Chapter 13 - Retail Tobacco Specialty Business

Part of the City Ordinances of Kaysville, UT.

Local law · Updated September 11, 2026 · 1,278 sections

The text

16-13-1 - Purpose.#

The purpose of this Chapter is to license and regulate the operation of Retail Tobacco Specialty Business within Kaysville City.

16-13-2 - Definitions.#

As used in this Chapter:

Community Location means: a.

A public or private kindergarten, elementary, middle, junior high, or high school;

A licensed child-care facility or preschool;

A trade or technical school;

A church;

A public library;

A public playground;

A public park;

A youth center or other space used primarily for youth oriented activities;

A public recreational facility;

A public arcade; or

For a new license issued on or after July 1, 2018, a homeless shelter.

Public Retail Floor Space means the total floor square feet of the business where a customer can see, retrieve, or purchase any item that is offered for sale by the general tobacco retailer, including all areas behind the purchase counter, and including appurtenant areas for storage.

Retail Tobacco Specialty Business means a commercial establishment in which: a.

The sale of Tobacco Products accounts for more than thirty-five percent (35%) of the total annual gross receipts for the establishment;

Twenty percent (20%) or more of the public retail floor space is allocated to the offer, display, or storage of tobacco products;

Twenty percent (20%) or more of the total shelf space is allocated to the offer, display, or storage of tobacco products; or

The retail space features a self-service display for tobacco products.

Self-Service Display means a display of a cigarette, tobacco, or an electronic cigarette to which the public has access without the intervention of a retailer or retailer's employee.

Tobacco Product means: a.

Any cigar, cigarette, or electronic cigarette as defined m Section 76-10-101 Utah Code;

A tobacco product as defined m Section 59-14-102 Utah Code, including:

Chewing tobacco, or

ii.

Any substitute for a tobacco product, including flavoring or additives to tobacco; and

Tobacco paraphernalia as defined in Section 76-10-104.l Utah Code.

(Ord. 18-11-2, 11/11/2018)

16-13-3 - License.#

A business entity that conducts a retail tobacco specialty business shall be licensed in accordance with this Chapter and other licensing provisions of the Revised Ordinances of Kaysville City.

16-13-4 - Location Restrictions.#

The City will not issue a license to a Retail Tobacco Specialty Business if it is located within:

One thousand feet (1,000') of a Community Location;

Six hundred feet (600') of another retail tobacco specialty business; or

Six hundred feet (600') of property used or zoned for:

Agriculture use, or

ii.

Residential use.

For purposes of Subsection (1), 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, or agricultural or residential use, without regard to intervening structures or zoning districts.

16-13-5 - License Application.#

Application for a Retail Tobacco Specialty Business license shall include the following: 1.

An affirmation that the Applicant has received and reviewed the provisions of this Chapter.

Contact Information:

Applicant's true, correct and legal name, including any former names or aliases used during the last ten (10) years;

Applicant's telephone number, home address and mailing address, if different;

If different from the Applicant, the name, address, and telephone number of the responsible person or entity; and

The address by which all notices to the Applicant required under this Chapter are to be sent.

An in-person verification by the License Officer of the Applicant's true identity by use of any of the following which bear a photograph of said Applicant:

A valid drivers license issued by the State;

A valid passport issued by the United States;

A valid identification card issued by any State;

A valid identification issued by a branch of the United States military. Upon verification of identity, the original identification submitted to establish proof of identity shall be returned to the Applicant.

Proof that either the Applicant, or the responsible person or entity, has registered with the Utah State Department of Commerce.

A sales tax number for either the Applicant or for the responsible person or entity.

Proof the retailer holds a valid tobacco retail permit issued by the Davis County Health Department.

Proof that the retailer holds a Cigarette, Tobacco, E-Cigarette License from the State Tax Commission.

Payment of such fees as determined applicable by the City, which shall not exceed the reasonable cost of processing the application and issuing the License.

(Ord. 18-11-2, 11/11/2018)

16-13-6 - Issuance of License.#

The Applicant's submission of the Application authorizes the City to verify information submitted with the completed Application including:

The Applicant's address;

The Applicant's or Entity's state tax identification numbers, if any;

The validity of the Applicant's proof of identity.

The City may consult any publicly available sources for information on the Applicant, including but not limited to, databases for any outstanding warrants, protective orders, or civil judgments.

16-13-7 - Denial, Suspension or Revocation of a License.#

Upon review, the License Officer shall refuse to issue a License to an Applicant or revoke a license for any of the following reasons:

The Application is not complete;

The Applicant fails to:

Establish proof of identity,

ii.

Pay the Fees.

The information submitted by the Applicant at the time of the granting of the license is found to be incomplete or incorrect;

The licensee engages in a pattern of unlawful activity under Utah Code Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;

The licensee violates the regulations restricting the sale and distribution of cigarettes and smokeless tobacco to protect children and adolescents issued by the United States Food and Drug Administration, 21 C.F.R. Part 1140.

Upon determination of the License Officer to deny an Applicant's Application or revoke a license, the City shall cause written notice to be sent to the Applicant or Licensee by the method indicated in the Application. The Notice shall specify the grounds for the denial or suspension or revocation, the documentation or information the City relied on to make the decision, the availability of the documentation for review by Applicant upon one (1) business day notice to the City, and the date upon which the denial, suspension, or revocation of the license shall take effect. It shall further state that the Applicant or licensee shall have ten (10) business days from the receipt of the notice of denial, suspension or revocation to appeal the same. The denial, suspension or revocation of the license shall be effective no sooner than two (2) calendar days from the date the notice is sent. The denial, suspension or revocation shall remain effective unless and until the order is rescinded, overturned on appeal, or determined by a court to be contrary to equity or law. Failure to appeal automatically results in revocation of the license.

(Ord. 18-11-2, 11/11/2018)

16-13-8 - Appeal.#

An applicant whose license has been denied, suspended or revoked shall have the right to appeal to the administrative law judge in accordance with KCC Title 2, Chapter 8. Any appeal must be submitted by either the applicant or legal counsel. The procedures and requirements in KCC 16-1-18, Appeal, of this Title shall apply.

(Ord. 26-09-02, § VII, 9/3/2026)

16-13-9 - Compliance with Other Laws.#

The owners, operators and employees of all retail tobacco specialty businesses shall comply with all federal, State and local statutes, ordinances, rules and regulations applicable to such businesses.

16-13-10 - Penalty.#

A violation of any provisions of this Chapter shall be a class B misdemeanor and shall be punished according to law.