Current through August 31, 2023
All businesses that sell or distribute tobacco products to the
public must obtain a permit issued annually by the Department of Health and
Welfare. (3-17-22)
01.
Where to
Obtain an Application for Permit. A hard-copy application can be
obtained, at no cost to the applicant, from the Department of Health and
Welfare, Division of Behavioral Health, PO Box 83720, Boise, Idaho 83720-0036.
A permit may also be obtained, at no cost to the applicant, via the internet at
http://www.tobaccopermits.com/Idaho.
(3-17-22)
02.
Permits.
A separate permit must be obtained for each business location. The permit is
non- transferable to another person, business, or location. The applicant must
request endorsements for each method of sale or delivery it uses. If a place of
business sells or distributes tobacco by more than one (1) method, it must have
an endorsement for each type. (3-17-22)
a.
Issuance of a Permit. A permit may be issued when a new tobacco retail outlet
has been established, when a currently permitted business is sold to new
owners, or when a currently permitted business is moved to a different physical
location. Permits may be issued to tobacco retailers established in a permanent
location. Permits may not be issued for a retailer doing business in a
temporary location. (3-17-22)
b.
Closure of a Permit. A permit may be closed when the permittee closes the
business, no longer sells tobacco products, moves to a different physical
location, or sells the business to a new owner. (3-17-22)
c. Revocation of a Permit. A permit may be
revoked by the Department of Health and Welfare when: (3-17-22)
i. It is determined a new permit was
fraudulently obtained to avoid penalties accrued on an existing permit; or
(3-17-22)
ii. The holder of a
permit, suspended as established in Section
39-5708(5), has
failed to provide an effective training plan to the Department.
(3-17-22)
d. Temporary
Permit. Temporary permits are not allowed under 39-5704, Idaho Code.
(3-17-22)
e. Expiration of a
Permit. All permits expire annually at midnight on December 31 of each calendar
year. (3-17-22)
03.
Renewal of Permit. All permits must be renewed annually and are
valid for twelve (12) calendar months. (3-17-22)
a. The Department will mail notices of
renewal for permits no later than ninety (90) days prior to the expiration date
on the permit. (3-17-22)
b. An
application for renewal must be submitted annually for each business location
through written application or online services, where available.
(3-17-22)
c. A business with
multiple locations may submit a single written application to renew the permit
at each site, so long as the application is accompanied by a list of business
permit numbers, locations, and addresses. (3-17-22)
d. A permit will not be renewed for any
location until any past due fines for violations are paid in full. Fines are
considered past due when not paid within ten (10) days of the citation date, or
within ten (10) days after notification that the fine is upheld upon appeal,
whichever is later. Violation fines under appeal are not considered past due.
(3-17-22)
04.
Application for Exemption. Businesses seeking exemption from
vendor assisted sales must submit information to the Department to establish
compliance with the following criteria: (3-17-22)
a. Tobacco products comprise at least
seventy-five percent (75%) of total merchandise as determined by sales reported
to the Idaho State Tax Commission; (3-17-22)
b. Minors are not allowed in exempt
businesses and there is a sign on all entrances prohibiting minors; and
(3-17-22)
c. There must be a
separate entrance to the outside air or to a common area not under shared
ownership by the exempt business. (3-17-22)
