Utah Code 26B-7-508. Permit application
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(1) A local health department shall issue a permit for a tobacco retailer if the local health department determines that the applicant:
Terms Used In Utah Code 26B-7-508
- Community location: means the same as that term is defined:(1)(a) as it relates to a municipality, in Section Utah Code 26B-7-501
- Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-7-501
- Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501
- Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Retail tobacco specialty business: means the same as that term is defined:
(20)(a) as it relates to a municipality, in Section Utah Code 26B-7-501- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Tax commission license: means a license issued by the State Tax Commission under:
(23)(a) Section 59-14-201 to sell a cigarette at retail;(23)(b) Section 59-14-301 to sell a tobacco product at retail; or(23)(c) Section 59-14-803 to sell an electronic cigarette product or a nicotine product. See Utah Code 26B-7-501- Tobacco product: means :
(24)(a) a tobacco product as defined in Section 76-10-101; or(24)(b) tobacco paraphernalia as defined in Section 76-10-101. See Utah Code 26B-7-501- Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) accurately provided all information required under Subsection (3) and, if applicable, Subsection (4); and(1)(b) meets all requirements for a permit under this part.(2) An applicant for a permit shall:(2)(a) submit an application described in Subsection (3) to the local health department with jurisdiction over the area where the tobacco retailer is located; and(2)(b) pay all applicable fees described in Section 26B-7-509.(3) The application for a permit shall include:(3)(a) the name, address, and telephone number of each proprietor;(3)(b) the name and mailing address of each proprietor authorized to receive permit-related communication and notices;(3)(c) the business name, address, and telephone number of the single, fixed location for which a permit is sought;(3)(d) evidence that the location for which a permit is sought has a valid tax commission license;(3)(e) information regarding whether, in the past 24 months, any proprietor of the tobacco retailer has been determined to have violated, or has been a proprietor at a location that has been determined to have violated:(3)(e)(i) a provision of this part;(3)(e)(ii) Section 26B-7-503;(3)(e)(v) regulations restricting the sale and distribution of cigarettes and smokeless tobacco issued by the United States Food and Drug Administration, 21 C.F.R.Part 1140 ; or(3)(e)(vi) any other provision of state law or local ordinance regarding the sale, marketing, or distribution of a tobacco product, an electronic cigarette product, or a nicotine product; and(3)(f) the dates of all violations disclosed under this Subsection (3).(4)(4)(a) In addition to the information described in Subsection (3), an applicant for a retail tobacco specialty business permit shall include evidence showing whether the business is located within:(4)(a)(i) 1,000 feet of a community location;(4)(a)(ii) 600 feet of another retail tobacco specialty business; or(4)(a)(iii) 600 feet of property used or zoned for agricultural or residential use.(4)(b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard to intervening structures or zoning districts.(5) The department or a local health department may not deny a permit to a retail tobacco specialty business under Subsection (4) if the retail tobacco specialty business meets the requirements described in Subsection 10-8-41.6(7) or 17-50-333(7).(6)(6)(a) The department shall establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a permit process for local health departments in accordance with this part.(6)(b) The permit process established by the department under Subsection (6)(a) may not require any information in an application that is not required by this section.