1. (1) A tobacco retailer shall hold a valid tobacco retail permit issued by the local health department with jurisdiction over the physical location where the tobacco retailer operates.

2. (2) To receive a tobacco retail permit, an applicant shall:

   1. (a) submit an application provided by the local health department with jurisdiction over the physical location where the tobacco retailer operates or will operate; and
   2. (b) pay any applicable fees.

3. (3) To submit an application for a tobacco retail permit, an applicant shall complete each required section of the application and submit the application either online or by a hard copy to the local health department. The applicant shall provide:

   1. (a) information for each individual listed as a proprietor and owner, including percentage of ownership, or if the proprietor is a corporation, corporate ownership information;
   2. (b) a local individual to contact concerning the application and business must be included under business information on the application;
   3. (c) information concerning the business, including business name, street address, mailing address, and telephone number;
   4. (d) a copy of a valid Utah State Tax Commission license; and

   5. (e) certification that the proposed retail tobacco location meets the requirements as defined in the application for a:

      1. (i) general tobacco retailer; or
      2. (ii) retail tobacco specialty business.

4. (4) Any application for a retail tobacco specialty business shall:

   1. (a) include a $250 plan review fee; and

   2. (b) include a map that demonstrates the business location meets the proximity requirements for a retail tobacco specialty business, by measuring in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of the location identified as the business address, without regard for intervening structures or zoning districts, to prove that the business is not located within:

      1. (i) 1,000 feet of a community location;
      2. (ii) 600 feet of another retail tobacco specialty business; or
      3. (iii) 600 feet of property used or zoned for agricultural or residential use.

5. (5)(a) A retail tobacco specialty business that meets the requirements described in Subsection 10-8-41.6(7) or 17-50-333(7) is exempt from the proximity requirements listed in Subsection (4)(b).

   1. (b) A retail tobacco specialty business that does not meet the requirements described in Subsection 10-8-41.6(7) or 17-50-333(7) that desires to sell tobacco products, electronic cigarette products, and nicotine products shall complete the application described in this section and demonstrate that the location:

      1. (i) meets the proximity requirements for a retail tobacco specialty business in Subsection (4)(b); or
      2. (ii) has a business model and business layout that meets the requirements for a general tobacco retailer.

6. (6) The local health department has 30 days to issue the permit beginning on the date the local health department receives the application and payment.

   1. (a) The local health department shall provide online or hard copy receipt of payment and application submission to the proprietor when the local health department receives the application and payment.
   2. (b) The receipt provided by the local health department to the proprietor will serve as a temporary operating permit, which will be valid for 30 days.
7. (7) A permit is non-transferrable.
8. (8) A general tobacco retailer permit is valid for two years.
9. (9) A retail tobacco specialty business permit is valid for one year.

10. (10) The proprietor of a tobacco retailer is responsible to notify the local health department if there is a change in their business operation requiring a change in their business license between tobacco retail specialty business and general tobacco retailer. If the information described in Subsection 26B-7-508(3) changes, a tobacco retailer:

    1. (a) may not apply for the renewal of the permit; and
    2. (b) shall apply for a new permit no later than 15 days after the information in Subsection 26B-7-508(3) changes.

11. (11) A tobacco retailer may apply for a renewal of a permit no earlier than 30 days before the day on which the permit expires.

    1. (a) A tobacco retailer that fails to renew a permit before the permit expires may apply to reinstate the permit by submitting to the local health department:

       1. (i) an application, as outlined in Subsection R384-324-3(3), for either a general tobacco retailer or a retail tobacco specialty business and the additional requirements outlined in Subsection R384-324-3(4) for retail tobacco specialty businesses;
       2. (ii) the fee for the reinstatement of a permit; and
       3. (iii) a signed affidavit affirming that the tobacco retailer has not violated the prohibitions in Subsection 26B-7-507(1).

    2. (b) Until an expired permit is reinstated, a tobacco retailer with an expired permit may not:

       1. (i) place a tobacco product, electronic cigarette product, or a nicotine product in public view;
       2. (ii) display any advertisement related to tobacco products, electronic cigarette products, or nicotine products that promotes the sale, distribution, or use of those products; or
       3. (iii) sell, offer for sale, or offer to exchange for any form of consideration, tobacco, 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)