Utah Code § 59-14-803 — License to sell electronic cigarette product or nicotine product. (Superseded 7/1/2026)

Superseded 7/1/2026
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:
(a)
except as provided in Subsection (2), obtaining a license from the commission under this section to sell an electronic cigarette product or a nicotine product; and
(b)
complying with any bonding requirement described in Subsection (5).
(2)
A person that holds a valid license to sell cigarettes under Section 59-14-201 or a person that holds a valid license to sell tobacco products under Section 59-14-301 may, 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.
(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:
(a)
the person's name;
(b)
the address of the facility where the person will sell an electronic cigarette product or a nicotine product; and
(c)
any other information the commission requires to implement this chapter.
(4)
A license described in Subsection (3) is:
(a)
valid only at one fixed business address;
(b)
valid for three years;
(c)
valid only for a physical location; and
(d)
renewable if a licensee meets the criteria for licensing described in Subsection (3).
(5)
(a)
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 substance, a prefilled electronic cigarette, an alternative nicotine product, a nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device to post a bond.
(b)
The manufacturer, jobber, distributor, wholesaler, or retailer may post the bond required by Subsection (5)(a) in combination with any bond required by Section 59-14-201 or 59-14-301.
(c)
Subject to Subsection (5)(d), the commission shall determine the form and amount of the bond.
(d)
The minimum amount of the bond shall be:
(i)
except as provided in Subsection (5)(d)(ii) or (iii), $500;
(ii)
if the manufacturer, jobber, distributor, wholesaler, or retailer posts the bond required by Subsection (5)(a) in combination with a bond required by either Section 59-14-201 or 59-14-301, $1,000; or
(iii)
if the manufacturer, jobber, distributor, wholesaler, or retailer posts the bond required by Subsection (5)(a) in combination with a bond required by both Sections 59-14-201 and 59-14-301, $1,500.
(6)
The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the additional information described in Subsection (3)(c) that a person shall provide in the application described in Subsection (3).
(7)
It is a class B misdemeanor for a person to violate Subsection (1).
(8)
The commission may not charge a fee for a license under this section.