Section 201 – Permitting requirement.

• (1)
  • (a) A tobacco retailer shall hold a valid tobacco retail permit issued in accordance with this chapter by the local health department with jurisdiction over the physical location where the tobacco retailer operates.
  • (b) A tobacco retailer without a valid permit may not:
    • (i) place a tobacco product, an electronic cigarette product, or a nicotine product in public view;
    • (ii) display any advertisement related to a tobacco product, an electronic cigarette product, or a nicotine product that promotes the sale, distribution, or use of those products; or
    • (iii) sell, offer for sale, or offer to exchange for any form of consideration, tobacco, a tobacco product, an electronic cigarette product, or a nicotine product.

• (2) A local health department may issue a permit under this chapter for a tobacco retailer in the classification of:
  • (a) a general tobacco retailer; or
  • (b) a retail tobacco specialty business.

• (3) A permit under this chapter is:
  • (a) valid only for one physical location, including a vending machine;
  • (b) valid only at one fixed business address; and
  • (c) if multiple tobacco retailers are at the same address, separately required for each tobacco retailer.

Amended by Chapter 347, 2020 General Session