(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
RETAIL TOBACCO SPECIALTY BUSINESS. Has the same meaning as defined in UCA § 17-50-333(l)(b), as amended; a commercial establishment in which:
(a) The sale of tobacco products amounts for more than 35% of the total annual gross receipts for the establishment;
(b) Food and beverage products, excluding gasoline sales, is less than 45% of the total annual gross receipts for the establishment; and
(c) The establishment is not a licensed pharmacy under state code.
TOBACCO PARAPHERNALIA. As defined in UCA § 76-10-104.1, as amended, means any equipment, product, or material of any kind which is used, intended for use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a cigar, cigarette, or tobacco in any form into the human body, excluding matches or lighters, but including:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screen, hashish heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips, meaning objects used to hold burning material, such as a cigarette that has become too small or too short to be held in the hand;
(f) Chamber pipes;
(g) Carburetor pipes;
(h) Electric pipes;
(i) Air-driven pipes;
(j) Chillums;
(k) Bongs; and
(l) Ice pipes or chillers.
TOBACCO PRODUCT. As defined in UCA § 17-50-333c, as amended, to mean any cigar, cigarette, or electronic cigarette, as well as any product made of or containing tobacco, including chewing tobacco or any substitute for a tobacco product, including flavor or additives to tobacco. TOBACCO PRODUCT also includes TOBACCO PARAPHERNALIA.
(B) Prohibition.
(1) The establishment and/or operation of a retail tobacco specialty business is prohibited in all of Panguitch City.
(2) Panguitch City shall not issue a business license to any retail specialty business for use in any zone.
(3) The use of a properly obtained business license for the operation of a retail tobacco specialty business in any zone in Panguitch City is prohibited.
(Ord. 2017-1, passed 6-26-2017) Penalty, see § 150.99