Tobacco Retailer Permit Applications

Why is the health department permitting tobacco retailers?
During the 2018 Legislative Session, HB324 Tobacco Regulations Amendments passed doing the following:

  • amended municipal and county business license practices for a retail tobacco specialty business;
  • amended the definition of smoking in the Utah Indoor Clean Air Act;
  • requires a tobacco retailer to obtain a permit from the local health department;
  • established requirements for a tobacco retail permit application;
  • established the standards that a local health department shall apply when determining whether to issue a permit to a tobacco retailer;
  • incorporated civil penalties for tobacco sales to underage persons into the provisions relating to a tobacco retail permit;
  • provided penalties for violations of tobacco permitting requirements;
  • and changed the fee provisions for certain tax commission licenses for cigarettes, tobacco products, and electronic cigarette products.

When can my new business get a permit from the health department?
Beginning July 1, 2018, the Utah County Health Department will permit all new tobacco retailers.

When can my existing business get a permit from the health department? 
For existing tobacco retailers, the Utah County Health Department will permit retailers beginning November 1, 2018 in preparation for the new year. All tobacco retailers will need to obtain a permit from the health department prior to January 1, 2019.

What do I need to do to obtain a permit?
General Tobacco Retailers and Retail Tobacco Specialty Businesses will need to do the following in order to receive approval for a permit from the Utah County Health Department:

General Tobacco Retailers

Retail Tobacco Specialty Business

  • Submit a completed Tobacco Retailer Permit Application
  • Provide a copy of current Tax Commission License
  • Pay permit and plan review fee
  • Provide a map of proposed retail tobacco specialty business location

How do I know if my business is a General Tobacco Retailer or a Retail Tobacco Specialty Business?

General Tobacco Retailer – This type of retail location typically sells a wide variety of products so that the sale of tobacco products* accounts for less than 35% of the total quarterly gross receipts. In addition, less than 20% of the retail floor space and less than 20% of the total shelf space is allocated to the offer, display or storage of tobacco products. There is no self-service display for tobacco products.

Retail Tobacco Specialty Business – This type of retail location typically specializes in the sale of tobacco products*. 35% or more of the total quarterly gross receipts are from the sale of tobacco products, or; 20% or more of the retail floor space is allocated to the offer, display, or storage of tobacco products, or; 20% or more of the total shelf space is allocated to the offer, display, or storage of tobacco products, or; the retail space features a self-service display for tobacco products.

When will I know if my permit has been approved?
The health department will notify businesses of permit approval within 30 days and will provide a copy of the Tobacco Retail Permit.

Language for the bill and rule can be found at:
https://le.utah.gov/~2018/bills/static/HB0324.html   https://rules.utah.gov/publicat/bulletin/2018/20180515/42870.htm


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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