Utah Administrative Code
Topic - Health
Title R384 - Disease Control and Prevention, Health Promotion
Rule R384-324 - Tobacco Product, Electronic Cigarette Product, and Nicotine Product Retailer Permit Process
Section R384-324-2 - Definitions
Current through Bulletin 2023-24, December 15, 2023
As used in this rule:
(1) "Community location" means the same as the term is defined in Section 17-50-333 and in Section 10-8-41.6.
(2) "Department" means the Utah Department of Health, created in Section 26-1-4.
(3) "Electronic cigarette product" means the same as that term is defined in Section 76-10-101.
(4) "General tobacco retailer" means a tobacco retailer that is not a retail tobacco specialty business.
(5) "Local health department" means the same as the term is defined in Section 26A-1-102.
(6) "Nicotine product" means the same as that term is defined in Section 76-10-101.
(7) "Owner" means a person holding a 20% ownership interest in the business that is required to obtain a permit under Title 26, Chapter 62.
(8) "Plan review" means the process by which the local health department will verify the accuracy of the information provided by retail tobacco specialty businesses through the permit application process.
(9) "Proprietor" means the owner of a retail establishment, or any other place of business that sells, markets, or distributes tobacco products, electronic cigarette products, or nicotine products.
(10) "Public retail floor space" means the total floor square feet of the business where a customer can see, retrieve, or purchase any item that is offered for sale by the general tobacco retailer, including the areas behind the purchase counter, and including appurtenant areas used for storage.
(11) "Retail tobacco specialty business" means a commercial establishment in which:
(12) "Self-service display" means the same as that term defined in Section 76-10-105.1.
(13) "Shelf space" means the total cubic feet (length x depth x height) of shelf space contained within the retail space that is used for the offer, display, or storage of items that are offered for sale by the tobacco retailer. The shelf height is measured from the top of the tallest item on the top of the shelf. The shelf length is measured from the end of the longest item at the end of the shelf. Empty shelf space is not included in the total shelf space calculation.
(14) "Tax commission license" means a license issued by the State Tax Commission under:
(15) "Tobacco product" means;
(16) "Tobacco retailer" means a proprietor that is required to obtain a tax commission license and a local health department permit for the sale of tobacco.
(17) "Tobacco retail permit" means the permit issued by the local health department to general tobacco retailers and retail tobacco specialty businesses for the sale, marketing or distribution of tobacco products, electronic cigarette products, or nicotine products.
Adopted by Utah State Bulletin Number 2018-15, effective 7/9/2018
Amended by Utah State Bulletin Number 2020-23, effective 11/10/2020