amended by Chapter 276, 2010 General Session.This section is set out more than once due to postponed, multiple, or conflicting amendments.