77-39-101 (Effective 07/01/11) - Investigation of sales of alcohol, tobacco, and electronic cigarettes to under age persons.
77-39-101 (Effective 07/01/11). Investigation of sales of alcohol, tobacco, andelectronic cigarettes to under age persons.
(1) As used in this section, "electronic cigarette" is as defined in Section 76-10-101.
(2) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer Classifications,may investigate the possible violation of:
(i) Section 32B-4-403 by requesting an individual under the age of 21 years to enter intoand attempt to purchase or make a purchase of alcohol from a retail establishment; or
(ii) Section 76-10-104 by requesting an individual under the age of 19 years to enter intoand attempt to purchase or make a purchase from a retail establishment of:
(A) a cigar;
(B) a cigarette;
(C) tobacco in any form; or
(D) an electronic cigarette.
(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 thesupervising peace officer shall inform the cashier and the proprietor or manager of the retailestablishment that the attempted purchaser was under the legal age to purchase:
(i) alcohol; or
(ii) (A) a cigar;
(B) a cigarette;
(C) tobacco in any form; or
(D) an electronic cigarette.
(d) If a citation or information is issued, it shall be issued within seven days of thepurchase.
(3) (a) If an individual under the age of 18 years old is requested to attempt a purchase, awritten consent of that individual's parent or guardian shall be obtained prior to that individualparticipating 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 ofalcohol, tobacco, or an electronic cigarette.
(4) The individual requested by the peace officer to attempt a purchase and anyoneaccompanying the individual attempting a purchase may not during the attempted purchasemisrepresent the age of the individual by false or misleading identification documentation inattempting the purchase.
(5) An individual requested to attempt to purchase or make a purchase pursuant to thissection is immune from prosecution, suit, or civil liability for the purchase of, attemptedpurchase of, or possession of alcohol, a cigar, a cigarette, tobacco in any form, or an electroniccigarette if a peace officer directs, supervises, and monitors the individual.
(6) (a) Except as provided in Subsection (6)(b), a purchase attempted under this sectionshall be conducted:
(i) on a random basis; and
(ii) within a 12-month period at any one retail establishment location not more oftenthan:
(A) four times for the attempted purchase of:
(I) a cigar;
(II) a cigarette;
(III) tobacco in any form; or
(IV) an electronic cigarette; and
(B) four times for the attempted purchase of alcohol.
(b) Nothing in this section shall prohibit an investigation under this section if:
(i) there is reasonable suspicion to believe the retail establishment has sold alcohol, acigar, a cigarette, tobacco in any form, or an electronic cigarette to an individual under the ageestablished by Section 32B-4-403 or 76-10-104; and
(ii) the supervising peace officer makes a written record of the grounds for the reasonablesuspicion.
(7) (a) The peace officer exercising direction, supervision, and monitoring of theattempted purchase shall make a report of the attempted purchase, whether or not a purchase wasmade.
(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 individualappeared at the time of the attempted purchase;
(iv) the name and description of the cashier or proprietor from whom the individualattempted the purchase;
(v) the name and address of the retail establishment; and
(vi) the date and time of the attempted purchase.
Amended by Chapter 114, 2010 General Session
Amended by Chapter 276, 2010 General Session