(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