Violations of this chapter may be subject to both criminal prosecution and civil penalties.
A. The person who sold the product may be cited by law enforcement as follows:
1. First offense - Class C misdemeanor.
2. Second offense - Class B misdemeanor.
3. Third offense - Class A misdemeanor.
4. Subsequent offenses - Class A misdemeanor.
B. A civil penalty may be imposed by the local Health Department against the owner of the store as follows:
1. First violation - five hundred dollars ($500.00).
2. Second violation (within 12 months) - seven hundred fifty dollars ($750.00).
3. Third violation (within 24 months of 2 or more previous violations) - one thousand dollars ($1,000.00) or a tobacco permit suspension for up to thirty (30) consecutive calendar days.
4. Fourth violation (within 24 months of 3 previous violations) - tobacco permit may be revoked.
C. The department or a local Health Department may:
1. Revoke a tobacco permit if a fourth violation occurs within two (2) years of three (3) previous violations;
2. In addition to a monetary penalty imposed under subsection B of this section, suspend the tobacco permit if the violation is due to a sale of tobacco products to a person under nineteen (19) years of age; and
3. 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 Utah Code Annotated be suspended or revoked. (Ord. 15-2019, 2-12-2019)