State Codes and Statutes

Statutes > Utah > Title-53 > Chapter-07 > 53-7-504

53-7-504. Offenses -- Civil penalties -- Penalty money to be deposited in the FireAcademy Support Fund.
(1) (a) A person may not sell, offer for sale, or distribute a novelty lighter in this state.
(b) A person may not import a novelty lighter into this state for the purpose of selling ordistributing the novelty lighter within this state.
(c) A person may not possess a novelty lighter in inventory for the purpose of selling ordistributing the novelty lighter within this state.
(2) (a) The state fire marshal may assess a civil penalty against a person who violatesSubsection (1) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(b) The civil penalty for a violation of Subsection (1) may not exceed:
(i) $10,000 for the importation of novelty lighters;
(ii) $1,000 if the person acts as a wholesaler of novelty lighters or distributes noveltylighters by means other than distribution directly to consumers; and
(iii) $500 if the person is:
(A) a retail seller of novelty lighters; or
(B) a person distributing novelty lighters, other than as a manufacturer, importer, orwholesaler.
(3) If a person continues to violate this section after the state fire marshal gives theperson written notice of a violation, each day that the violation continues after written notice isgiven is a separate offense subject to a civil penalty.
(4) (a) For purposes of imposing civil penalties, it is prima facie evidence that a lighter isa novelty lighter if the lighter is listed by the state fire marshal as a novelty lighter under Section53-7-503, or is of a class or type of lighter listed by the state fire marshal as a novelty lighter.
(b) Listing by the state fire marshal is not a requirement for a determination that a lighteris a novelty lighter.
(5) All money collected from civil penalties under this section shall be deposited in theFire Academy Support Account created in Section 53-7-204.2.
(6) A person may seek judicial review of a final agency action under this part as providedin Title 63G, Chapter 4, Administrative Procedures Act.

Enacted by Chapter 376, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-53 > Chapter-07 > 53-7-504

53-7-504. Offenses -- Civil penalties -- Penalty money to be deposited in the FireAcademy Support Fund.
(1) (a) A person may not sell, offer for sale, or distribute a novelty lighter in this state.
(b) A person may not import a novelty lighter into this state for the purpose of selling ordistributing the novelty lighter within this state.
(c) A person may not possess a novelty lighter in inventory for the purpose of selling ordistributing the novelty lighter within this state.
(2) (a) The state fire marshal may assess a civil penalty against a person who violatesSubsection (1) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(b) The civil penalty for a violation of Subsection (1) may not exceed:
(i) $10,000 for the importation of novelty lighters;
(ii) $1,000 if the person acts as a wholesaler of novelty lighters or distributes noveltylighters by means other than distribution directly to consumers; and
(iii) $500 if the person is:
(A) a retail seller of novelty lighters; or
(B) a person distributing novelty lighters, other than as a manufacturer, importer, orwholesaler.
(3) If a person continues to violate this section after the state fire marshal gives theperson written notice of a violation, each day that the violation continues after written notice isgiven is a separate offense subject to a civil penalty.
(4) (a) For purposes of imposing civil penalties, it is prima facie evidence that a lighter isa novelty lighter if the lighter is listed by the state fire marshal as a novelty lighter under Section53-7-503, or is of a class or type of lighter listed by the state fire marshal as a novelty lighter.
(b) Listing by the state fire marshal is not a requirement for a determination that a lighteris a novelty lighter.
(5) All money collected from civil penalties under this section shall be deposited in theFire Academy Support Account created in Section 53-7-204.2.
(6) A person may seek judicial review of a final agency action under this part as providedin Title 63G, Chapter 4, Administrative Procedures Act.

Enacted by Chapter 376, 2010 General Session


State Codes and Statutes

State Codes and Statutes

Statutes > Utah > Title-53 > Chapter-07 > 53-7-504

53-7-504. Offenses -- Civil penalties -- Penalty money to be deposited in the FireAcademy Support Fund.
(1) (a) A person may not sell, offer for sale, or distribute a novelty lighter in this state.
(b) A person may not import a novelty lighter into this state for the purpose of selling ordistributing the novelty lighter within this state.
(c) A person may not possess a novelty lighter in inventory for the purpose of selling ordistributing the novelty lighter within this state.
(2) (a) The state fire marshal may assess a civil penalty against a person who violatesSubsection (1) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(b) The civil penalty for a violation of Subsection (1) may not exceed:
(i) $10,000 for the importation of novelty lighters;
(ii) $1,000 if the person acts as a wholesaler of novelty lighters or distributes noveltylighters by means other than distribution directly to consumers; and
(iii) $500 if the person is:
(A) a retail seller of novelty lighters; or
(B) a person distributing novelty lighters, other than as a manufacturer, importer, orwholesaler.
(3) If a person continues to violate this section after the state fire marshal gives theperson written notice of a violation, each day that the violation continues after written notice isgiven is a separate offense subject to a civil penalty.
(4) (a) For purposes of imposing civil penalties, it is prima facie evidence that a lighter isa novelty lighter if the lighter is listed by the state fire marshal as a novelty lighter under Section53-7-503, or is of a class or type of lighter listed by the state fire marshal as a novelty lighter.
(b) Listing by the state fire marshal is not a requirement for a determination that a lighteris a novelty lighter.
(5) All money collected from civil penalties under this section shall be deposited in theFire Academy Support Account created in Section 53-7-204.2.
(6) A person may seek judicial review of a final agency action under this part as providedin Title 63G, Chapter 4, Administrative Procedures Act.

Enacted by Chapter 376, 2010 General Session