Utah Code 26B-7-507. Permitting requirement

26B-7-507. Permitting requirement.

(1)

Terms Used In Utah Code 26B-7-507

Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
General tobacco retailer: means a tobacco retailer that is not a retail tobacco specialty business. See Utah Code 26B-7-501
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.
Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-7-501
Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
Nicotine product: means the same as that term is defined in Section 76-10-101. 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 product: means :

(a)	a tobacco product as defined in Section 76-10-101; or

(b)	tobacco paraphernalia as defined in Section 76-10-101. 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)	A tobacco retailer shall hold a valid tobacco retail permit issued in accordance with this part by the local health department with jurisdiction over the physical location where the tobacco retailer operates.

(b)

A tobacco retailer without a valid permit may not:

(i)	place a tobacco product, an electronic cigarette product, or a nicotine product in public view;

(ii)	display any advertisement related to a tobacco product, an electronic cigarette product, or a nicotine product 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, a tobacco product, an electronic cigarette product, or a nicotine product.

(2)

A local health department may issue a permit under this part for a tobacco retailer in the classification of:

(a)	a general tobacco retailer; or

(b)	a retail tobacco specialty business.

(3)

A permit under this part is:

(a)	valid only for one physical location, including a vending machine;

(b)	valid only at one fixed business address; and

(c)	if multiple tobacco retailers are at the same address, separately required for each tobacco retailer.

Renumbered and Amended by Chapter 308, 2023 General Session

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