(A) License required. No person shall sell or offer to sell any tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products, or tobacco related device without first having obtained a license to do so from the city.
(B) Number of licenses. The city shall issue no more than five separate licenses. They are issued generally on a first come, first served basis. Any applicant with prior violations is considered as a last priority.
(C) Application. An application for a license to sell tobacco or tobacco products shall be made on a form provided by the city. Upon receipt of a completed application, the Administrator/Clerk-Treasurer shall forward the application to the Police Department for the purpose of conducting a background check on the applicant. The Police Department shall have ten days from receipt of a complete application to complete the background check. Upon completion of the background check, the Police Department shall forward the application and investigation results to the City Council for action at its next regularly scheduled meeting. If the Administrator/Clerk-Treasurer determines that an application is incomplete, he/she shall return the application to the applicant with notice of the information necessary to make the application complete.
(D) Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council approves the license, the Administrator/Clerk-Treasurer shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision.
(E) License fee. No license shall be issued under this chapter until the appropriate license fee is paid in full. The annual fee for a license under this chapter shall be established in the city's ordinance establishing fees and charges, as may be amended from time to time. Initial license applications covering a period of less than one year shall be charged a fee calculated on a monthly pro rata basis.
(F) Restriction on issuance.
(1) No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges, or other financial claims of the city are delinquent and unpaid. In the event an action has been commenced pursuant to the provisions of M.S. Ch. 278, as it may be amended from time to time, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this division. No waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due.
(2) No license shall be granted if the applicant, responsible party, owner, manager, or any other person involved with the application:
(a) Is under the age of 21;
(b) Who is not of good moral character and repute;
(c) The applicant has had a license to sell tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products or tobacco related devices revoked within the preceding five years of the date of application; or
(d) The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision or other regulation relating to tobacco or tobacco products, electronic delivery devices, nicotine or lobelia delivery products or tobacco related devices.
(3) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this chapter.
(G) Term. All licenses issued under this chapter shall expire on December 31 of each year.
(H) Revocation or suspension. Any license issued under this chapter may be revoked or suspended as provided in this chapter.
(I) Transfers. All licenses issued under this chapter shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council.
(J) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this chapter.
(K) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
(L) Renewals. The renewal of a license issued under this chapter shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but not more than 60 days before the expiration of the current license.
(M) Issuance as privilege and not a right. The issuance of a license issued under this chapter shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license.
(Ord. 95, passed 12-20-2022) Penalty, see § 113.99