ARTICLE XXVII. - OFFENSES REGARDING CIGARETTES, TOBACCO AND PSYCHOTOXIC CHEMICAL SOLVENTS
Part of the Code of Ordinances of Minersville, UT.
The text
Footnotes:
--- (14) --- State Law reference— Cigarettes and tobacco and psychotoxic chemical solvents, U.C.A. 1953, § 76-10-101 et seq.
Sec. 14-831. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alternative nicotine product. (1)
The term "alternative nicotine product" means a product, other than a cigarette, a counterfeit cigarette, an electronic cigarette product, a nontherapeutic nicotine product, or a tobacco product, that:
a.
Contains nicotine;
b.
Is intended for human consumption;
c.
Is not purchased with a prescription from a licensed physician; and
d.
Is not approved by the United States Food and Drug Administration as nicotine replacement therapy.
(2)
The term "alternative nicotine product" includes:
a.
Pure nicotine;
b.
Snortable nicotine;
c.
Dissolvable salts, orbs, pellets, sticks, or strips; and
d.
Nicotine-laced food and beverage.
(3)
The term "alternative nicotine product" does not include a fruit, a vegetable, or a tea that contains naturally occurring nicotine.
Cigar means a product that contains nicotine, is intended to be burned under ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in any substance containing tobacco, other than any roll of tobacco that is a cigarette.
Cigarette means a product that contains nicotine, is intended to be heated or burned under ordinary conditions of use, and consists of: (1)
Any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(2)
Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subsection (1) of this definition.
Electronic cigarette. (1)
The term "electronic cigarette" means:
a.
Any electronic oral device:
1.
That provides an aerosol or a vapor of nicotine or other substance; and
2.
Which simulates smoking through the use or inhalation of the device;
b.
A component of the device described in subsection (1)a of this definition; or
c.
An accessory sold in the same package as the device described in subsection (1)a of this definition.
(2)
The term "electronic cigarette" includes an oral device that is:
a.
Composed of a heating element, battery, or electronic circuit; and
b.
Marketed, manufactured, distributed, or sold as:
1.
An e-cigarette;
2.
An e-cigar;
3.
An e-pipe; or
4.
Any other product name or descriptor, if the function of the product meets the definition of subsection (1) of this definition.
(3)
The term "electronic cigarette" does not mean a medical cannabis device, as that term is defined in U.C.A. 1953, § 26-61a-102.
Electronic cigarette product means an electronic cigarette, an electronic cigarette substance, or a prefilled electronic cigarette.
Electronic cigarette substance means any substance, including liquid containing nicotine, used or intended for use in an electronic cigarette.
Flavored electronic cigarette product. (1)
The term "flavored electronic cigarette product" means an electronic cigarette product that has a taste or smell that is distinguishable by an ordinary consumer either before or during use or consumption of the electronic cigarette product.
(2)
The term "flavored electronic cigarette product" includes an electronic cigarette product that has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice.
(3)
The term "flavored electronic cigarette product" does not include an electronic cigarette product that:
a.
Has a taste or smell of only tobacco, mint, or menthol; or
b.
Has been approved by an order granting a premarket tobacco product application of the electronic cigarette product by the United States Food and Drug Administration under 21 USC 387j(c)(1)(A)(i).
Nicotine means a poisonous, nitrogen containing chemical that is made synthetically or derived from tobacco or other plants.
Nicotine product means an alternative nicotine product or a nontherapeutic nicotine product.
Nontherapeutic nicotine device. (1)
The term "nontherapeutic nicotine device" means a device that:
(1)
Has a pressurized canister that is used to administer nicotine to the user through inhalation or intranasally;
(2)
Is not purchased with a prescription from a licensed physician; and
(3)
Is not approved by the United States Food and Drug Administration as nicotine replacement therapy.
(2)
The term "nontherapeutic nicotine device" includes a nontherapeutic nicotine inhaler or a nontherapeutic nicotine nasal spray.
Nontherapeutic nicotine device substance means a substance that: (1)
Contains nicotine;
(2)
Is sold in a cartridge for use in a nontherapeutic nicotine device;
(3)
Is not purchased with a prescription from a licensed physician; and
(4)
Is not approved by the United States Food and Drug Administration as nicotine replacement therapy.
Nontherapeutic nicotine product means a nontherapeutic nicotine device, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device.
Place of business includes: (1)
A shop;
(2)
A store;
(3)
A factory;
(4)
A public garage;
(5)
An office;
(6)
A theater;
(7)
A recreation hall;
(8)
A dance hall;
(9)
A poolroom;
(10)
A café;
(11)
A cafeteria;
(12)
A cabaret;
(13)
A restaurant;
(14)
A hotel;
(15)
A lodginghouse;
(16)
A streetcar;
(17)
A bus;
(18)
An interurban or railway passenger coach;
(19)
A waiting room; and
(20)
Any other place of business.
Prefilled electronic cigarette means an electronic cigarette that is sold prefilled with an electronic cigarette substance.
Prefilled nontherapeutic nicotine device means a nontherapeutic nicotine device that is sold prefilled with a nontherapeutic nicotine device substance.
Retail tobacco specialty business means the same as that term is defined in U.C.A. 1953, § 26-62-102.
Smoking means the possession of any lighted cigar, cigarette, pipe, or other lighted smoking equipment.
Tobacco paraphernalia. (1)
The term "tobacco paraphernalia" means equipment, product, or material of any kind that is used, intended for use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a tobacco product, an electronic cigarette substance, or a nontherapeutic nicotine device substance into the human body.
(2)
The term "tobacco paraphernalia" includes:
a.
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
b.
Water pipes;
c.
Carburetion tubes and devices;
d.
Smoking and carburetion masks;
e.
Roach clips, meaning objects used to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand;
f.
Chamber pipes;
g.
Carburetor pipes;
h.
Electric pipes;
i.
Air-driven pipes;
j.
Chillums;
k.
Bongs; and
l.
Ice pipes or chillers.
(3)
The term "tobacco paraphernalia" does not include matches or lighters.
Tobacco product means: (1)
A cigar;
(2)
A cigarette; or
(3)
Tobacco in any form, including:
a.
Chewing tobacco; and
b.
Any substitute for tobacco, including flavoring or additives to tobacco.
Tobacco retailer means: (1)
A general tobacco retailer, as that term is defined in U.C.A. 1953, § 26-62-102; or
(2)
A retail tobacco specialty business.
(Code 1981, § 13-1012)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-101,
Sec. 14-832. - Permitting minors to use tobacco in place of business.#
It is a Class C misdemeanor for the proprietor of any place of business to knowingly permit an individual under 21 years old to frequent a place of business while is using a tobacco product, an electronic cigarette product, or a nicotine product.
(Code 1981, § 13-1013)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-103.
Sec. 14-833. - Providing a cigar, a cigarette, an electronic cigarette product, a nicotine product, or tobacco to a minor; penalties.#
(a)
As used in this section, the term "provides":
(1)
Includes selling, giving, furnishing, sending, or causing to be sent; and
(2)
Does not include the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others or the acts of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the package's content.
(b)
An individual who knowingly, intentionally, recklessly, or with criminal negligence provides a tobacco product, an electronic cigarette product, or a nicotine product to an individual who is under 21 years old, is guilty of:
(1)
A Class C misdemeanor on the first offense;
(2)
A Class B misdemeanor on the second offense; and
(3)
A Class A misdemeanor on any subsequent offense.
(c)
This section does not apply to conduct of an employee of a tobacco retailer that is a violation of U.C.A. 1953, § 76-10-114.
(Code 1981, § 13-1014)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-104.
Sec. 14-834. - Buying or possessing a tobacco product or an electronic cigarette product by a minor; penalty; compliance officer authority; juvenile court jurisdiction.#
(a)
An individual who is 18 years of age or older, but younger than 21 years of age, and who buys or attempts to buy, accepts, or has in the individual's possession a tobacco product, an electronic cigarette product, or a nicotine product, is guilty of an infraction and subject to:
(1)
A minimum fine or penalty of $60.00; and
(2)
Participation in a court-approved tobacco education or cessation program, which may include a participation fee.
(b)
An individual who is under 18 years old and who buys or attempts to buy, accepts, or has in the individual's possession a tobacco product, an electronic cigarette product, or a nicotine product is subject to a citation under U.C.A. 1953, § 80-6-302, unless the violation is committed on school property under U.C.A. 1953, § 53G-8-211.
(c)
If a violation under this section is adjudicated under U.C.A. 1953, § 80-6-701, the minor may be subject to the following:
(1)
A fine or penalty, in accordance with U.C.A. 1953, § 80-6-709; and
(2)
Participation in a court-approved tobacco education program, which may include a participation fee.
(d)
A compliance officer appointed by a board of education under U.C.A. 1953, § 53G-4-402 may not issue a citation for a violation of this section committed on school property.
(e)
A cited violation committed on school property shall be addressed in accordance with U.C.A. 1953, § 53G-8-211.
(Code 1981, § 13-1015)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-105.
Sec. 14-835. - Abuse of psychotoxic chemical solvents.#
(a)
A person is guilty of abuse of psychotoxic chemical solvents if:
(1)
For the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, he intentionally:
a.
Smells or inhales the fumes of any psychotoxic chemical solvent; or
b.
Possesses, purchases, or attempts to possess or purchase any psychotoxic chemical solvent.
(2)
the person offers, sells, or provides a psychotoxic chemical solvent to another person, knowing that other person or a third party intends to possess or use that psychotoxic chemical in violation of subsection (a)(1) of this section sells or offers to sell any psychotoxic chemical solvent.
(b)
This section does not apply to the prescribed use, distribution, or sale of those substances for medical or dental purposes.
(c)
Abuse of psychotoxic chemical solvents is a Class B misdemeanor.
(d)
As used in this section, psychotoxic chemical solvent includes any glue, cement or other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate, or their isomers, benzene, butyl-alcohol, butyl nitrite, butyl nitrate, or their isomers, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol, methyl alcohol, methyl ethyl ketone, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene or xylene, or other chemical substances capable of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance. Nothing in this section shall be construed to include any controlled substance regulated by the provisions of U.C.A. 1953, § 58-37-1 et seq.
(Code 1981, § 13-1017)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-107.