A. Licensure and Compliance:
1. Tobacco Products and Tobacco Paraphernalia: No individual, entity, organization, or business shall sell tobacco products or tobacco paraphernalia unless it complies with Utah Code Annotated 59-14-101 et seq as amended and has received 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 8, 2012.
2. Application for License:
a. An application for a license shall be made in writing on the form provided by the City’s licensing officer. The form must be completed in its entirety. The application must be accompanied by:
(1) The business license required in this chapter;
(2) Documentation showing the square footage of the building;
(3) 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
(4) 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 8, 2012, and the percentage of tobacco products and tobacco paraphernalia sold as compared to the total annual gross receipts for the business.
B. Retail Tobacco Specialty Businesses Not Permitted:
1. In accordance with Utah Code Annotated 10-8-41.6 the City shall not issue Tobacco Sales Business Licenses for the operation of Retail Tobacco Specialty Businesses, except as provided in 3-2-15A(e) of this chapter.
2. The operation of a Retail Tobacco Specialty Business shall not be permitted, unless a business is seeking to qualify under 3-2-15A(e) of this chapter, or as of May 17, 2017, had been issued and had continually maintained a Retail Tobacco Specialty Business license by the City.
3. Notwithstanding other provisions in this chapter forbidding issuance by the City of additional Retail Tobacco Specialty Business Licenses-and recognizing that pursuant to City Code Subsection 3-1-9 no license issued by the City may be assigned, sold or transferred to another person-the City shall consider the issuance of a new (or “replacement”) Retail Tobacco Specialty Business License to the potential/prospective purchaser of an existing business operating under an existing Retail Tobacco Specialty Business License upon a finding by the City of the following:
a. The Existing Retail Tobacco Specialty Business Licensee is selling its business in the normal course of business and pursuant to standard business practices; and
b. The existing retail tobacco specialty business sold would remain at the then-current physical location; and
c. The potential purchaser of the existing retail tobacco specialty business has been-or will be as a condition of the sale of the business-approved by the applicable State and local bodies (which bodies have authority and jurisdiction for such approval at the time of the proposed sale).
C. Revocation of Business License for Specialty Tobacco Stores: Pursuant to and consistent with the City’s business licensing process in section 3-1-12 of this City Code entitled “DENIAL, SUSPENSION, REVOCATION OF A BUSINESS”, the City may suspend, revoke, or terminate the business license of a business which is operating as a tobacco sales business (including those businesses operating under a Retail Tobacco Specialty Business License) if:
1. The Tobacco Sales Business License is not renewed continuously without relapse or revocation;
2. The Tobacco Sales Business is closed for business or otherwise suspends the sale of tobacco products or tobacco paraphernalia for more than sixty (60) consecutive days; or
3. The Tobacco Sales Business substantially changes the business premises or its business operation without complying with and obtaining approval for/from applicable City zoning ordinances, building permit processes, conditional use permit processes (including the process for amendment of an existing conditional use permit), and business licensing processes (including the amendment of an existing business license. (Ord. 2022-64, 12-14-2022)