3-9-3: TOBACCO SALES BUSINESS LICENSE REQUIRED:
A. Tobacco Products And Tobacco Paraphernalia: No individual, entity, organization, or business shall sell tobacco products or tobacco paraphernalia unless it has obtained a tobacco sales business license. A tobacco sales business license shall only be issued as a secondary license to a business license for one of the following:
1. A business that is primarily engaged in the sale of food and beverage products and is located in a building which is ten thousand (10,000) square feet or larger;
2. A business that is primarily engaged in the sale of gasoline or diesel fuel and is located in a building which is two thousand (2,000) square feet or larger;
3. An on-premises alcoholic beverage sales license;
4. A business license for a pharmacy under Utah Code and is located in a building which is ten thousand (10,000) square feet or larger; or
5. A business license for any business that was lawfully selling tobacco products and tobacco paraphernalia under that license prior to May 3, 2012.
B. Application For License:
1. An application for a license shall be made in writing on the form provided by the licensing officer. The form must be completed in its entirety. The application must be accompanied by:
a. The business license required in this chapter;
b. Documentation showing the square footage of the building;
c. Proof of the operation of a business specified in subsection A1 or A2 of this section, if the application is to qualify as such a business; and
d. If seeking to qualify under subsection A5 of this section, proof of:
(1) The lawful sales of tobacco products and tobacco paraphernalia prior to May 3, 2012; and
(2) The percentage of tobacco products and tobacco paraphernalia sold as compared to the total annual gross receipts for the business. (Ord. 2012-11-001, 11-1-2012)