(1) A specialized product retailer may not sell a specialized product in the state unless the specialized product retailer obtains a license from the department. (2) The department shall charge the following fees to obtain a license under this chapter: (a) $2,500 for a retail tobacco specialty business; (b) $600 for any retailer that sells: (i) a cannabinoid product as defined in Section 4-41-102; (ii) a kratom product as defined in Section 4-45-102; or (iii) a product containing a substance: (A) not generally recognized as safe for use in a conventional food product under applicable federal food additive regulations; and (B) that is known or intended to have psychoactive, euphoric, analgesic, sedative, or intoxicating effects; and (c) $300 for a general tobacco retailer not described in Subsection (2)(b). (3) The term for a license under this section is one year. (4) The department may not issue a license to a person under this section unless the person provides proof that the person has obtained the applicable license, registration, or permit, required by law for each specialized product type that the person sells which may include: (a) a license for a retail tobacco specialty business described in Section 10-8-41.6 and Section 17-78-1004; (b) a valid permit for a tobacco retailer issued under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the tobacco retailer is located; and (c) each appropriate license from the State Tax Commission for each product the person will sell that requires a license from the State Tax Commission. (5) A person that operates a specialized product retailer without a current and valid license described in Subsection (1) is subject to a $50,000 civil fine. (6) A person that operates as a retail tobacco specialty business without the current and valid licenses required by law to be a retail tobacco specialty business is subject to a $50,000 civil fine. (7) The department shall deposit fees collected under this section into the Qualified Patient Enterprise Fund described in Section 26B-1-310.
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