(1) Except as provided in Subsection (2), a person may not sell, offer to sell, or distribute an electronic cigarette product in Utah without first obtaining a license to sell an electronic cigarette product from the commission under this section.

(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 to sell an electronic cigarette product under this part, sell, offer to sell, or distribute an electronic cigarette product in Utah in accordance with this part.

(3) The commission shall issue a license to sell an electronic cigarette product to a person that submits an application, on a form created by the commission, that includes: (a) the person's name; (b) the address of the facility where the person will sell an electronic cigarette product; and (c) any other information the commission requires to implement this chapter.

(a) the person's name;

(b) the address of the facility where the person will sell an electronic cigarette 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).

(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) 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 must provide in the application described in Subsection (3).

(6) It is a class B misdemeanor for a person to violate Subsection (1).

(7) The commission may not charge a fee for a license under this section.