(1) Tobacco Products And Tobacco Paraphernalia: No individual, entity, organization, or business shall sell tobacco products or tobacco paraphernalia unless it has obtained a tobacco sales business license. A tobacco sales business license shall only be issued as a secondary license to a business license for one of the following:
(a) A business that is primarily engaged in the sale of food and beverage products and is located in a building which is ten thousand (10,000) square feet or larger;
(b) A business that is primarily engaged in the sale of gasoline or diesel fuel and is located in a building which is two thousand (2,000) square feet or larger;
(c) An on premises alcoholic beverage sales license;
(d) A business license for a pharmacy under Utah code and is located in a building which is ten thousand (10,000) square feet or larger; or
(e) A business license for any business that was lawfully selling tobacco products and tobacco paraphernalia under that license prior to May 3, 2012.
(2) Application For License:
(a) An application for a license shall be made in writing on the form provided by the licensing officer. The form must be completed in its entirety. The application must be accompanied by:
(i) The business license required in this chapter;
(ii) Documentation showing the square footage of the building;
(iii) Proof of the operation of a business specified in subsection (1)(a) or (1)(b) of this section, if the application is to qualify as such a business; and
(iv) If seeking to qualify under subsection (1)(e) of this section, proof of the lawful sales of tobacco products and tobacco paraphernalia prior to May 3, 2012, and the percentage of tobacco products and tobacco paraphernalia sold as compared to the total annual gross receipts for the business. (Ord. 2013-05, 2013)