TOBACCO/ELECTRONIC CIGARETTE (E-CIGARETTE) PARAPHERNALIA: Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco or nicotine products.

TOBACCO PRODUCTS: Any substance containing any tobacco leaf, including, but not limited to, cigarettes, cigars, bidis, pipe tobacco, snuff, chewing tobacco, smokeless tobacco or electronic cigarette as defined in Utah code section 76-10-101.

TOBACCO/E-CIGARETTE RETAILERS: Any person who sells, offers for sale, exchanges or offers to exchange for any form of consideration, tobacco, tobacco products and/or tobacco/e-cigarette paraphernalia and either:

   A.   Devotes twenty percent (20%) or more of floor area or display area to the sale or exchange of tobacco products and/or tobacco/e-cigarette paraphernalia; or

   B.   1. The sale of tobacco products accounts for more than thirty five percent (35%) of the total annual gross receipts for the establishment;

      2.   Food and beverage products, excluding gasoline sales, is less than forty five percent (45%) of the total annual gross receipts for the establishment; and

      3.   The establishment is not licensed as a pharmacy under Utah Code Annotated title 58, chapter 17b, pharmacy practice act. (Ord. 13-30)

   A.   Separation From Sensitive Uses: No tobacco or e-cigarette retailer shall be located within one thousand feet (1,000') of the boundary of any residential zone, residential use or a parcel occupied by any of the following:

      1.   A public or private kindergarten, elementary, junior or high school;

      2.   A licensed childcare facility or preschool other than a family daycare facility;

      3.   A playground;

      4.   A youth center;

      5.   A recreational facility;

      6.   An arcade;

      7.   A park; or

      8.   A library,

as measured in a straight line from parcel boundary to parcel boundary.

   B.   Limited Number: One tobacco/e-cigarette retailer shall be allowed for every ten thousand (10,000) citizens living in the city.

   C.   Limited Density Of Tobacco/E-Cigarette Retailers: No tobacco/e-cigarette retailer shall be located within five hundred feet (500') of a site occupied by another tobacco/e-cigarette retailer, as measured in a straight line from parcel boundary to parcel boundary. (Ord. 13-30)