(1) For purposes of this section:

1. (a) "Distributor" means a person, wherever residing or located, who:

   1. (i) is licensed in this state to purchase non-taxed tobacco products; and
   2. (ii) stores, sells, or otherwise disposes of tobacco products.
2. (b) "Licensed person" is as defined in Subsection 59-14-409(1).

3. (c) "Order or purchase" includes:

   1. (i) by mail or delivery service;
   2. (ii) through the Internet or computer network;
   3. (iii) by telephone; or
   4. (iv) through some other electronic method.
4. (d) "Retailer" means any person who sells tobacco products to consumers for personal consumption.

(2) A person, distributor, manufacturer, or retailer shall not:

1. (a) cause tobacco products or cigarettes as defined in Section 59-22-202 to be ordered or purchased by anyone other than a licensed person; or
2. (b) knowingly provide substantial assistance to a person who violates this section.

(3)

1. (a) Each order or purchase of a tobacco product or cigarettes as defined in Section 59-22-202 in violation of Subsection (2) shall constitute a separate violation under this section.

2. (b) In addition to the penalties in Subsection (4), a person who violates this section is subject to:

   1. (i) a civil penalty in an amount not to exceed $5,000 for each violation of this section;
   2. (ii) an injunction to restrain a threatened or actual violation of this section; and

   3. (iii) recovery by the state for:

      1. (A) the costs of investigation;
      2. (B) the cost of expert witness fees;
      3. (C) the cost of the action; and
      4. (D) reasonable attorney's fees.