59-14-803. License to sell electronic cigarette product or nicotine product.
(1) A person may not sell, offer to sell, or distribute an electronic cigarette product or a nicotine product in this state without first: except as provided in Subsection, obtaining a license from the commission under this section to sell an electronic cigarette product or a nicotine product; and (2) complying with any bonding requirement described in Subsection. (5)
(2) A person that holds a valid license to sell cigarettes under Sectionor a person that holds a valid license to sell tobacco products under Sectionmay, without obtaining a separate license in accordance with this section, sell, offer to sell, or distribute an electronic cigarette product or a nicotine product in this state. 59-14-201 59-14-301 Subject to Subsection, the commission shall charge $250 for issuing or renewing a license under this section. (2)(a) The commission shall deposit 88% of any fee received under this section to the fund described in Section. 53-1-123
(3) The commission shall issue a license to sell an electronic cigarette product or a nicotine product to a person that submits an application, on a form created by the commission, that includes: the person's name; the address of the facility where the person will sell an electronic cigarette product or a nicotine product; and any other information the commission requires to implement this chapter.
(4) A license described in Subsectionis: (3) valid only at one fixed business address; valid for one year; valid only for a physical location; and renewable if a licensee meets the criteria for licensing described in Subsection. (3) For any license issued before January 1, 2027, during the 2027 calendar year, the commission shall re-issue the license as a one-year license in the same calendar month the license was originally set to expire and charge the associated license fee.
(5) The commission shall require a manufacturer, jobber, distributor, wholesaler, or retailer that is responsible under this part for the collection of tax on an electronic cigarette product, an alternative nicotine product, or a nontherapeutic nicotine product to post a bond. The manufacturer, jobber, distributor, wholesaler, or retailer may post the bond required by Subsectionin combination with any bond required by Sectionor. (5)(a) 59-14-201 59-14-301 Subject to Subsection, the commission shall determine the form and amount of the bond. (5)(d) The minimum amount of the bond shall be: except as provided in Subsectionor, $500; (5)(d)(ii) (iii) if the manufacturer, jobber, distributor, wholesaler, or retailer posts the bond required by Subsectionin combination with a bond required by either Sectionor, $1,000; or (5)(a) 59-14-201 59-14-301 if the manufacturer, jobber, distributor, wholesaler, or retailer posts the bond required by Subsectionin combination with a bond required by both Sectionsand, $1,500. (5)(a) 59-14-201 59-14-301
(6) The commission may make rules in accordance with, to establish the additional information described in Subsectionthat a person shall provide in the application described in Subsection. Title 63G, Chapter 3, Utah Administrative Rulemaking Act (3)(c) (3)
(7) It is a class B misdemeanor for a person to violate Subsection. (1)
(8) A person who violates Subsectionis subject to an administrative fine of $1,000 to be collected by the commission. (1)