Permit application.

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  • (1) A local health department shall issue a permit under this chapter for a tobacco retailer if the local health department determines that the applicant:
    • (a) accurately provided all information required under Subsection (3) and, if applicable, Subsection (4); and
    • (b) meets all requirements for a permit under this chapter.
  • (2) An applicant for a permit shall:
    • (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
    • (b) pay all applicable fees described in Section 26-62-203.
  • (3) The application for a permit shall include:
    • (a) the name, address, and telephone number of each proprietor;
    • (b) the name and mailing address of each proprietor authorized to receive permit-related communication and notices;
    • (c) the business name, address, and telephone number of the single, fixed location for which a permit is sought;
    • (d) evidence that the location for which a permit is sought has a valid tax commission license;
    • (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:
      • (i) a provision of this chapter;
      • (ii)Chapter 38, Utah Indoor Clean Air Act;
      • (iii)Title 76, Chapter 10, Part 1, Cigarettes and Tobacco and Psychotoxic Chemical Solvents;
      • (iv)Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
      • (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
      • (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
    • (f) the dates of all violations disclosed under this Subsection (3).
  • (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:
      • (i) 1,000 feet of a community location;
      • (ii) 600 feet of another retail tobacco specialty business; or
      • (iii) 600 feet of property used or zoned for agricultural or residential use.
    • (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)
    • (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 chapter.
    • (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.




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