Current through Bulletin 2024-06, March 15, 2024
(1) A tobacco
retailer shall hold a valid tobacco retail permit issued by the local health
department with jurisdiction over the physical location where the tobacco
retailer operates.
(2) To receive a
tobacco retail permit, an applicant shall:
(a) submit an application provided by the
local health department with jurisdiction over the physical location where the
tobacco retailer operates or will operate; and
(b) pay any applicable fees.
(3) To submit an application for a
tobacco retail permit, an applicant shall complete each required sections of
the application and submit the application either online or by a hard copy to
the local health department. The applicant shall provide the following:
(a) information for each individual listed as
a proprietor and owner, including percentage of ownership, or if the proprietor
is a corporation, corporate ownership information;
(b) a local individual to contact concerning
the application and business must be included under business information on the
application;
(c) information
concerning the business, including business name, street address, mailing
address, and telephone number;
(d)
a copy of a valid Utah State Tax Commission license; and
(e) certification that the proposed retail
tobacco location meets the requirements as defined in the application for a:
(i) general tobacco retailer; or
(ii) retail tobacco specialty
business.
(4)
Applications for a retail tobacco specialty business shall:
(a) include a $250.00 plan review fee;
and
(b) include a map that
demonstrates the business location meets the proximity requirements for a
retail tobacco specialty business, by measuring in a straight line from the
nearest entrance of the retail tobacco specialty business to the nearest
property boundary of the location identified as the business address, without
regard for intervening structures or zoning districts, to prove that the
business is not located within:
(i) 1,000
feet of a community location;
(ii)
600 feet of another retail tobacco specialty business; and,
(iii) 600 feet of property used or zoned for
agricultural or residential use.
(5)
(a)
Notwithstanding Subsection (4)(b), a retail tobacco specialty business that
meets the requirements described in Subsection
10-8-41.6(7)
or
17-50-333(7)
is exempt from the proximity requirements.
(b) A retail tobacco specialty business that
does not meets the requirements described in Subsection
10-8-41.6(7)
or
17-50-333(7)
that desires to sell tobacco products, electronic cigarette products, and
nicotine products must complete the application described in this section and
demonstrate that the location:
(i) meets the
proximity requirements for a retail tobacco specialty business in Subsection
(4)(b); or
(ii) has a business
model and business layout that meets the requirements for a general tobacco
retailer.
(6)
The local health department will have 30 days to issue the permit beginning on
the date the local health department receives the application and payment.
(a) The local health department will provide
online or hard copy receipt of payment and application submission to the
proprietor at the time the local health department receives the application and
payment.
(b) The receipt provided
by the local health department to the proprietor will serve as a temporary
operating permit, which will be valid for 30 days.
(7) The permits are
non-transferrable.
(8) Permit
length:
(a) A general tobacco retailer permit
is valid for two years.
(b) A
retail tobacco specialty business permit is valid for one year.
(9) The proprietor of a tobacco
retailer is responsible to notify the local health department if there is a
change in their business operation requiring a change in their business license
between tobacco retail specialty business and general tobacco retailer. If the
information described in Subsection
26-62-202(3)
changes, a tobacco retailer:
(a) may not
renew the permit; and
(b) shall
apply for a new permit no later than 15 days after the information in
Subsection
26-62-202(3)
changes.
(10) A tobacco
retailer may apply for a renewal of a permit no earlier than 30 days before the
day on which the permit expires.
(a) A tobacco
retailer that fails to renew a permit before the permit expires may apply to
reinstate the permit by submitting to the local health department:
(i) an application, as outlined in Subsection
R384-324-3(3), for either a general tobacco retailer or a retail tobacco
specialty business and the additional requirements outlined in Subsection
R384-324-3(4) for retail tobacco specialty businesses;
(ii) the fee for the reinstatement of a
permit; and
(iii) a signed
affidavit affirming that the tobacco retailer has not violated the prohibitions
in Subsection
26-62-201(1)(b).
(b) Until an expired permit is
reinstated, a tobacco retailer with an expired permit may not:
(i) place a tobacco product, electronic
cigarette product, or a nicotine product in public view;
(ii) display any advertisement related to
tobacco products, electronic cigarette products, or nicotine products that
promotes the sale, distribution, or use of those products; or
(iii) sell, offer for sale, or offer to
exchange for any form of consideration, tobacco, tobacco products, electronic
cigarette products, or nicotine products.
