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ANNOUNCEMENT

The Utah House of Representatives is considering House Bill 95 – which would implement significant business zoning and licensing restrictions on businesses selling tobacco!

The proposal DEFINES any retail location selling tobacco as a "RETAIL TOBACCO SPECIALTY BUSINESS" if:

  • Tobacco sales account for more than 30% of total annual gross receipts
  • Food and beverage products, excluding gasoline sales, are less than 50% of annual gross receipts (Note that this definition will most likely include most convenience stores.)

Some of the proposed restrictions under consideration would:

  • REQUIRE any retail location that meets the definition to OBTAIN A LICENSE from the county in which it is located.
  • PROHIBIT any new retail location from being within 600 FEET OF:
    • ANY PROPERTY USED OR ZONED FOR RESIDENTIAL OR AGRICULTURE USE
    • ANY EXISTING "RETAIL TOBACCO SPECIALTY BUSINESS"

  • PROHIBIT any new retail locations from being within 1,000 FEET OF A "COMMUNITY LOCATION." This includes churches, libraries, parks and schools.
  • LIMIT GRANDFATHER EXEMPTIONS. Any existing retail location defined as a "Retail Tobacco Specialty Business" would have to meet the following requirements:
    • Be in operation on or before May 8, 2012;
    • Continuously maintain the business license without a relapse or revocation of license;
    • Not substantially change its premises or business operation;
    • Not close or discontinue the sale of tobacco products for more than 60 consecutive days.

  • AUTHORIZE LOCALITIES ABILITY TO REVOKE the license of a "Retail Tobacco Specialty Business" for, among other things, any violation of FDA's retail regulations.

If you would like to contact your elected official regarding this bill, please click on the “My Legislators” link below.

My Legislators


Utah Tobacco Revenue

  • State Excise Tax on Cigarettes: $1.70
  • State Excise Tax on Smokeless Tobacco: $1.83/oz
  • State Excise Tax on Little Cigars: 86% Manufacturer's Price
  • State Excise Tax on Large Cigars: 86% Manufacturer's Price
  • Sales Tax on Cigarette Sales: $0.27
Utah Revenue from Cigarettes
  • Excise Tax Collected (2009): $52,419,000
  • Master Settlement Agreement (MSA Payments 2009): $45,200,000
  • Cigarette Sales Tax Revenues (2009): $15,182,541
  • Total Revenue Collected (2009): $112,801,541

Source: Bill Orzechowski & Rob Walker, The Tax Burden on Tobacco, Historical Compilation Volume 44, 2009.

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2012 Legislative Session: January 23 – March 8

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Governor Gary R. Herbert

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