7-7-125. TOBACCO ORIENTED BUSINESSES.
(1) Definitions:
a. For the purpose of this Section, “Tobacco Products” shall have the meaning set forth in Section 10-8-41.6, Utah Code Annotated, or any amended or successor statute.
b. A business or establishment is a “Tobacco Oriented Business” if it meets any of the following criteria at any time:
i. More than two percent of the floor area (including Warehouse or office space) is used for the sale or display of Tobacco Products;
ii. The business or establishment sells, displays, or makes available any of the following in any quantity:
1. Tobacco paraphernalia as defined in Section 76-10-104.1, Utah Code Annotated, or any amended or successor statute;
2. Hookah products or accessories; or
3. Pipes or any similar product.
c. Businesses qualifying as Retail Tobacco Specialty Businesses as defined by this Title are not Tobacco Oriented Businesses and shall not be licensed as Tobacco Oriented Businesses.
(2) The following restrictions apply to Tobacco Oriented Businesses:
a. Only one Tobacco Oriented Business shall be permitted in the City for every 10,000 citizens of the City.
b. Tobacco Oriented Businesses cannot be located in multitenant Buildings. All Tobacco Oriented Businesses established, licensed, or applying for land use approval must be located in a Building meeting the Commercial Design Standards set forth in this Title, even if said Building was existing on the date of this ordinance.
c. Tobacco Oriented Businesses shall not be located within 200 feet of a Major Arterial as defined in the City’s Major Street Plan. Tobacco Oriented Businesses shall not be located within 300 feet of any Agricultural Zone, Residential Zone or Use, Public Park, School, Tobacco Oriented Business, or Retail Tobacco Specialty Business. These distances shall be measured in a straight line from the nearest Entrance of the Tobacco Oriented Business to the nearest property boundary of the Uses and zones set forth herein, without regard to intervening Uses, Structures, or Zoning districts.
(3) Disclosure requirements for Tobacco Oriented Businesses are as follows:
a. All Tobacco Oriented Businesses must disclose their status as a Tobacco Oriented Business on a form created by the City. This disclosure must be submitted with any new or renewal business license application or with any land use application.
b. The disclosure requirements of this subsection (3) apply to both new and existing businesses, even if a business is a legal Nonconforming Use.
c. Failure to make the disclosure required by this Section or making misleading or inaccurate statements in or in connection with said disclosure shall constitute sufficient grounds for the denial of a new or renewal business license application, revocation of an existing business license, or revocation of a land use approval.