Section 304 - Hearing -- Evidence of criminal conviction. (Superseded 7/1/2020)

UT Code § 26-62-304 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) At a civil hearing conducted under Section 26-62-302, evidence of the final criminal conviction of a tobacco retailer or employee for violation of Section 76-10-104 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 tobacco products to a person under the age of 19 is prima facie evidence of a violation of this chapter.

(2) If the tobacco retailer is convicted of violating Section 76-10-104, the enforcing agency: (a) may not assess an additional monetary penalty under this chapter for the same offense for which the conviction was obtained; and (b) may revoke or suspend a permit in accordance with Section 26-62-305.

(a) may not assess an additional monetary penalty under this chapter for the same offense for which the conviction was obtained; and

(b) may revoke or suspend a permit in accordance with Section 26-62-305.