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Wasatch County Unincorporated
City Zoning Code

CHAPTER 16

34: RETAIL SALE OF TOBACCO PRODUCTS

16.34.01: TOBACCO SPECIALTY BUSINESSES

  1. "Tobacco specialty business" means a commercial establishment in which:
    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, are 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.
  2. Tobacco specialty businesses may only be constructed or operated as conditional uses with a valid business license within the areas zoned I or C, subject to the additional restrictions found in Utah Code Annotated 17-50-333.
  3. Distance requirements between structures and uses specified in this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the property boundaries of the school, public park, religious or cultural activity, residential use, or other tobacco specialty business, or from the right of way line of a gateway to the structure of the tobacco specialty business.
  4. Distance requirements from zoning districts for this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest zoning boundary of a residential or agricultural district to the tobacco specialty business structure.
  5. It is unlawful for any tobacco specialty business to do business at any location within the county not zoned for such business. Operating a tobacco specialty business within the county without a license or within a zone not zoned for such business shall constitute a civil fine of no less than one thousand dollars ($1,000.00) and a class B misdemeanor with a fine no less than seven hundred fifty dollars ($750.00).
  6. Each day a tobacco specialty business conducts business without a license or in a zone not zoned for such business constitutes a separate offense with regards to civil and criminal penalties. 

HISTORY
Adopted by Ord. 13-21 on 3/19/2014