(1) (a) As used in this section: (i) (A) "Face-to-face exchange" means a transaction made in person between an individual and a retailer or retailer's employee. (B) "Face-to-face exchange" does not include a sale through a vending machine or a self-service display. (ii) "Retailer" means a person who: (A) sells a tobacco product, an electronic cigarette product, or a nicotine product to an individual for personal consumption; or (B) operates a facility with a vending machine that sells a tobacco product, an electronic cigarette product, or a nicotine product. (iii) "Self-service display" means a display of a tobacco product, an electronic cigarette product, or a nicotine product to which the public has access without the intervention of a retailer or retailer's employee. (b) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section. (2) Except as provided in Subsection (4) , an actor commits illegal indirect sale of a tobacco product, an electronic cigarette product, or a nicotine product if the actor: (a) is a retailer; and (b) sells a tobacco product, an electronic cigarette product, or a nicotine product in a manner that does not include a face-to-face exchange. (3) A violation of Subsection (2) is: (a) a class C misdemeanor on the first offense; (b) a class B misdemeanor on the second offense; or (c) a class A misdemeanor on the third or subsequent offense. (4) 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 or a remote retail sale, as defined in Section 59-14-901 , of a cigar or pipe tobacco made in compliance with Section 59-14-902 ; (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 is under 21 years old to be present if the individual: (A) is accompanied by the actor's parent or legal guardian; or (B) (I) is present solely for the purpose of providing a service to the business, including making a delivery; (II) is monitored by the proprietor business or an employee of the business; and (III) is not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (4)(b)(ii)(B)(II) ; or (c) a sale at a retail tobacco specialty business. (5) (a) An individual's parent or legal guardian who accompanies an individual into an area described in Subsection (4)(b)(ii)(A) may not allow the individual to purchase a tobacco product, an electronic cigarette product, or a nicotine product. (b) A violation of Subsection (5)(a) is an offense under Section 76-9-1104 .
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