(1) As used in this section: (a) "Cigarette" means the same as that term is defined in Section 59-14-102. (b) (i) "Face-to-face exchange" means a transaction made in person between an individual and a retailer or retailer's employee. (ii) "Face-to-face exchange" does not include a sale through a: (A) vending machine; or (B) self-service display. (c) "Retailer" means a person who: (i) sells a cigarette, tobacco, or an electronic cigarette to an individual for personal consumption; or (ii) operates a facility with a vending machine that sells a cigarette, tobacco, or an electronic cigarette. (d) "Self-service display" means a display of a cigarette, tobacco, or an electronic cigarette to which the public has access without the intervention of a retailer or retailer's employee. (e) "Tobacco" means any product, except a cigarette, made of or containing tobacco. (f) "Tobacco specialty shop" means a "retail tobacco specialty business" as that term is defined: (i) as it relates to a municipality, in Section 10-8-41.6; and (ii) as it relates to a county, in Section 17-50-333.

(a) "Cigarette" means the same as that term is defined in Section 59-14-102.

(b) (i) "Face-to-face exchange" means a transaction made in person between an individual and a retailer or retailer's employee. (ii) "Face-to-face exchange" does not include a sale through a: (A) vending machine; or (B) self-service display.

(i) "Face-to-face exchange" means a transaction made in person between an individual and a retailer or retailer's employee.

(ii) "Face-to-face exchange" does not include a sale through a: (A) vending machine; or (B) self-service display.

(A) vending machine; or

(B) self-service display.

(c) "Retailer" means a person who: (i) sells a cigarette, tobacco, or an electronic cigarette to an individual for personal consumption; or (ii) operates a facility with a vending machine that sells a cigarette, tobacco, or an electronic cigarette.

(i) sells a cigarette, tobacco, or an electronic cigarette to an individual for personal consumption; or

(ii) operates a facility with a vending machine that sells a cigarette, tobacco, or an electronic cigarette.

(d) "Self-service display" means a display of a cigarette, tobacco, or an electronic cigarette to which the public has access without the intervention of a retailer or retailer's employee.

(e) "Tobacco" means any product, except a cigarette, made of or containing tobacco.

(f) "Tobacco specialty shop" means a "retail tobacco specialty business" as that term is defined: (i) as it relates to a municipality, in Section 10-8-41.6; and (ii) as it relates to a county, in Section 17-50-333.

(i) as it relates to a municipality, in Section 10-8-41.6; and

(ii) as it relates to a county, in Section 17-50-333.

(2) Except as provided in Subsection (3), a retailer may sell a cigarette, tobacco, or an electronic cigarette only in a face-to-face exchange.

(3) The face-to-face sale requirement in Subsection (2) does not apply to: (a) a mail-order, telephone, or Internet sale made in compliance with Section 59-14-509; (b) a sale from a vending machine or self-service display that is located in an area of a retailer's facility: (i) that is distinct and separate from the rest of the facility; and (ii) where the retailer only allows an individual who complies with Subsection (4) to be present; or (c) a sale at a tobacco specialty shop.

(a) a mail-order, telephone, or Internet sale made in compliance with Section 59-14-509;

(b) a sale from a vending machine or self-service display that is located in an area of a retailer's facility: (i) that is distinct and separate from the rest of the facility; and (ii) where the retailer only allows an individual who complies with Subsection (4) to be present; or

(i) that is distinct and separate from the rest of the facility; and

(ii) where the retailer only allows an individual who complies with Subsection (4) to be present; or

(c) a sale at a tobacco specialty shop.

(4) An individual who is less than 19 years old may not enter or be present at a tobacco specialty shop unless the individual is: (a) accompanied by a parent or legal guardian; (b) present at the tobacco shop for a bona fide commercial purpose other than to purchase a cigarette, tobacco, or an electronic cigarette; or (c) 18 years old or older and an active duty member of the United States Armed Forces, as demonstrated by a valid, government-issued military identification card.

(a) accompanied by a parent or legal guardian;

(b) present at the tobacco shop for a bona fide commercial purpose other than to purchase a cigarette, tobacco, or an electronic cigarette; or

(c) 18 years old or older and an active duty member of the United States Armed Forces, as demonstrated by a valid, government-issued military identification card.

(5) A parent or legal guardian who accompanies, under Subsection (4)(a), an individual into an area described in Subsection (3)(b), or into a tobacco specialty shop, may not allow the individual to purchase a cigarette, tobacco, or an electronic cigarette.

(6) A violation of Subsection (2) or (4) is a: (a) class C misdemeanor on the first offense; (b) class B misdemeanor on the second offense; and (c) class A misdemeanor on the third and all subsequent offenses.

(a) class C misdemeanor on the first offense;

(b) class B misdemeanor on the second offense; and

(c) class A misdemeanor on the third and all subsequent offenses.

(7) An individual who violates Subsection (5) is guilty of providing tobacco to a minor under Section 76-10-104.

(8) (a) Any ordinance, regulation, or rule adopted by the governing body of a political subdivision of the state or by a state agency that affects the sale, placement, or display of cigarettes, tobacco, or electronic cigarettes that is not essentially identical to the provisions of this section and Section 76-10-102 is superseded. (b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use ordinance by a municipal or county government.

(a) Any ordinance, regulation, or rule adopted by the governing body of a political subdivision of the state or by a state agency that affects the sale, placement, or display of cigarettes, tobacco, or electronic cigarettes that is not essentially identical to the provisions of this section and Section 76-10-102 is superseded.

(b) Subsection (8)(a) does not apply to the adoption or enforcement of a land use ordinance by a municipal or county government.