United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-8-41.6

Retail tobacco specialty businesses generally need a municipal license and must meet location and permit conditions.

Source excerpt

building codesbusiness continuitybusiness licensingbusiness operationschild careeducationelectronic cigarette product licensingelectronic cigarette product saleselectronic cigarette productselectronic cigarettesexemptionsgovernment administrationlicense suspension or revocationlicensed child-care facilitylicensinglicensing exemptionlocal land-use setback restrictionslocation restrictionsmunicipal compliancemunicipal licensingmunicipal locationnicotine product licensingnicotine product salesnicotine productspermit and license prerequisitespermit compliancepermit renewalpolice powerspublic facilitiespublic health regulationrelocationretail business classificationretail licensingretail tobaccoretail tobacco licensingretail tobacco specialty businessretail tobacco specialty business licensingschool location restrictionsschool proximity restrictionschool setbackschool setback exemptiontobaccotobacco product salestobacco productstobacco retailtobacco retail compliancetobacco retail exemptiontobacco retail licensingtobacco retail regulationtobacco/nicotine salesyouth protectionzoning

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Retail tobacco specialty businesses generally need a municipal license and must meet location and permit conditions.”

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Regulation of retail tobacco specialty business.

Retail tobacco specialty businesses generally need a municipal license and must meet location and permit conditions.

Section 10-8-41.6

Subsection 10-8-41.6(1)(g)(iii)

A threshold is set where 20% or more of total shelf space is allocated to offering, displaying, or storing tobacco, electronic cigarette, or nicotine products.

Section 10-8-41.6(1)(g)(iii)

Subsection 10-8-41.6(5)(a)

A local health department with jurisdiction issues the valid permit for the retail tobacco specialty business.

Section 10-8-41.6(5)(a)

Subsection 10-8-41.6(7)(b)(iii)

The retail tobacco specialty business must not substantially change its business premises or business operation.

Section 10-8-41.6(7)(b)(iii)

Subsection 10-8-41.6(7)(e)(ii)

continues to meet the requirements described in Subsection (7)(b) that are not directly related to the relocation described in this Subsection (7)(e).

Section 10-8-41.6(7)(e)(ii)

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Showing 88 of 88 provisions

Provision 88

§ 10-8-41.6Regulation of retail tobacco specialty business.Provision

Source excerpt

Retail tobacco specialty businesses generally need a municipal license and must meet location and permit conditions.

Regulation of retail tobacco specialty business. As used in this section: "Community location" means: a public or private kindergarten, elementary, middle, junior high, or high school; a licensed child-care facility or preschool; a trade or technical school; a church; a public library; a public playground; a public park; a youth center or other space used primarily for youth oriented activities; a public recreational facility; a public arcade; or for a new license issued on or after July 1, 2018, a homeless shelter. "Department" means the Department of Health and Human Services created in Section 26B-1-201 . "Electronic cigarette product" means the same as that term is defined in Section 76-9-1101 . "Licensee" means a person licensed under this section to conduct business as a retail tobacco specialty business. "Local health department" means the same as that term is defined in Section 26A-1-102 . "Nicotine product" means the same as that term is defined in Section 76-9-1101 . "Retail tobacco specialty business" means a commercial establishment in which: sales of tobacco products, electronic cigarette products, and nicotine products account for more than 35% of the total quarterly gross receipts for the establishment; 20% or more of the public retail floor space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products; 20% or more of the total shelf space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products; the commercial establishment: holds itself out as a retail tobacco specialty business; and causes a reasonable person to believe the commercial establishment is a retail tobacco specialty business; or the retail space features a self-service display for tobacco products, electronic cigarette products, or nicotine products. "Self-service display" means the same as that term is defined in Section 76-9-1107 . "Tobacco product" means: a tobacco product as defined in Section 76-9-1101 ; or tobacco paraphernalia as defined in Section 76-9-1101 . The regulation of a retail tobacco specialty business is an exercise of the police powers of the state by the state or by delegation of the state's police powers to other governmental entities. A person may not operate a retail tobacco specialty business in a municipality unless the person obtains a license from the municipality in which the retail tobacco specialty business is located. A municipality may only issue a retail tobacco specialty business license to a person if the person complies with the provisions of Subsections (4) and (5). Except as provided in Subsection (7), a municipality may not issue a license for a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty business is located within: 1,000 feet of a community location; 600 feet of another retail tobacco specialty business; or 600 feet from property used or zoned for: agriculture use; or residential use. For purposes of Subsection (4)(a), the proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard to intervening structures or zoning districts. A municipality may not issue or renew a license for a person to conduct business as a retail tobacco specialty business until the person provides the municipality with proof that the retail tobacco specialty business has: a valid permit for a retail tobacco specialty business issued under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located; and for a retailer that sells a tobacco product, a valid license issued by the State Tax Commission in accordance with Section 59-14-201 or 59-14-301 to sell a tobacco product; and for a retailer that sells an electronic cigarette product or a nicotine product, a valid license issued by the State Tax Commission in accordance with Section 59-14-803 to sell an electronic cigarette product or a nicotine product. Nothing in this section: requires a municipality to issue a retail tobacco specialty business license; or prohibits a municipality from adopting more restrictive requirements on a person seeking a license or renewal of a license to conduct business as a retail tobacco specialty business. A municipality may suspend or revoke a retail tobacco specialty business license issued under this section: if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 17, Part 4, Offenses Concerning a Pattern of Unlawful Activity ; if a licensee violates federal law or federal regulations restricting the sale and distribution of tobacco products or electronic cigarette products to protect children and adolescents; upon the recommendation of the department or a local health department under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products; or under any other provision of state law or local ordinance. A retail tobacco specialty business is exempt from Subsection (4) if: on or before December 31, 2018, the retail tobacco specialty business was issued a license to conduct business as a retail tobacco specialty business; the retail tobacco specialty business is operating in a municipality in accordance with all applicable laws except for the requirement in Subsection (4); and beginning July 1, 2022, the retail tobacco specialty business is not located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school. A retail tobacco specialty business may maintain an exemption under Subsection (7)(a) if: the license described in Subsection (7)(a)(i) is renewed continuously without lapse or permanent revocation; the retail tobacco specialty business does not close for business or otherwise suspend the sale of tobacco products, electronic cigarette products, or nicotine products for more than 60 consecutive days; the retail tobacco specialty business does not substantially change the business premises or business operation; and the retail tobacco specialty business maintains the right to operate under the terms of other applicable laws, including: Section 26B-7-503 ; zoning ordinances; building codes; and the requirements of the license described in Subsection (7)(a)(i). A retail tobacco specialty business that does not qualify for an exemption under Subsection (7)(a) is exempt from Subsection (4) if: on or before December 31, 2018, the retail tobacco specialty business was issued a general tobacco retailer permit or a retail tobacco specialty business permit under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located; the retail tobacco specialty business is operating in the municipality in accordance with all applicable laws except for the requirement in Subsection (4); and beginning July 1, 2022, the retail tobacco specialty business is not located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school. Except as provided in Subsection (7)(e), a retail tobacco specialty business may maintain an exemption under Subsection (7)(c) if: on or before December 31, 2020, the retail tobacco specialty business receives a retail tobacco specialty business permit from the local health department having jurisdiction over the area in which the retail tobacco specialty business is located; the permit described in Subsection (7)(d)(i) is renewed continuously without lapse or permanent revocation; the retail tobacco specialty business does not close for business or otherwise suspend the sale of tobacco products, electronic cigarette products, or nicotine products for more than 60 consecutive days; the retail tobacco specialty business does not substantially change the business premises or business operation as the business existed when the retail tobacco specialty business received a permit under Subsection (7)(d)(i); and the retail tobacco specialty business maintains the right to operate under the terms of other applicable laws, including: Section 26B-7-503 ; zoning ordinances; building codes; and the requirements of the retail tobacco permit described in Subsection (7)(d)(i). A retail tobacco specialty business described in Subsection (7)(a) or (b) that is located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school before July 1, 2022, is exempt from Subsection (4)(a)(iii)(B) if the retail tobacco specialty business: relocates, before July 1, 2022, to a property that is used or zoned for commercial use and located within a group of architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed as an operating unit; and continues to meet the requirements described in Subsection (7)(b) that are not directly related to the relocation described in this Subsection (7)(e).

Section 10-8-41.6Verify source

§ 10-8-41.6(1)Subsection 10-8-41.6(1)Provision

Source excerpt

This subsection defines terms used in the section, including community location, department, licensee, retail tobacco specialty business, self-service display, and tobacco product.

As used in this section: "Community location" means: a public or private kindergarten, elementary, middle, junior high, or high school; a licensed child-care facility or preschool; a trade or technical school; a church; a public library; a public playground; a public park; a youth center or other space used primarily for youth oriented activities; a public recreational facility; a public arcade; or for a new license issued on or after July 1, 2018, a homeless shelter. "Department" means the Department of Health and Human Services created in Section 26B-1-201 . "Electronic cigarette product" means the same as that term is defined in Section 76-9-1101 . "Licensee" means a person licensed under this section to conduct business as a retail tobacco specialty business. "Local health department" means the same as that term is defined in Section 26A-1-102 . "Nicotine product" means the same as that term is defined in Section 76-9-1101 . "Retail tobacco specialty business" means a commercial establishment in which: sales of tobacco products, electronic cigarette products, and nicotine products account for more than 35% of the total quarterly gross receipts for the establishment; 20% or more of the public retail floor space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products; 20% or more of the total shelf space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products; the commercial establishment: holds itself out as a retail tobacco specialty business; and causes a reasonable person to believe the commercial establishment is a retail tobacco specialty business; or the retail space features a self-service display for tobacco products, electronic cigarette products, or nicotine products. "Self-service display" means the same as that term is defined in Section 76-9-1107 . "Tobacco product" means: a tobacco product as defined in Section 76-9-1101 ; or tobacco paraphernalia as defined in Section 76-9-1101 .

Section 10-8-41.6(1)Verify source

§ 10-8-41.6(1)(a)Subsection 10-8-41.6(1)(a)Provision

Source excerpt

This provision defines “community location” by listing the types of places included.

"Community location" means: a public or private kindergarten, elementary, middle, junior high, or high school; a licensed child-care facility or preschool; a trade or technical school; a church; a public library; a public playground; a public park; a youth center or other space used primarily for youth oriented activities; a public recreational facility; a public arcade; or for a new license issued on or after July 1, 2018, a homeless shelter.

Section 10-8-41.6(1)(a)Verify source

§ 10-8-41.6(1)(a)(i)Subsection 10-8-41.6(1)(a)(i)Provision

Source excerpt

This text identifies a public or private kindergarten, elementary, middle, junior high, or high school.

a public or private kindergarten, elementary, middle, junior high, or high school;

Section 10-8-41.6(1)(a)(i)Verify source

§ 10-8-41.6(1)(a)(ii)Subsection 10-8-41.6(1)(a)(ii)Provision

Source excerpt

a licensed child-care facility or preschool;

Section 10-8-41.6(1)(a)(ii)Verify source

§ 10-8-41.6(1)(a)(iii)Subsection 10-8-41.6(1)(a)(iii)Provision

Source excerpt

a trade or technical school;

Section 10-8-41.6(1)(a)(iii)Verify source

§ 10-8-41.6(1)(a)(iv)Subsection 10-8-41.6(1)(a)(iv)Provision

Source excerpt

Refers to a church.

a church;

Section 10-8-41.6(1)(a)(iv)Verify source

§ 10-8-41.6(1)(a)(v)Subsection 10-8-41.6(1)(a)(v)Provision

Source excerpt

a public library;

Section 10-8-41.6(1)(a)(v)Verify source

§ 10-8-41.6(1)(a)(vi)Subsection 10-8-41.6(1)(a)(vi)Provision

Source excerpt

a public playground;

Section 10-8-41.6(1)(a)(vi)Verify source

§ 10-8-41.6(1)(a)(vii)Subsection 10-8-41.6(1)(a)(vii)Provision

Source excerpt

a public park;

Section 10-8-41.6(1)(a)(vii)Verify source

§ 10-8-41.6(1)(a)(viii)Subsection 10-8-41.6(1)(a)(viii)Provision

Source excerpt

a youth center or other space used primarily for youth oriented activities;

Section 10-8-41.6(1)(a)(viii)Verify source

§ 10-8-41.6(1)(a)(ix)Subsection 10-8-41.6(1)(a)(ix)Provision

Source excerpt

a public recreational facility;

Section 10-8-41.6(1)(a)(ix)Verify source

§ 10-8-41.6(1)(a)(x)Subsection 10-8-41.6(1)(a)(x)Provision

Source excerpt

a public arcade; or

Section 10-8-41.6(1)(a)(x)Verify source

§ 10-8-41.6(1)(a)(xi)Subsection 10-8-41.6(1)(a)(xi)Provision

Source excerpt

for a new license issued on or after July 1, 2018, a homeless shelter.

Section 10-8-41.6(1)(a)(xi)Verify source

§ 10-8-41.6(1)(b)Subsection 10-8-41.6(1)(b)Provision

Source excerpt

"Department" means the Department of Health and Human Services created in Section 26B-1-201 .

Section 10-8-41.6(1)(b)Verify source

§ 10-8-41.6(1)(c)Subsection 10-8-41.6(1)(c)Provision

Source excerpt

“Electronic cigarette product” has the same meaning as in Section 76-9-1101.

"Electronic cigarette product" means the same as that term is defined in Section 76-9-1101 .

Section 10-8-41.6(1)(c)Verify source

§ 10-8-41.6(1)(d)Subsection 10-8-41.6(1)(d)Provision

Source excerpt

“Licensee” means a person licensed under this section to conduct business as a retail tobacco specialty business.

"Licensee" means a person licensed under this section to conduct business as a retail tobacco specialty business.

Section 10-8-41.6(1)(d)Verify source

§ 10-8-41.6(1)(e)Subsection 10-8-41.6(1)(e)Provision

Source excerpt

“Local health department” is defined by reference to Section 26A-1-102.

"Local health department" means the same as that term is defined in Section 26A-1-102 .

Section 10-8-41.6(1)(e)Verify source

§ 10-8-41.6(1)(f)Subsection 10-8-41.6(1)(f)Provision

Source excerpt

"Nicotine product" has the meaning given in Section 76-9-1101.

"Nicotine product" means the same as that term is defined in Section 76-9-1101 .

Section 10-8-41.6(1)(f)Verify source

§ 10-8-41.6(1)(g)Subsection 10-8-41.6(1)(g)Provision

Source excerpt

This provision defines when a commercial establishment is a “retail tobacco specialty business.”

"Retail tobacco specialty business" means a commercial establishment in which: sales of tobacco products, electronic cigarette products, and nicotine products account for more than 35% of the total quarterly gross receipts for the establishment; 20% or more of the public retail floor space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products; 20% or more of the total shelf space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products; the commercial establishment: holds itself out as a retail tobacco specialty business; and causes a reasonable person to believe the commercial establishment is a retail tobacco specialty business; or the retail space features a self-service display for tobacco products, electronic cigarette products, or nicotine products.

Section 10-8-41.6(1)(g)Verify source

§ 10-8-41.6(1)(g)(i)Subsection 10-8-41.6(1)(g)(i)Provision

Source excerpt

sales of tobacco products, electronic cigarette products, and nicotine products account for more than 35% of the total quarterly gross receipts for the establishment;

Section 10-8-41.6(1)(g)(i)Verify source

§ 10-8-41.6(1)(g)(ii)Subsection 10-8-41.6(1)(g)(ii)Provision

Source excerpt

This provision sets a 20% floor-space threshold for retail space allocated to tobacco, electronic cigarette, or nicotine product offer, display, or storage.

20% or more of the public retail floor space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products;

Section 10-8-41.6(1)(g)(ii)Verify source

§ 10-8-41.6(1)(g)(iii)Subsection 10-8-41.6(1)(g)(iii)Provision

Source excerpt

A threshold is set where 20% or more of total shelf space is allocated to offering, displaying, or storing tobacco, electronic cigarette, or nicotine products.

20% or more of the total shelf space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products;

Section 10-8-41.6(1)(g)(iii)Verify source

§ 10-8-41.6(1)(g)(iv)Subsection 10-8-41.6(1)(g)(iv)Provision

Source excerpt

the commercial establishment: holds itself out as a retail tobacco specialty business; and causes a reasonable person to believe the commercial establishment is a retail tobacco specialty business; or

Section 10-8-41.6(1)(g)(iv)Verify source

§ 10-8-41.6(1)(g)(iv)(A)Subsection 10-8-41.6(1)(g)(iv)(A)Provision

Source excerpt

holds itself out as a retail tobacco specialty business; and

Section 10-8-41.6(1)(g)(iv)(A)Verify source

§ 10-8-41.6(1)(g)(iv)(B)Subsection 10-8-41.6(1)(g)(iv)(B)Provision

Source excerpt

causes a reasonable person to believe the commercial establishment is a retail tobacco specialty business; or

Section 10-8-41.6(1)(g)(iv)(B)Verify source

§ 10-8-41.6(1)(g)(v)Subsection 10-8-41.6(1)(g)(v)Provision

Source excerpt

the retail space features a self-service display for tobacco products, electronic cigarette products, or nicotine products.

Section 10-8-41.6(1)(g)(v)Verify source

§ 10-8-41.6(1)(h)Subsection 10-8-41.6(1)(h)Provision

Source excerpt

“Self-service display” has the meaning given in Section 76-9-1107.

"Self-service display" means the same as that term is defined in Section 76-9-1107 .

Section 10-8-41.6(1)(h)Verify source

§ 10-8-41.6(1)(i)Subsection 10-8-41.6(1)(i)Provision

Source excerpt

"Tobacco product" is defined to include a tobacco product or tobacco paraphernalia as defined in Section 76-9-1101.

"Tobacco product" means: a tobacco product as defined in Section 76-9-1101 ; or tobacco paraphernalia as defined in Section 76-9-1101 .

Section 10-8-41.6(1)(i)Verify source

§ 10-8-41.6(1)(i)(i)Subsection 10-8-41.6(1)(i)(i)Provision

Source excerpt

a tobacco product as defined in Section 76-9-1101 ; or

Section 10-8-41.6(1)(i)(i)Verify source

§ 10-8-41.6(1)(i)(ii)Subsection 10-8-41.6(1)(i)(ii)Provision

Source excerpt

This text refers to “tobacco paraphernalia” as defined in Section 76-9-1101.

tobacco paraphernalia as defined in Section 76-9-1101 .

Section 10-8-41.6(1)(i)(ii)Verify source

§ 10-8-41.6(2)Subsection 10-8-41.6(2)Provision

Source excerpt

The regulation of a retail tobacco specialty business is an exercise of the police powers of the state by the state or by delegation of the state's police powers to other governmental entities.

Section 10-8-41.6(2)Verify source

§ 10-8-41.6(3)Subsection 10-8-41.6(3)Provision

Source excerpt

A person may not operate a retail tobacco specialty business in a municipality without a municipal license.

A person may not operate a retail tobacco specialty business in a municipality unless the person obtains a license from the municipality in which the retail tobacco specialty business is located. A municipality may only issue a retail tobacco specialty business license to a person if the person complies with the provisions of Subsections (4) and (5).

Section 10-8-41.6(3)Verify source

§ 10-8-41.6(3)(a)Subsection 10-8-41.6(3)(a)Provision

Source excerpt

A person may not operate a retail tobacco specialty business in a municipality unless the person obtains a license from that municipality.

A person may not operate a retail tobacco specialty business in a municipality unless the person obtains a license from the municipality in which the retail tobacco specialty business is located.

Section 10-8-41.6(3)(a)Verify source

§ 10-8-41.6(3)(b)Subsection 10-8-41.6(3)(b)Provision

Source excerpt

A municipality may issue a retail tobacco specialty business license only if the applicant complies with Subsections (4) and (5).

A municipality may only issue a retail tobacco specialty business license to a person if the person complies with the provisions of Subsections (4) and (5).

Section 10-8-41.6(3)(b)Verify source

§ 10-8-41.6(4)Subsection 10-8-41.6(4)Provision

Source excerpt

A municipality may not issue a license for a retail tobacco specialty business if the business is too close to a community location, another retail tobacco specialty business, or certain agricultural or residential property, unless Subsection (7) applies.

Except as provided in Subsection (7), a municipality may not issue a license for a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty business is located within: 1,000 feet of a community location; 600 feet of another retail tobacco specialty business; or 600 feet from property used or zoned for: agriculture use; or residential use. For purposes of Subsection (4)(a), the proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard to intervening structures or zoning districts.

Section 10-8-41.6(4)Verify source

§ 10-8-41.6(4)(a)Subsection 10-8-41.6(4)(a)Provision

Source excerpt

A municipality may not issue a license for a retail tobacco specialty business if it is too close to a community location, another retail tobacco specialty business, or property used or zoned for agriculture or residential use, except as provided in Subsection (7).

Section 10-8-41.6(4)(a)Verify source

§ 10-8-41.6(4)(a)(i)Subsection 10-8-41.6(4)(a)(i)Provision

Source excerpt

A 1,000-foot distance from a community location is referenced.

1,000 feet of a community location;

Section 10-8-41.6(4)(a)(i)Verify source

§ 10-8-41.6(4)(a)(ii)Subsection 10-8-41.6(4)(a)(ii)Provision

Source excerpt

A 600-foot distance from another retail tobacco specialty business is referenced.

600 feet of another retail tobacco specialty business; or

Section 10-8-41.6(4)(a)(ii)Verify source

§ 10-8-41.6(4)(a)(iii)Subsection 10-8-41.6(4)(a)(iii)Provision

Source excerpt

A 600-foot distance applies from property used or zoned for agriculture or residential use.

600 feet from property used or zoned for: agriculture use; or residential use.

Section 10-8-41.6(4)(a)(iii)Verify source

§ 10-8-41.6(4)(a)(iii)(A)Subsection 10-8-41.6(4)(a)(iii)(A)Provision

Source excerpt

agriculture use; or

Section 10-8-41.6(4)(a)(iii)(A)Verify source

§ 10-8-41.6(4)(a)(iii)(B)Subsection 10-8-41.6(4)(a)(iii)(B)Provision

Source excerpt

residential use.

Section 10-8-41.6(4)(a)(iii)(B)Verify source

§ 10-8-41.6(4)(b)Subsection 10-8-41.6(4)(b)Provision

Source excerpt

For purposes of Subsection (4)(a), the proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of a location described in Subsections

Section 10-8-41.6(4)(b)Verify source

§ 10-8-41.6(5)Subsection 10-8-41.6(5)Provision

Source excerpt

A municipality may not issue or renew a license for a person to conduct business as a retail tobacco specialty business until the person provides the municipality with proof that the retail tobacco specialty business has: a valid permit for a retail tobacco specialty business issued under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located; and for a retailer that sells a tobacco product, a valid license issued by the State Tax Commission in accordance with Section 59-14-201 or 59-14-301 to sell a tobacco product; and for a retailer that sells an electronic cigarette product or a nicotine product, a valid license issued by the State Tax Commission in accordance with Section 59-14-803 to sell an electronic cigarette product or a nicotine product.

Section 10-8-41.6(5)Verify source

§ 10-8-41.6(5)(a)Subsection 10-8-41.6(5)(a)Provision

Source excerpt

A local health department with jurisdiction issues the valid permit for the retail tobacco specialty business.

a valid permit for a retail tobacco specialty business issued under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located; and

Section 10-8-41.6(5)(a)Verify source

§ 10-8-41.6(5)(b)Subsection 10-8-41.6(5)(b)Provision

Source excerpt

Retailers selling tobacco, electronic cigarette, or nicotine products must have a valid State Tax Commission license for the relevant product category.

for a retailer that sells a tobacco product, a valid license issued by the State Tax Commission in accordance with Section 59-14-201 or 59-14-301 to sell a tobacco product; and for a retailer that sells an electronic cigarette product or a nicotine product, a valid license issued by the State Tax Commission in accordance with Section 59-14-803 to sell an electronic cigarette product or a nicotine product.

Section 10-8-41.6(5)(b)Verify source

§ 10-8-41.6(5)(b)(i)Subsection 10-8-41.6(5)(b)(i)Provision

Source excerpt

A retailer that sells a tobacco product must have a valid license from the State Tax Commission.

for a retailer that sells a tobacco product, a valid license issued by the State Tax Commission in accordance with Section 59-14-201 or 59-14-301 to sell a tobacco product; and

Section 10-8-41.6(5)(b)(i)Verify source

§ 10-8-41.6(5)(b)(ii)Subsection 10-8-41.6(5)(b)(ii)Provision

Source excerpt

A retailer selling an electronic cigarette product or a nicotine product must have a valid license from the State Tax Commission under Section 59-14-803.

for a retailer that sells an electronic cigarette product or a nicotine product, a valid license issued by the State Tax Commission in accordance with Section 59-14-803 to sell an electronic cigarette product or a nicotine product.

Section 10-8-41.6(5)(b)(ii)Verify source

§ 10-8-41.6(6)Subsection 10-8-41.6(6)Provision

Source excerpt

A municipality is not required to issue a retail tobacco specialty business license, and it may adopt stricter licensing requirements. It may also suspend or revoke a license for certain unlawful activity, federal violations, or under other state or local law.

Nothing in this section: requires a municipality to issue a retail tobacco specialty business license; or prohibits a municipality from adopting more restrictive requirements on a person seeking a license or renewal of a license to conduct business as a retail tobacco specialty business. A municipality may suspend or revoke a retail tobacco specialty business license issued under this section: if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 17, Part 4, Offenses Concerning a Pattern of Unlawful Activity ; if a licensee violates federal law or federal regulations restricting the sale and distribution of tobacco products or electronic cigarette products to protect children and adolescents; upon the recommendation of the department or a local health department under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products; or under any other provision of state law or local ordinance.

Section 10-8-41.6(6)Verify source

§ 10-8-41.6(6)(a)Subsection 10-8-41.6(6)(a)Provision

Source excerpt

A municipality is not required to issue a retail tobacco specialty business license, and it may adopt stricter requirements for a person seeking a license or renewal.

Section 10-8-41.6(6)(a)Verify source

§ 10-8-41.6(6)(a)(i)Subsection 10-8-41.6(6)(a)(i)Provision

Source excerpt

A municipality must issue a retail tobacco specialty business license.

requires a municipality to issue a retail tobacco specialty business license; or

Section 10-8-41.6(6)(a)(i)Verify source

§ 10-8-41.6(6)(a)(ii)Subsection 10-8-41.6(6)(a)(ii)Provision

Source excerpt

prohibits a municipality from adopting more restrictive requirements on a person seeking a license or renewal of a license to conduct business as a retail tobacco specialty business.

Section 10-8-41.6(6)(a)(ii)Verify source

§ 10-8-41.6(6)(b)Subsection 10-8-41.6(6)(b)Provision

Source excerpt

A municipality may suspend or revoke a retail tobacco specialty business license in specified cases.

A municipality may suspend or revoke a retail tobacco specialty business license issued under this section: if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 17, Part 4, Offenses Concerning a Pattern of Unlawful Activity ; if a licensee violates federal law or federal regulations restricting the sale and distribution of tobacco products or electronic cigarette products to protect children and adolescents; upon the recommendation of the department or a local health department under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products; or under any other provision of state law or local ordinance.

Section 10-8-41.6(6)(b)Verify source

§ 10-8-41.6(6)(b)(i)Subsection 10-8-41.6(6)(b)(i)Provision

Source excerpt

if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 17, Part 4, Offenses Concerning a Pattern of Unlawful Activity ;

Section 10-8-41.6(6)(b)(i)Verify source

§ 10-8-41.6(6)(b)(ii)Subsection 10-8-41.6(6)(b)(ii)Provision

Source excerpt

if a licensee violates federal law or federal regulations restricting the sale and distribution of tobacco products or electronic cigarette products to protect children and adolescents;

Section 10-8-41.6(6)(b)(ii)Verify source

§ 10-8-41.6(6)(b)(iii)Subsection 10-8-41.6(6)(b)(iii)Provision

Source excerpt

upon the recommendation of the department or a local health department under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products; or

Section 10-8-41.6(6)(b)(iii)Verify source

§ 10-8-41.6(6)(b)(iv)Subsection 10-8-41.6(6)(b)(iv)Provision

Source excerpt

under any other provision of state law or local ordinance.

Section 10-8-41.6(6)(b)(iv)Verify source

§ 10-8-41.6(7)Subsection 10-8-41.6(7)Provision

Source excerpt

A retail tobacco specialty business can keep certain exemptions from Subsection (4) if it meets listed licensing, renewal, operation, distance, and relocation conditions.

A retail tobacco specialty business is exempt from Subsection (4) if: on or before December 31, 2018, the retail tobacco specialty business was issued a license to conduct business as a retail tobacco specialty business; the retail tobacco specialty business is operating in a municipality in accordance with all applicable laws except for the requirement in Subsection (4); and beginning July 1, 2022, the retail tobacco specialty business is not located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school. A retail tobacco specialty business may maintain an exemption under Subsection (7)(a) if: the license described in Subsection (7)(a)(i) is renewed continuously without lapse or permanent revocation; the retail tobacco specialty business does not close for business or otherwise suspend the sale of tobacco products, electronic cigarette products, or nicotine products for more than 60 consecutive days; the retail tobacco specialty business does not substantially change the business premises or business operation; and the retail tobacco specialty business maintains the right to operate under the terms of other applicable laws, including: Section 26B-7-503 ; zoning ordinances; building codes; and the requirements of the license described in Subsection (7)(a)(i). A retail tobacco specialty business that does not qualify for an exemption under Subsection (7)(a) is exempt from Subsection (4) if: on or before December 31, 2018, the retail tobacco specialty business was issued a general tobacco retailer permit or a retail tobacco specialty business permit under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located; the retail tobacco specialty business is operating in the municipality in accordance with all applicable laws except for the requirement in Subsection (4); and beginning July 1, 2022, the retail tobacco specialty business is not located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school. Except as provided in Subsection (7)(e), a retail tobacco specialty business may maintain an exemption under Subsection (7)(c) if: on or before December 31, 2020, the retail tobacco specialty business receives a retail tobacco specialty business permit from the local health department having jurisdiction over the area in which the retail tobacco specialty business is located; the permit described in Subsection (7)(d)(i) is renewed continuously without lapse or permanent revocation; the retail tobacco specialty business does not close for business or otherwise suspend the sale of tobacco products, electronic cigarette products, or nicotine products for more than 60 consecutive days; the retail tobacco specialty business does not substantially change the business premises or business operation as the business existed when the retail tobacco specialty business received a permit under Subsection (7)(d)(i); and the retail tobacco specialty business maintains the right to operate under the terms of other applicable laws, including: Section 26B-7-503 ; zoning ordinances; building codes; and the requirements of the retail tobacco permit described in Subsection (7)(d)(i). A retail tobacco specialty business described in Subsection (7)(a) or (b) that is located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school before July 1, 2022, is exempt from Subsection (4)(a)(iii)(B) if the retail tobacco specialty business: relocates, before July 1, 2022, to a property that is used or zoned for commercial use and located within a group of architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed as an operating unit; and continues to meet the requirements described in Subsection (7)(b) that are not directly related to the relocation described in this Subsection (7)(e).

Section 10-8-41.6(7)Verify source

§ 10-8-41.6(7)(a)Subsection 10-8-41.6(7)(a)Provision

Source excerpt

A retail tobacco specialty business is exempt from Subsection (4) if it had a license by December 31, 2018, operates in a municipality lawfully except for Subsection (4), and is not within 1,000 feet of certain schools starting July 1, 2022.

Section 10-8-41.6(7)(a)Verify source

§ 10-8-41.6(7)(a)(i)Subsection 10-8-41.6(7)(a)(i)Provision

Source excerpt

on or before December 31, 2018, the retail tobacco specialty business was issued a license to conduct business as a retail tobacco specialty business;

Section 10-8-41.6(7)(a)(i)Verify source

§ 10-8-41.6(7)(a)(ii)Subsection 10-8-41.6(7)(a)(ii)Provision

Source excerpt

A retail tobacco specialty business is described as operating in a municipality in compliance with applicable laws, except for the requirement in Subsection (4).

the retail tobacco specialty business is operating in a municipality in accordance with all applicable laws except for the requirement in Subsection (4); and

Section 10-8-41.6(7)(a)(ii)Verify source

§ 10-8-41.6(7)(a)(iii)Subsection 10-8-41.6(7)(a)(iii)Provision

Source excerpt

A retail tobacco specialty business may not be located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school, beginning July 1, 2022.

beginning July 1, 2022, the retail tobacco specialty business is not located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.

Section 10-8-41.6(7)(a)(iii)Verify source

§ 10-8-41.6(7)(b)Subsection 10-8-41.6(7)(b)Provision

Source excerpt

A retail tobacco specialty business may keep an exemption if it continuously renews the license, does not close or suspend specified tobacco-product sales for more than 60 consecutive days, does not substantially change its premises or operations, and continues to comply with other applicable laws and license requirements.

A retail tobacco specialty business may maintain an exemption under Subsection (7)(a) if: the license described in Subsection (7)(a)(i) is renewed continuously without lapse or permanent revocation; the retail tobacco specialty business does not close for business or otherwise suspend the sale of tobacco products, electronic cigarette products, or nicotine products for more than 60 consecutive days; the retail tobacco specialty business does not substantially change the business premises or business operation; and the retail tobacco specialty business maintains the right to operate under the terms of other applicable laws, including: Section 26B-7-503 ; zoning ordinances; building codes; and the requirements of the license described in Subsection (7)(a)(i).

Section 10-8-41.6(7)(b)Verify source

§ 10-8-41.6(7)(b)(i)Subsection 10-8-41.6(7)(b)(i)Provision

Source excerpt

the license described in Subsection (7)(a)(i) is renewed continuously without lapse or permanent revocation;

Section 10-8-41.6(7)(b)(i)Verify source

§ 10-8-41.6(7)(b)(ii)Subsection 10-8-41.6(7)(b)(ii)Provision

Source excerpt

A retail tobacco specialty business must not close or stop selling tobacco, electronic cigarette, or nicotine products for more than 60 consecutive days.

the retail tobacco specialty business does not close for business or otherwise suspend the sale of tobacco products, electronic cigarette products, or nicotine products for more than 60 consecutive days;

Section 10-8-41.6(7)(b)(ii)Verify source

§ 10-8-41.6(7)(b)(iii)Subsection 10-8-41.6(7)(b)(iii)Provision

Source excerpt

The retail tobacco specialty business must not substantially change its business premises or business operation.

the retail tobacco specialty business does not substantially change the business premises or business operation; and

Section 10-8-41.6(7)(b)(iii)Verify source

§ 10-8-41.6(7)(b)(iv)Subsection 10-8-41.6(7)(b)(iv)Provision

Source excerpt

The retail tobacco specialty business has the right to operate subject to other applicable laws and listed requirements.

the retail tobacco specialty business maintains the right to operate under the terms of other applicable laws, including: Section 26B-7-503 ; zoning ordinances; building codes; and the requirements of the license described in Subsection (7)(a)(i).

Section 10-8-41.6(7)(b)(iv)Verify source

§ 10-8-41.6(7)(b)(iv)(A)Subsection 10-8-41.6(7)(b)(iv)(A)Provision

Source excerpt

Section 26B-7-503 ;

Section 10-8-41.6(7)(b)(iv)(A)Verify source

§ 10-8-41.6(7)(b)(iv)(B)Subsection 10-8-41.6(7)(b)(iv)(B)Provision

Source excerpt

zoning ordinances;

Section 10-8-41.6(7)(b)(iv)(B)Verify source

§ 10-8-41.6(7)(b)(iv)(C)Subsection 10-8-41.6(7)(b)(iv)(C)Provision

Source excerpt

building codes; and

Section 10-8-41.6(7)(b)(iv)(C)Verify source

§ 10-8-41.6(7)(b)(iv)(D)Subsection 10-8-41.6(7)(b)(iv)(D)Provision

Source excerpt

the requirements of the license described in Subsection (7)(a)(i).

Section 10-8-41.6(7)(b)(iv)(D)Verify source

§ 10-8-41.6(7)(c)Subsection 10-8-41.6(7)(c)Provision

Source excerpt

A qualifying retail tobacco specialty business is exempt from Subsection (4) if it had the required permit by December 31, 2018, complies with applicable laws except Subsection (4), and is not within 1,000 feet of certain schools beginning July 1, 2022.

A retail tobacco specialty business that does not qualify for an exemption under Subsection (7)(a) is exempt from Subsection (4) if: on or before December 31, 2018, the retail tobacco specialty business was issued a general tobacco retailer permit or a retail tobacco specialty business permit under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located; the retail tobacco specialty business is operating in the municipality in accordance with all applicable laws except for the requirement in Subsection (4); and beginning July 1, 2022, the retail tobacco specialty business is not located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.

Section 10-8-41.6(7)(c)Verify source

§ 10-8-41.6(7)(c)(i)Subsection 10-8-41.6(7)(c)(i)Provision

Source excerpt

The retail tobacco specialty business had to have been issued the listed tobacco retailer permit or retail tobacco specialty business permit by the local health department on or before December 31, 2018.

on or before December 31, 2018, the retail tobacco specialty business was issued a general tobacco retailer permit or a retail tobacco specialty business permit under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the retail tobacco specialty business is located;

Section 10-8-41.6(7)(c)(i)Verify source

§ 10-8-41.6(7)(c)(ii)Subsection 10-8-41.6(7)(c)(ii)Provision

Source excerpt

the retail tobacco specialty business is operating in the municipality in accordance with all applicable laws except for the requirement in Subsection (4); and

Section 10-8-41.6(7)(c)(ii)Verify source

§ 10-8-41.6(7)(c)(iii)Subsection 10-8-41.6(7)(c)(iii)Provision

Source excerpt

Beginning July 1, 2022, a retail tobacco specialty business may not be located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.

beginning July 1, 2022, the retail tobacco specialty business is not located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.

Section 10-8-41.6(7)(c)(iii)Verify source

§ 10-8-41.6(7)(d)Subsection 10-8-41.6(7)(d)Provision

Source excerpt

A retail tobacco specialty business may keep an exemption under Subsection (7)(c) if it meets the listed conditions.

Except as provided in Subsection (7)(e), a retail tobacco specialty business may maintain an exemption under Subsection (7)(c) if: on or before December 31, 2020, the retail tobacco specialty business receives a retail tobacco specialty business permit from the local health department having jurisdiction over the area in which the retail tobacco specialty business is located; the permit described in Subsection (7)(d)(i) is renewed continuously without lapse or permanent revocation; the retail tobacco specialty business does not close for business or otherwise suspend the sale of tobacco products, electronic cigarette products, or nicotine products for more than 60 consecutive days; the retail tobacco specialty business does not substantially change the business premises or business operation as the business existed when the retail tobacco specialty business received a permit under Subsection (7)(d)(i); and the retail tobacco specialty business maintains the right to operate under the terms of other applicable laws, including: Section 26B-7-503 ; zoning ordinances; building codes; and the requirements of the retail tobacco permit described in Subsection (7)(d)(i).

Section 10-8-41.6(7)(d)Verify source

§ 10-8-41.6(7)(d)(i)Subsection 10-8-41.6(7)(d)(i)Provision

Source excerpt

on or before December 31, 2020, the retail tobacco specialty business receives a retail tobacco specialty business permit from the local health department having jurisdiction over the area in which the retail tobacco specialty business is

Section 10-8-41.6(7)(d)(i)Verify source

§ 10-8-41.6(7)(d)(ii)Subsection 10-8-41.6(7)(d)(ii)Provision

Source excerpt

The permit in Subsection (7)(d)(i) is renewed continuously, without lapse or permanent revocation.

the permit described in Subsection (7)(d)(i) is renewed continuously without lapse or permanent revocation;

Section 10-8-41.6(7)(d)(ii)Verify source

§ 10-8-41.6(7)(d)(iii)Subsection 10-8-41.6(7)(d)(iii)Provision

Source excerpt

A retail tobacco specialty business must not close or stop selling tobacco, electronic cigarette, or nicotine products for more than 60 consecutive days.

Section 10-8-41.6(7)(d)(iii)Verify source

§ 10-8-41.6(7)(d)(iv)Subsection 10-8-41.6(7)(d)(iv)Provision

Source excerpt

The retail tobacco specialty business must not substantially change its business premises or business operation from how it existed when it received the permit under Subsection (7)(d)(i).

the retail tobacco specialty business does not substantially change the business premises or business operation as the business existed when the retail tobacco specialty business received a permit under Subsection (7)(d)(i); and

Section 10-8-41.6(7)(d)(iv)Verify source

§ 10-8-41.6(7)(d)(v)Subsection 10-8-41.6(7)(d)(v)Provision

Source excerpt

A retail tobacco specialty business may operate, but it remains subject to other applicable laws, zoning ordinances, building codes, and the retail tobacco permit requirements.

Section 10-8-41.6(7)(d)(v)Verify source

§ 10-8-41.6(7)(d)(v)(A)Subsection 10-8-41.6(7)(d)(v)(A)Provision

Source excerpt

Section 26B-7-503 ;

Section 10-8-41.6(7)(d)(v)(A)Verify source

§ 10-8-41.6(7)(d)(v)(B)Subsection 10-8-41.6(7)(d)(v)(B)Provision

Source excerpt

zoning ordinances;

Section 10-8-41.6(7)(d)(v)(B)Verify source

§ 10-8-41.6(7)(d)(v)(C)Subsection 10-8-41.6(7)(d)(v)(C)Provision

Source excerpt

building codes; and

Section 10-8-41.6(7)(d)(v)(C)Verify source

§ 10-8-41.6(7)(d)(v)(D)Subsection 10-8-41.6(7)(d)(v)(D)Provision

Source excerpt

the requirements of the retail tobacco permit described in Subsection (7)(d)(i).

Section 10-8-41.6(7)(d)(v)(D)Verify source

§ 10-8-41.6(7)(e)Subsection 10-8-41.6(7)(e)Provision

Source excerpt

A covered retail tobacco specialty business is exempt from Subsection (4)(a)(iii)(B) if, before July 1, 2022, it relocates to a qualifying commercial property and keeps meeting the other applicable requirements.

A retail tobacco specialty business described in Subsection (7)(a) or (b) that is located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school before July 1, 2022, is exempt from Subsection (4)(a)(iii)(B) if the retail tobacco specialty business: relocates, before July 1, 2022, to a property that is used or zoned for commercial use and located within a group of architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed as an operating unit; and continues to meet the requirements described in Subsection (7)(b) that are not directly related to the relocation described in this Subsection (7)(e).

Section 10-8-41.6(7)(e)Verify source

§ 10-8-41.6(7)(e)(i)Subsection 10-8-41.6(7)(e)(i)Provision

Source excerpt

Applies to relocation before July 1, 2022, to certain commercial property in an architecturally unified commercial establishment.

relocates, before July 1, 2022, to a property that is used or zoned for commercial use and located within a group of architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed as an operating unit; and

Section 10-8-41.6(7)(e)(i)Verify source

§ 10-8-41.6(7)(e)(ii)Subsection 10-8-41.6(7)(e)(ii)Provision

Source excerpt

continues to meet the requirements described in Subsection (7)(b) that are not directly related to the relocation described in this Subsection (7)(e).

Section 10-8-41.6(7)(e)(ii)Verify source

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Unlawful Act
Sections 10-8-41.6, 10-8-41.6(6), 10-8-41.6(6)(b), 10-8-41.6(6)(b)(i)

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Utah Code § 10-8-41.6

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