76-9-1107. Illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product.
(1) As used in this section: "Face-to-face exchange" means a transaction made in person between an individual and a retailer or retailer's employee. "Face-to-face exchange" does not include a sale through a vending machine or a self-service display. "Retailer" means a person who: sells a tobacco product, an electronic cigarette product, or a nicotine product to an individual for personal consumption; or operates a facility with a vending machine that sells a tobacco product, an electronic cigarette product, or a nicotine product. "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. Terms defined in Sectionsandapply to this section. 76-1-101.5 76-9-1101
(2) Except as provided in Subsection (4), an actor commits illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product if the actor: is a retailer; and sells a tobacco product, an electronic cigarette product, or a nicotine product in a manner that does not include a face-to-face exchange.
(3) A violation of Subsectionis: (2) a class C misdemeanor on the first offense; a class B misdemeanor on the second offense; or a class A misdemeanor on the third or subsequent offense.
(4) The face-to-face sale requirement in Subsectiondoes not apply to: (2) a mail-order, telephone, or Internet sale made in compliance with Section; 59-14-509 a sale from a vending machine or self-service display that is located in an area of a retailer's facility: that is distinct and separate from the rest of the facility; and where the retailer only allows an individual who is under 21 years old to be present if the individual: is accompanied by the actor's parent or legal guardian; or is present solely for the purpose of providing a service to the business, including making a delivery; is monitored by the proprietor business or an employee of the business; and is not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (4)(b)(ii)(B)(II); or a sale at a retail tobacco specialty business.
(5) An individual's parent or legal guardian who accompanies an individual into an area described in Subsection (4)(b)(ii)(A) may not allow the individual to purchase a tobacco product, an electronic cigarette product, or a nicotine product. A violation of Subsectionis an offense under Section. (5)(a) 76-9-1104