R384-324-3. Permit Process

  This permitting process is separate from and in addition to the requirement to have and maintain a valid tobacco license with the Utah State Tax Commission.

  (1) Beginning July 1, 2018, 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.

  (a) A tobacco retailer that holds a tax commission license that was valid on July 1, 2018:

  (i) May operate without a permit under this chapter until December 31, 2018; and

  (ii) Shall obtain a permit from a local health department under this chapter before January 1, 2019.

  (iii) Shall maintain a valid tax commission license.

  (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;

  (b) Pay all applicable fees.

  (3) To submit an application for a tobacco retail permit, an applicant shall:

  (a) Complete all required sections of the application and submit either online or a hard copy to the local health department.

  (i) Provide information for each individual listed as a proprietor.

  (1) If the proprietor is a corporation, corporate information suffices.

  (a) A local individual to contact concerning the application and business must be included under business information on the application.

  (ii) Provide information concerning the business, including business name, street address, mailing address, and telephone number.

  (iii) Provide a copy of a valid tax commission license.

  (iv) The individual completing the application must certify that the proposed retail tobacco location meets the requirements as defined in the application for a:

  (1) General tobacco retailer; or

  (2) Retail tobacco specialty business.

  (v) Applications for a retail tobacco specialty business must include a map that demonstrates that the business is not located within:

  (1) 1,000 feet of a community location; and,

  (2) 600 feet of another retail tobacco specialty business; and,

  (3) 600 feet of property used or zoned for agricultural or residential use.

  (a) For purposes of subsection a.v., 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 the location identified as the business address, without regard for intervening structures or zoning districts.

  (vi) Application for a retail tobacco specialty business must include a $250.00 plan review fee.

  (1) Proprietor 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.

  (2) 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.

  (vii) Notwithstanding subsection a.v., a tobacco specialty business that received a business license from a municipality under Section 10-8-41.6, or from a county under Section 17-50-333, before December 31, 2015, is exempt from the proximity requirements.

  (viii) A tobacco specialty business that received a business license from a municipality under Section 10-8-41.6, or from a county under Section 17-50-333, on or after December 31, 2015, may continue to operate until December 31, 2018 so long as the business maintains a current and valid business license and tobacco tax license.

  (ix) A tobacco specialty business that received a business license from a municipality under Section 10-8-41.6, or from a county under Section 17-50-333, on or after December 31, 2015, that desires to continue to sell tobacco products on December 31, 2018, and beyond;

  (1) Must complete the application described in this section and demonstrate that the location:

  (a) Meets the proximity requirements for a tobacco specialty business in subsection a.v; or,

  (b) Has a business model and business layout that meets the requirements for a general tobacco retailer.

  (4) Local health departments will have 30 days to issue the permit beginning on the date the local health department receives the application and payment.

  (a) 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.

  (i) 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.

  (5) General tobacco retailers and retailer tobacco specialty businesses that hold a valid tax commission license may begin applying for a local health department tobacco permit on November 1, 2018.

  (a) Permit length and terms

  (i) A general tobacco retailer permit is valid for two years.

  (ii) A retail tobacco specialty business permit is valid for one year.

  (iii) A tobacco retailer may apply for a renewal of a permit no earlier than 30 days before the day on which the permit expires.

  (iv) 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:

  (1) An application for either a general tobacco retailer or a retail tobacco specialty business as outlined above;

  (2) The fee for the reinstatement of a permit; and

  (3) A signed affidavit affirming that the tobacco retailer has not violated the prohibitions in Subsection 26-62-201(1)(b).

  (a) Until an expired permit is reinstated, a tobacco retailer with an expired permit may not:

  (i) Place tobacco in public view;

  (ii) Display any advertisement related to tobacco 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 or tobacco products.

  (iv) The permit is non-transferrable.