Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Tax commission license: means a license issued by the State Tax Commission under:
Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
accurately provided all information required under Subsection (3) and, if applicable, Subsection (4); and
(b)
meets all requirements for a permit under this part.
(2)
An applicant for a permit shall:
(a)
submit an application described in Subsection (3) to the local health department with jurisdiction over the area where the tobacco retailer is located; and
(b)
pay all applicable fees described in Section 26B-7-509.
(3)
The application for a permit shall include:
(a)
the name, address, and telephone number of each proprietor;
(b)
the name and mailing address of each proprietor authorized to receive permit-related communication and notices;
(c)
the business name, address, and telephone number of the single, fixed location for which a permit is sought;
(d)
evidence that the location for which a permit is sought has a valid tax commission license;
(e)
information regarding whether, in the past 24 months, any proprietor of the tobacco retailer has been determined to have violated, or has been a proprietor at a location that has been determined to have violated:
regulations restricting the sale and distribution of cigarettes and smokeless tobacco issued by the United States Food and Drug Administration, 21 C.F.R. part 1140; or
(vi)
any other provision of state law or local ordinance regarding the sale, marketing, or distribution of a tobacco product, an electronic cigarette product, or a nicotine product; and
(f)
the dates of all violations disclosed under this Subsection (3).
(4)
(a)
In addition to the information described in Subsection (3), an applicant for a retail tobacco specialty business permit shall include evidence showing whether the business is located within:
(i)
1,000 feet of a community location;
(ii)
600 feet of another retail tobacco specialty business; or
(iii)
600 feet of property used or zoned for agricultural or residential use.
(b)
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.
(5)
The department or a local health department may not deny a permit to a retail tobacco specialty business under Subsection (4) if the retail tobacco specialty business meets the requirements described in Subsection 10-8-41.6(7) or 17-50-333(7).
The permit process established by the department under Subsection (6)(a) may not require any information in an application that is not required by this section.
Renumbered and Amended by Chapter 308, 2023 General Session
