Retail Tobacco Specialty Business Permits

What is Retail Tobacco Specialty Business?

• The sales of tobacco products, electronic cigarette products, and nicotine products account for more than 35% of the total quarterly gross receipts for the establishment;
• 20% or more of the public retail floor space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products;
• 20% or more of the total shelf space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products;
• the commercial establishment:
  • holds itself out as a retail tobacco specialty business; and
  • causes a reasonable person to believe the commercial establishment is a retail tobacco specialty business;
• any flavored electronic cigarette product is sold; or
• the retail space features a self-service display for tobacco products, electronic cigarette products, or nicotine products
  

Where can I have a Retail Tobacco Specialty Business?

A retail tobacco specialty business may not 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

*Types of Community Locations:

• 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

Note: Approval of a location may still be subject to more specific zoning requirements or ordinances from the city.

How do I measure from location to location?

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 without regard to intervening structures or zoning districts.

State Laws

The State of Utah has developed UtahTobaccoLaws.org to help tobacco retailers understand the laws and licensing requirements associated with selling tobacco, e-cigarette, and nicotine products.

If you still have questions, please call 801-525-4969 or email koflarity@co.davis.ut.us