A tobacco shop at Kimball Junction has sued Summit County since the county has denied it a permit to sell flavored e-cigarette products. The business was unsuccessful at a recent Third District Court hearing in getting a temporary restraining order against the county.
The lawsuit was filed by BSM Enterprises, which is operating as Park City Vapor Company, in a location south and west of Smith’s Grocery.
The business owner, Beau Maxon, filed the litigation against the county Health Department and its director,r Rich Bullough, which denied the business a Specialty Tobacco Retail Permit. An appeal was denied in late June by the Board of Health, which is also named in the suit.
The suit says the shop has had a retail business license going back to 2017; it was permitted as a tobacco retailer in late 2018 and it claims that under state legislation this year defining e-tobacco sales, the business is grandfathered and is allowed to sell electronic flavored cigarettes.
In a hearing on July 15, the plaintiff’s attorney, Phillip Dyer, contended they should be granted a temporary restraining order