A. 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:
1. 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;
2. 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;
3. An on-premises alcoholic beverage sales license;
4. 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
5. A business license for any business that was lawfully selling tobacco products and tobacco paraphernalia under that license prior to August 1, 2017.
B. Application For License: 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:
1. The primary business license required in this chapter (or a completed application for such primary business license, if being sought in conjunction with the tobacco sales business license);
2. The required licensing fee as may be determined by the City Council from time to time;
3. Proof of Utah State Tax Commission license and State bond (if required by Utah Code);
4. Documentation showing the square footage of the building;
5. Proof of the operation of a business specified in subsection A1 or A2 of this section, if the application is to qualify as such a business; and
6. If seeking to qualify under subsection A5 of this section, proof of:
a. The lawful sales of tobacco products and tobacco paraphernalia prior to August 1, 2017; and
b. The percentage of tobacco products and tobacco paraphernalia sold as compared to the total annual gross receipts for the business.
C. Issuance And Renewal Of License:
1. Upon receipt of a completed application as set forth in subsection B of this section, and qualification for issuance of the appropriate primary business license described in subsection A of this section, the licensing officer shall issue the tobacco sales business license to the applicant.
2. The tobacco sales business license may be issued as a separate certificate, or may be indicated by an appropriate notation on the primary business license certificate, in the discretion of the licensing officer.
3. The tobacco sales business license shall be renewed annually in conjunction with the applicant's primary business license, provided the business license or tobacco sales business license is not otherwise suspended, revoked, or terminated. (Ord. 2017-17)