Definitions.

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  • (1) "Community location" means the same as that term is defined:
    • (a) as it relates to a municipality, in Section 10-8-41.6; and
    • (b) as it relates to a county, in Section 17-50-333.
  • (2) "Electronic cigarette product" means the same as that term is defined in Section 76-10-101.
  • (3) "Employee" means an employee of a tobacco retailer.
  • (4) "Enforcing agency" means the state Department of Health, or any local health department enforcing the provisions of this chapter.
  • (5) "General tobacco retailer" means a tobacco retailer that is not a retail tobacco specialty business.
  • (6) "Local health department" means the same as that term is defined in Section 26A-1-102.
  • (7) "Nicotine product" means the same as that term is defined in Section 76-10-101.
  • (8) "Owner" means a person holding a 20% ownership interest in the business that is required to obtain a permit under this chapter.
  • (9) "Permit" means a tobacco retail permit issued under this chapter.
  • (10)
    • (a) "Proof of age" means:
      • (i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;
      • (ii) a valid identification that:
        • (A) is substantially similar to an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;
        • (B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;
        • (C) includes date of birth; and
        • (D) has a picture affixed;
      • (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued;
      • (iv) a valid United States military identification card that:
        • (A) includes date of birth; and
        • (B) has a picture affixed; or
      • (v) a valid passport.
    • (b) "Proof of age" does not include a valid driving privilege card issued in accordance with Section 53-3-207.
  • (11) "Retail tobacco specialty business" means the same as that term is defined:
    • (a) as it relates to a municipality, in Section 10-8-41.6; and
    • (b) as it relates to a county, in Section 17-50-333.
  • (12) "Tax commission license" means a license issued by the State Tax Commission under:
    • (a) Section 59-14-201 to sell a cigarette at retail;
    • (b) Section 59-14-301 to sell a tobacco product at retail; or
    • (c) Section 59-14-803 to sell an electronic cigarette product or a nicotine product.
  • (13) "Tobacco product" means:
    • (a) a tobacco product as defined in Section 76-10-101; or
    • (b) tobacco paraphernalia as defined in Section 76-10-101.
  • (14) "Tobacco retailer" means a person that is required to obtain a tax commission license.





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