1. (1) "Community location" means the same as defined in Sections 10-8-41.6 and 17-50-333.
2. (2) "Department" means the Department of Health and Human Services.
3. (3) "Electronic cigarette product" means the same as defined in Section 76-9-1101.
4. (4) "General tobacco retailer" means a tobacco retailer that is not a retail tobacco specialty business.
5. (5) "Local health department" means the same as defined in Section 26A-1-102.
6. (6) "Nicotine product" means the same as defined in Section 76-9-1101.
7. (7) "Owner" means a person holding at least a 20% ownership interest in the business that is required to obtain a permit under Title 26B, Chapter 7, Public Health and Prevention.
8. (8) "Plan review" means the process by which a local health department verifies the accuracy of information provided by a retail tobacco specialty business through the permit application process.
9. (9) "Proprietor" means the owner of a retail establishment or any other place of business that sells, markets, or distributes any tobacco product, electronic cigarette product, or nicotine product.
10. (10) "Public retail floor space" means the total square footage of a business's floor where a customer can see, retrieve, or purchase any item that is offered for sale by the general tobacco retailer, including any area behind the purchase counter and appurtenant area used for storage.
11. (11) "Retail tobacco specialty business" means the same as defined in Sections 10-8-41.6 and 17-50-33.
12. (12) "Self-service display" means the same as defined in Section 76-9-1107.

13. (13) "Shelf space" means the total cubic feet of shelf space contained within the retail space that is used for the offer, display, or storage of items that are offered for sale by the tobacco retailer.

    1. (a) The shelf height is measured from the top of the tallest item on the top of the shelf.
    2. (b) The shelf length is measured from the end of the longest item at the end of the shelf.
    3. (c) Empty shelf space is not included in the total shelf space calculation.

14. (14) "Tax commission license" means a license issued by the Utah State Tax Commission under:

    1. (a) Section 59-14-201 to sell a cigarette at retail;
    2. (b) Section 59-14-301 to sell a tobacco product at retail; or
    3. (c) Section 59-14-803 to sell an electronic cigarette product or a nicotine product at retail.

15. (15) "Tobacco product" means:

    1. (a) a tobacco product as defined in Section 76-9-1101; or
    2. (b) tobacco paraphernalia as defined in Section 76-9-1101.
16. (16) "Tobacco retailer" means a proprietor that is required to obtain a tax commission license and a local health department permit for the sale of tobacco.
17. (17) "Tobacco retail permit" means the permit issued by the local health department to general tobacco retailers and retail tobacco specialty businesses for the sale, marketing, or distribution of tobacco products, electronic cigarette products, or nicotine products.

KEY: tobacco, permits, tobacco retailers

Date of Last Change: January 20, 2026

Notice of Continuation: July 7, 2023

Authorizing, and Implemented or Interpreted Law: 26B-1-213; 26B-1-202(26); 26B-7-508(6)