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(1) Definitions:

a. “Community Location” means:

i. a public or private kindergarten, elementary, middle, junior high, or high School;

ii. a licensed child-care facility or preschool;

iii. a trade or technical School;

iv. a Church;

v. a public library;

vi. a public playground;

vii. a Public Park;

viii. a youth center or other space used primarily for youth oriented activities;

ix. a public recreational facility; or

x. a public arcade.

b. “Retail Tobacco Specialty Business” means a Commercial establishment in which:

i. the sale of tobacco products accounts for more than 35% of the total annual gross receipts for the establishment;

ii. food and beverage products, excluding gasoline sales, is less than 45% of the total annual gross receipts for the establishment; and

iii. the establishment is not licensed as a pharmacy under Title 58, Chapter 17b, Pharmacy Practice Act.

c. “Tobacco product” means:

i. any cigar, cigarette, or electronic cigarette as defined in Utah Code Annotated Section 76-10-101;

ii. a tobacco product as defined in Utah Code Annotated Section 59-14-102, including:

1. chewing tobacco; or

2. any substitute for a tobacco product, including flavoring or additives to tobacco; and

iii. tobacco paraphernalia as defined in Utah Code Annotated Section 76-10-104.1.

(2) A Retail Tobacco Specialty Business shall not be located within:

a. 1,000 feet of a Community Location;

b. 600 feet of another Retail Tobacco Specialty Business; or

c. 600 feet of a Residential or Agricultural Zone or Use.

(3) For the purposes of subsection (2) above, 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 the Community Location, Retail Tobacco Specialty Business, or Agricultural or Residential Zone or Use, without regard for intervening Structures or Zoning districts.

(4) A Retail Tobacco Specialty Business that has a business license and was operating lawfully in the City on or before May 8, 2012 is exempt from the requirements of subsection (2) if said business meets all of the following criteria:

a. The business license has been renewed continuously without relapse or permanent revocation;

b. The Retail Tobacco Specialty Business is not closed for business or otherwise suspends the sale of Tobacco Products for more than 60 consecutive days;

c. The Retail Tobacco Specialty Business does not substantially change the business premises or its business operation; and

d. The Retail Tobacco Specialty Business maintains the right to operate under the terms of other applicable laws, including but not limited to Zoning Ordinances, building codes, and the business license that was issued prior to May 8, 2012.