(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.