53-7-504 - Offenses -- Civil penalties -- Penalty money to be deposited in the Fire Academy Support Fund.
53-7-504. Offenses -- Civil penalties -- Penalty money to be deposited in the FireAcademy Support Fund.
(1) (a) A person may not sell, offer for sale, or distribute a novelty lighter in this state.
(b) A person may not import a novelty lighter into this state for the purpose of selling ordistributing the novelty lighter within this state.
(c) A person may not possess a novelty lighter in inventory for the purpose of selling ordistributing the novelty lighter within this state.
(2) (a) The state fire marshal may assess a civil penalty against a person who violatesSubsection (1) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(b) The civil penalty for a violation of Subsection (1) may not exceed:
(i) $10,000 for the importation of novelty lighters;
(ii) $1,000 if the person acts as a wholesaler of novelty lighters or distributes noveltylighters by means other than distribution directly to consumers; and
(iii) $500 if the person is:
(A) a retail seller of novelty lighters; or
(B) a person distributing novelty lighters, other than as a manufacturer, importer, orwholesaler.
(3) If a person continues to violate this section after the state fire marshal gives theperson written notice of a violation, each day that the violation continues after written notice isgiven is a separate offense subject to a civil penalty.
(4) (a) For purposes of imposing civil penalties, it is prima facie evidence that a lighter isa novelty lighter if the lighter is listed by the state fire marshal as a novelty lighter under Section53-7-503, or is of a class or type of lighter listed by the state fire marshal as a novelty lighter.
(b) Listing by the state fire marshal is not a requirement for a determination that a lighteris a novelty lighter.
(5) All money collected from civil penalties under this section shall be deposited in theFire Academy Support Account created in Section 53-7-204.2.
(6) A person may seek judicial review of a final agency action under this part as providedin Title 63G, Chapter 4, Administrative Procedures Act.
Enacted by Chapter 376, 2010 General Session