Hearing -- Evidence of criminal conviction.

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  • (1) At a civil hearing conducted under Section 26-62-302, evidence of the final criminal conviction of a tobacco retailer for violation of Section 76-10-114 at the same location and within the same time period as the location and time period alleged in the civil hearing for violation of this chapter for sale of a tobacco product, an electronic cigarette product, or a nicotine product to an individual under 21 years old is prima facie evidence of a violation of this chapter.
  • (2) If the tobacco retailer is convicted of violating Section 76-10-114, the enforcing agency:
    • (a) shall assess an additional monetary penalty under this chapter for the same offense for which the conviction was obtained; and
    • (b) shall revoke or suspend a permit in accordance with Section 26-62-305 or 26-62-402.




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