Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-39-101 Investigation of sales of alcohol and tobacco to under age persons.
(1) (a) A peace officer, as defined by Title 53, Chapter 13, Peace Officer Classifications, may investigate the possible violation of Section 32A-12-203 or Section 76-10-104 by requesting a person under the legal age to attempt to purchase alcohol as provided in Section 32A-12-203 , or tobacco as provided in Section 76-10-104 , to enter into and attempt to purchase or make a purchase of alcohol or tobacco products from a retail establishment.
(b) A peace officer who is present at the site of a proposed purchase shall direct, supervise, and monitor the person requested to make the purchase.
(c) Immediately following the purchase or attempted purchase or as soon as practical the supervising peace officer shall inform the cashier and the proprietor or manager of the retail establishment that the attempted purchaser was under the legal age to purchase alcohol or tobacco.
(d) If a citation or information is issued, it shall be issued within seven days of the purchase.
(2) (a) If a person under the age of 18 years old is requested to attempt a purchase, a written consent of that person's parent or guardian shall be obtained prior to that person participating in any attempted purchase.
(b) A person requested by the peace officer to attempt a purchase may be a trained volunteer or receive payment but may not be paid based on the number of successful purchases of alcohol or tobacco.
(3) The person requested by the peace officer to attempt a purchase and anyone accompanying the person attempting a purchase may not during the attempted purchase misrepresent the age of the person by false or misleading identification documentation in attempting the purchase.
(4) A person requested to purchase alcohol or tobacco pursuant to this section is immune from prosecution, suit, or civil liability for the purchase of, attempted purchase of, or possession of alcohol or tobacco if a peace officer directs, supervises, and monitors the person.
(5) (a) Except as provided in Subsection (5)(b), a purchase attempted under this section shall be conducted on a random basis, but not more often than four times within a 12-month period at any one retail establishment location.
(b) Nothing in this section shall prohibit an investigation under this section if:
(i) there is reasonable suspicion to believe the retail establishment has sold alcohol or tobacco to a person under the age established by Section 32A-12-203 or 76-10-104 ; and
(ii) the supervising peace officer makes a written record of the grounds for the reasonable suspicion.
(6) (a) The peace officer exercising direction, supervision, and monitoring of the attempted purchase shall make a report of the attempted purchase, whether or not a purchase was made.
(b) The report shall include:
(i) the name of the supervising peace officer;
(ii) the name of the person attempting the purchase;
(iii) a photograph of the person attempting the purchase showing how that person appeared at the time of the attempted purchase;
(iv) the name and description of the cashier or proprietor from whom the person attempted the purchase;
(v) the name and address of the retail establishment; and
(vi) the date and time of the attempted purchase.
1998
