Ogden, UT Business Licensing & Operations: Tobacco Retail License (2026)
Key Facts
- School/church/park buffer
- 1,000 feet
- Buffer from other tobacco shops/residential
- 600 feet
- Tobacco sales threshold to qualify
- Over 35% of gross receipts
- Includes vapor liquid/e-cigarettes
- Yes, regardless of nicotine content
- Nonconforming abandonment trigger
- 60 consecutive days closed
- Governing date
- Applies to stores opened after May 8, 2012
Summary
Ogden City Code § 15-13-35 keeps new retail tobacco specialty businesses, which by definition include vapor and e-cigarette liquid retailers, at least 1,000 feet from schools, churches, libraries, parks and youth centers and 600 feet from other tobacco shops, agriculture zones and residential zones. Stores open before May 9, 2012 keep nonconforming status unless closed 60 days.
A. A retail tobacco specialty business beginning operation after May 8, 2012, is required to have a minimum separation from each of the following uses: 1. One thousand feet (1,000') from: a. A public or private kindergarten, elementary, middle, junior high or high school; ... ... 2. Six hundred feet (600') from: a. Another retail tobacco specialty business; b. An agriculture zone or use; c. A residential zone or use.
Full Breakdown
Ogden City Code § 15-2-19 defines a retail tobacco specialty business as any commercial establishment where tobacco product sales exceed 35% of annual gross receipts and food and beverage sales fall under 45%, and it expressly folds in electronic cigarettes and liquid used to produce vapor, regardless of whether that liquid contains nicotine, alongside cigars, cigarettes and tobacco paraphernalia. Any such business beginning operation after May 8, 2012 must sit at least 1,000 feet from a public or private school, licensed childcare facility, trade school, church, public library, playground, park, youth center, recreation facility or arcade, and at least 600 feet from another retail tobacco specialty business, an agriculture zone or use, or a residential zone or use, under § 15-13-35.
Distances run in a straight line from the shop's nearest entrance to the nearest property line of the protected use, ignoring intervening buildings or zoning boundaries. Zoning further confines where these stores can locate at all: the use tables in Title 15 list retail tobacco specialty businesses as permitted only in specific commercial and manufacturing zones, and only if the § 15-13-35 separation standards are met. A store that opened before May 9, 2012 and cannot meet the buffers keeps legal nonconforming status, but that status ends, and the use is deemed abandoned, if operations are suspended or discontinued for more than 60 consecutive days or the store's business license lapses without renewal or is permanently revoked.
Violations & Fines
Ogden City's Community and Economic Development Department administers retail tobacco specialty licensing and zoning compliance under § 15-13-35, and Code Enforcement can act against a business that opens within the buffer zones or continues operating after its nonconforming status lapses through 60 days of closure or a revoked license. A business license may be denied, suspended, or not renewed for a location that fails the distance or zoning requirements.
Frequently Asked Questions
Do Ogden City's tobacco shop distance rules cover vape stores?
How far must a new tobacco shop be from a school in Ogden City?
What happens to an existing tobacco shop that doesn't meet the buffers?
Sources & Official References
Other rules in Ogden
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