# Idaho Code § 39-5704: 39-5704 PERMITTING OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES RETAILERS > Idaho · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5704 ## Section - **Citation:** Idaho Code § 39-5704 - **Heading:** 39-5704 PERMITTING OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES RETAILERS - **Jurisdiction:** Idaho - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Idaho Code / Title 39 / Chapter 57 / Section 39-5704 ## Text 39-5704. Permitting of tobacco products or electronic smoking devices retailers. (1) It shall be unlawful to sell or distribute or offer tobacco products or electronic smoking devices for sale or distribution at retail or to possess tobacco products or electronic smoking devices with the intention of selling at retail without having first obtained a tobacco product or electronic smoking device permit from the department, which shall be the only retail tobacco product or electronic smoking device permit or license required. Provided however, this section shall not be deemed to require a wholesaler or manufacturer's representative or employees who, in the course of their employment, stock shelves and replenish tobacco products or electronic smoking devices at a permittee's place of business to obtain a permit. (2) The department shall administer the permitting of tobacco product or electronic smoking device retailers and shall be authorized to ensure compliance with this chapter. (3)(a) Permits shall be issued annually for each permanent business location to ensure compliance with the requirements of this chapter. A copy of signage required by this chapter, and any other materials deemed necessary shall be provided with each permit issued. (b) Permits for each mobile cigar retailer shall be issued annually to a specific mobile unit identified by a vehicle identification number or other unique serial number. A single permit shall authorize the retailer to operate at various temporary locations throughout the state. (4) A separate permit must be obtained for each place of business or mobile unit and is nontransferable to another person, business, or location. (5) The applicant shall select one (1) or more permit endorsements and make the permit available upon request. (6) A permittee may display a sign in each location within a place of business where tobacco products or electronic smoking devices are sold or distributed. A sign may be clearly visible to the customer and the seller and shall state: "STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO PERSONS UNDER THE AGE OF TWENTY-ONE (21) YEARS. PROOF OF AGE REQUIRED. ANYONE WHO SELLS OR DISTRIBUTES TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A PERSON UNDER THE AGE OF TWENTY-ONE (21) YEARS IS SUBJECT TO STRICT FINES AND PENALTIES. PERSONS UNDER THE AGE OF TWENTY-ONE (21) YEARS ARE SUBJECT TO FINES AND PENALTIES." (a) For a mobile cigar retailer, the sign described in this subsection and required permit shall be permanently affixed to the interior or exterior of the mobile unit in a location readily visible to patrons. (b) When performing on-site cigar rolling services or operating a designated cigar garden at various temporary locations, the permittee shall display temporary signage at the specific point of distribution or entry. Such signage shall be clearly visible to both the customer and the seller and include the language provided in this subsection. (7) Permittees are responsible to educate employees as to the requirements of this chapter and retain forms signed by each employee stating that the employee understands such requirements. (8) It shall be unlawful for the permittee to allow employees who are minors to sell or distribute tobacco products or electronic smoking devices, except as provided in this subsection. Employees who are minors may possess but not sell or distribute tobacco products or electronic smoking devices in the course of employment, for such duties as stocking shelves or carrying purchases to customers' vehicles, and employees who are eighteen (18) years to twenty (20) years of age may sell or distribute tobacco products or electronic smoking devices in the course and scope of their employment. (9) A permit shall be closed when the permittee closes the business, no longer sells tobacco or electronic smoking device products, moves to a different physical location, or sells the business. ustomers' vehicles, and employees who are eighteen (18) years to twenty (20) years of age may sell or distribute tobacco products or electronic smoking devices in the course and scope of their employment. (9) A permit shall be closed when the permittee closes the business, no longer sells tobacco or electronic smoking device products, moves to a different physical location, or sells the business. (10) A permit shall be revoked when it is determined that a permit was fraudulently obtained to avoid penalties on an existing permit. (11) All permits expire annually at midnight on December 31 unless renewed. The department shall mail notice of renewal for permits at least ninety (90) days prior to expiration. History: [39-5704, added 1998, ch. 418, sec. 2, p. 1318; am. 2020, ch. 318, sec. 4, p. 908; am. 2022, ch. 113, sec. 3, p. 418; am. 2025, ch. 64, sec. 5, p. 306; am. 2026, ch. 279, sec. 2, p. 1170.] ## Nearby sections - [Idaho Code § 39-5701 39-5701 LEGISLATIVE FINDINGS AND INTENT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5701.md) - [Idaho Code § 39-5702 39-5702 DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5702.md) - [Idaho Code § 39-5703 39-5703 POSSESSION, DISTRIBUTION, OR USE BY A MINOR.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5703.md) - [Idaho Code § 39-5704 39-5704 PERMITTING OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES RETAILERS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5704.md) - [Idaho Code § 39-5705 39-5705 SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5705.md) - [Idaho Code § 39-5706 39-5706 VENDOR-ASSISTED SALES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5706.md) - [Idaho Code § 39-5707 39-5707 OPENED PACKAGES AND SAMPLES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5707.md) - [Idaho Code § 39-5708 39-5708 CIVIL PENALTIES FOR VIOLATIONS OF PERMIT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5708.md) - [Idaho Code § 39-5709 39-5709 CRIMINAL PENALTIES FOR VIOLATIONS WITHOUT A PERMIT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5709.md) - [Idaho Code § 39-5710 39-5710 CONDUCT OF ENFORCEMENT ACTIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5710.md) - [Idaho Code § 39-5711 39-5711 FUNDING AND CREATION OF PREVENTION OF MINORS' ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES FUND.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5711.md) - [Idaho Code § 39-5713 39-5713 LOCAL ORDINANCES PROHIBITED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5713.md) - [Idaho Code § 39-5714 39-5714 REQUIREMENTS FOR DELIVERY SALES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5714.md) - [Idaho Code § 39-5715 39-5715 AGE VERIFICATION REQUIREMENTS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5715.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5704. 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