(1) (a) As used in this section, "self-service display" means the same as that term is defined in Section 76-9-1107 . (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 presence of a minor inside a tobacco specialty business if the actor: (a) is under 21 years old; and (b) enters or is present inside a retail tobacco specialty business. (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) An actor under 21 years old may enter or be present inside a tobacco specialty business if the actor is: (a) accompanied by the actor's parent or legal guardian; or (b) (i) present at the retail tobacco specialty business solely for the purpose of providing a service to the tobacco retail specialty business, including making a delivery; (ii) monitored by the proprietor of the retail tobacco specialty business or an employee of the retail tobacco specialty business; and (iii) not permitted to make any purchase or conduct any commercial transaction other than the service described in Subsection (4)(b)(i) . (5) (a) An individual's parent or legal guardian who accompanies an individual under Subsection (4)(a) inside a tobacco specialty business 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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