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 17-78-1004 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 17-78-1004 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.