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Layton, UT Business Licensing & Operations: Tobacco Retail License (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Threshold
35% of gross receipts or 20% of floor/shelf space
License required
Before operating (LMC 5.34.020)
County permit deadline
Required since July 1, 2018
Background check
Mandatory for every applicant
Felony bar
Convictions within last 7 years disqualify
Zoning check
Must meet LMC 19.06.210 standards

Summary

Layton requires a Retail Tobacco Specialty Business license before any store selling e-cigarettes, cigars or cigarettes can open if tobacco makes up over 35% of gross receipts or 20% of shelf/floor space. Applicants face a criminal background check and must first secure a Davis County Health Department permit.

1. All retail tobacco specialty businesses shall meet the zoning requirements outlined in LMC 19.06.210. 2. Beginning July 1, 2018, the City shall not issue or renew a business license for an applicant to conduct business as a retail tobacco specialty business until the applicant provides the City with proof that the retail tobacco specialty business has: a. A valid permit for a retail tobacco specialty business issued under Title 26, Chapter 62, Tobacco Retail Permit of Utah Code (as amended), by the Davis County Health Department; and b. A valid license to sell tobacco products from the Utah State Tax Commission. 3. In addition to the Business License requirements of this Title, the City shall require a criminal background check for any applicant of a retail tobacco specialty business license.

Full Breakdown

010. 020). 210, and since July 1, 2018 the City will not issue or renew the license until the applicant proves it holds a valid Tobacco Retail Permit from the Davis County Health Department under Title 26, Chapter 62 of Utah Code, plus a valid tobacco sales license from the Utah State Tax Commission. Stores licensed before July 1, 2018 had until January 1, 2019 to obtain the county permit. Every applicant undergoes a mandatory criminal background check; the City will deny a license to anyone convicted of a felony or crime of moral turpitude in the last seven years, a Class A misdemeanor or controlled-substance crime in the last five years, or a Class B misdemeanor tied to tobacco or alcohol sales in the last three years. 040). 070).

Violations & Fines

The Community and Economic Development Director may suspend or revoke a license, or recommend the county deny renewal, for any violation of Chapter 5.34, including a pattern of unlawful activity under Title 76, Chapter 10, Part 16 of Utah Code or violation of FDA rules restricting sales to minors under 21 C.F.R. Part 1140 (LMC 5.34.080). Every police officer acts as an ex-officio license inspector with authority to inspect the premises for compliance. Decisions of the Director may be appealed under LMC 5.04.050 and 5.04.140.

Frequently Asked Questions

Does Layton require a special license for vape shops?
Yes. Any store where tobacco or e-cigarette products make up over 35% of gross receipts, or 20% of floor or shelf space, is a Retail Tobacco Specialty Business under LMC 5.34.010 and needs a City license before opening.
What disqualifies someone from getting a Layton tobacco retail license?
A felony or crime of moral turpitude within seven years, a Class A misdemeanor or controlled-substance conviction within five years, or a Class B misdemeanor tied to tobacco or alcohol sales within three years all bar issuance under LMC 5.34.030.
Do I also need a county permit to sell tobacco in Layton?
Yes. LMC 5.34.030 requires a valid Tobacco Retail Permit from the Davis County Health Department under Title 26, Chapter 62 of Utah Code before the City will issue or renew the business license, in addition to a Utah State Tax Commission sales license.

Sources & Official References

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