26B-7-509.  Permit term and fees.

(1) 

Terms Used In Utah Code 26B-7-509

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • General tobacco retailer: means a tobacco retailer that is not a retail tobacco specialty business. See Utah Code 26B-7-501
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-7-501
  • Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501
  • Retail tobacco specialty business: means the same as that term is defined:
(a) as it relates to a municipality, in Section 10-8-41. See Utah Code 26B-7-501
  • Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501
  • (a)  The term of a permit issued to a retail tobacco specialty business is one year.

    (b)  The term of a permit issued to a general tobacco retailer is two years.

    (2) 

    (a)  A local health department may not issue a permit until the applicant has paid a permit fee to the local health department of:

    (i)  $30 for a new permit;

    (ii)  $20 for a permit renewal; or

    (iii)  $30 for reinstatement of a permit that has been revoked, suspended, or allowed to expire.

    (b)  A local health department that collects fees under Subsection (2)(a) shall use the fees to administer the permit requirements described in Sections 26B-7-506 through 26B-7-521.

    (c)  In addition to the fee described in Subsection (2)(a), a local health department may establish and collect a fee to perform a plan review for a retail tobacco specialty business permit.

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

    (4)  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:

    (a)  the information required in Subsection 26B-7-508(3) and, if applicable, Subsection 26B-7-508(4);

    (b)  the fee for the reinstatement of a permit; and

    (c)  a signed affidavit affirming that the tobacco retailer has not violated the prohibitions in Subsection 26B-7-507(1)(b) after the permit expired.

    Renumbered and Amended by Chapter 308, 2023 General Session