Section 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:(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.Amended by Chapter 347, 2020 General Session ,§ 33, eff. 7/1/2020.Amended by Chapter 231, 2018 General Session ,§ 21, eff. 7/1/2018.Added by Chapter 132, 2015 General Session ,§ 9, eff. 7/1/2015.