§ 26B-7-521 — Verification of proof of age.

(1) As used in this section:
(1)(a) "Employee" means an employee of a retail tobacco specialty business.
(1)(b) "Electronic verification program" means a technology used by a retail tobacco specialty business to confirm proof of age for an individual.
(2) A retail tobacco specialty business shall require that an employee verify proof of age as provided in this section.
(3) To comply with Subsection (2), an employee shall:
(3)(a) request the individual present proof of age; and
(3)(b) verify the validity of the proof of age electronically in accordance with Subsection (4).
(4) A retail tobacco specialty business shall use an electronic verification program to assist the business in complying with the requirements of this section.
(5) (5)(a) A retail tobacco specialty business may not disclose information obtained under this section except as provided under this part.
(5)(b) Information obtained under this section:
(5)(b)(i) shall be kept for at least 180 days; and
(5)(b)(ii) is subject to inspection upon request by a peace officer or the representative of an enforcing agency.
(6) (6)(a) If an employee does not verify proof of age under this section, the employee may not permit an individual to:
(6)(a)(i) except as provided in Subsection (6)(b), enter a retail tobacco specialty business; or
(6)(a)(ii) purchase a tobacco product or an electronic cigarette product.
(6)(b) In accordance with Section 76-9-1108, an individual who is under 21 years old may be permitted to enter a retail tobacco specialty business if the individual is:
(6)(b)(i) accompanied by a parent or legal guardian who provides proof of age; or
(6)(b)(ii) (6)(b)(ii)(A) present at the retail tobacco specialty business solely for the purpose of providing a commercial service to the retail tobacco specialty business, including making a commercial delivery;
(6)(b)(ii)(B) monitored by the proprietor of the retail tobacco specialty business or an employee of the retail tobacco specialty business; and
(6)(b)(ii)(C) not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (6)(b)(ii)(A).
(7) To determine whether the individual described in Subsection (2) is 21 years old or older, the following may request an individual described in Subsection (2) to present proof of age:
(7)(a) an employee;
(7)(b) a peace officer; or
(7)(c) a representative of an enforcing agency.

Legislative History

Amended by Chapter 173, 2025 General Session