General Tobacco Retailer Permit and Tobacco Specialty Store Permit

In 2018 Utah passed House Bill 324 Tobacco Regulations Amendments. H.B. 324 which took effect on July 1, 2018 and will require all retailers that want to sell tobacco products, including electronic nicotine delivery systems, to have a permit from their local health department; in addition to a tobacco license from the Utah Tax Commission, and a business license from the city or county.

Note: retailers that sell tobacco will need a permit from the local health department before January 1, 2019.

What type of permit do I need? 

There are two types of Tobacco Retailer permits. Please read the following descriptions and choose the type of permit you need for your tobacco retail location.

General Tobacco Retailer – This type of retail location typically sells a wide variety of products so that the sale of tobacco products* accounts for less than 35% of the total quarterly gross receipts. In addition, less than 20% of the retail floor space and less than 20% of the total shelf space is allocated to the offer, display or storage of tobacco products. There is no self-service display for tobacco products.

In order to be permitted as a General Tobacco Retailer, the business identified in this application may not at any time: 1) Have any self-service display of tobacco products; or 2) Have 20% or more of the total retail floor space allocated to the offer, display, or storage of tobacco products; or 3) Have 20% or more of the total shelf space allocated to the offer, display, or storage of tobacco products; or 4) Have 35% or more of total quarterly gross receipts from the sale of tobacco products.

If General Tobacco Retailer is not in compliance with this permit it may be revoked by the issuing health department. If any of these requirements for a Retail Tobacco Specialty Business is violated, this permit may be revoked by the issuing health department.

Note: *Tobacco products include any cigar, cigarette, electronic cigarette, chewing tobacco, or any substitute for a tobacco product, including flavoring or additives to tobacco, and tobacco paraphernalia. Please refer to UCA 59-14-102; UCA 76-10-101; and UCA 76-10-104.1 for specific definitions of tobacco products.

What do I need to get a permit?

General Tobacco Retailer (permit is valid for two years):

Tobacco Retailer Permit Application 6.19.18 (002)

 Attach a copy of current tax commission tobacco license. The application cannot be processed without a current license.

 Permit Fee

Permit Fees:

  • New permit: $30.00
  • Permit renewal: $20.00 (not an option until after June 30, 2019)
  • Permit reinstatement: $30.00
  • Retail Tobacco Specialty Business Plan Review (required for all new retail tobacco specialty business permit applications): $250.00

Payment must be submitted with the application. No permit will be issued without the payment of the permit fee. A plan review will not be conducted until payment of the plan review fee. It is the responsibility of the applicant to verify zoning and proximity restrictions. Fees cannot be refunded if it is later determined that the identified location does not meet zoning requirements.

Retail Tobacco Specialty Business – This type of retail location typically specializes in the sale of tobacco products*. 35% or more of the total quarterly gross receipts are from the sale of tobacco products, or; 20% or more of the retail floor space is allocated to the offer, display, or storage of tobacco products, or; 20% or more of the total shelf space is allocated to the offer, display, or storage of tobacco products, or; the retail space features a self-service display for tobacco products.

In order to be permitted as a Retail Tobacco Specialty Business, the business identified in this application may not at any time, be within: 1) 1,000 feet of a community location**; or 2) 600 feet of another retail tobacco specialty business; or, 3) 600 feet of property used or zoned for agricultural or residential use.

If any of these requirements for a Retail Tobacco Specialty Business is violated, this permit may be revoked by the issuing health department.

Note: *Tobacco products include any cigar, cigarette, electronic cigarette, chewing tobacco, or any substitute for a tobacco product, including flavoring or additives to tobacco, and tobacco paraphernalia. Please refer to UCA 59-14-102; UCA 76-10-101; and UCA 76-10-104.1 for specific definitions of tobacco products.

**Community location public or private K-12 school; licensed child-care or preschool; trade or technical school; church; public library; public playground; public park; youth center or other place used primarily for youth oriented activities; public recreational facility; public arcade; homeless shelter. If your business is located in Tooele City, they have a stricter distance requirement than the state law for Tobacco Specialty Stores.

When permitting your store, the Tooele County Health Department will be following the local ordinance.

Here is where you can find these ordinances: http://tooelecity.org/wp-content/uploads/2015/12/2013-17-Definitions-tobacco-specialty-store-tobacco-product-2.pdf

http://tooelecity.org/wp-content/uploads/2015/12/2011-19-Tobacco-Specialty-Stores.pdf

What do I need to get a permit?

Retail Tobacco Specialty Business (permit is valid for one year):

Tobacco Retailer Permit Application 6.19.18 (002)

 Attach a copy of current tax commission tobacco license. The application cannot be processed without a current license.

TCHD Retail Tobacco Specialty Business Plan Review

 Permit Fee

 Plan Review Fee

Permit fees:

  • New permit: $30.00
  • Permit renewal: $20.00 (not an option until after June 30, 2019)
  • Permit reinstatement: $30.00
  • Retail Tobacco Specialty Business Plan Review (required for all new retail tobacco specialty business permit applications): $250.00

Payment must be submitted with the application. No permit will be issued without the payment of the permit fee. A plan review will not be conducted until payment of the plan review fee. It is the responsibility of the applicant to verify zoning and proximity restrictions. Fees cannot be refunded if it is later determined that the identified location does not meet zoning requirements.

Here is where you can find these ordinances: http://tooelecity.org/wp-content/uploads/2015/12/2013-17-Definitions-tobacco-specialty-store-tobacco-product-2.pdf

http://tooelecity.org/wp-content/uploads/2015/12/2011-19-Tobacco-Specialty-Stores.pdf[/tab] [/tabcontent] [/tabs]

Contact Hilary at 435-277-2364 or by email  hmakris@tooelehealth.org

Tobacco Retailer Permit Application 6.19.18 (002)

LHD Retail Frequently Asked Questions  Tooele Final