A. License Required: No person shall sell or offer to sell any licensed product without first having obtained a tobacco retailer license to do so from the City.
B. Application: An application for a license to sell licensed products shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete.
C. 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 shall approve the license, the City Clerk 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 City Council's decision.
D. Term: All licenses issued under this section shall be issued for the period of July 1 through June 30. If an application for a license is made during the license period of July 1 through June 30, the license shall be issued for the remaining portion of said license period. All licenses shall expire on June 30 of each year.
E. Revocation Or Suspension: Any license issued under this section may be revoked or suspended as provided in section 5-6-113 of this chapter.
F. Transfers: All licenses issued under this section 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.
G. Movable Place Of Business: No license shall be issued to a movable place of business. Only fixed location businesses shall be eligible to be licensed under this section.
H. Display: All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
I. 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 thirty (30) days but no more than sixty (60) days before the expiration of the current license.
J. Issuance As Privilege And Not A Right: The issuance of a license issued under this chapter shall be considered a privilege and shall not entitle the license holder to an automatic renewal of the license.
K. Smoking Prohibited: Smoking, including smoking for the purpose of the sampling of licensed products, is prohibited within the indoor area of any retail establishment licensed under this chapter.
L. Proximity To Youth Oriented Facilities: No license shall be granted to any person for retail establishment location that is within one thousand feet (1,000') of youth oriented facility, as measured by the shortest line from the property line of the space to be occupied by the applicant for a license to the nearest property line of a youth oriented facility. This restriction does not apply to an existing license holder who has been licensed to sell licensed products in that same location for at least one year before the date this section was enacted into law so long as that location does not become subject to a transfer of ownership or a lapse in the license due to nonrenewal.
M. Proximity To Other Licensed Retailers: No license shall be granted to any person for any retail establishment location that is within two thousand feet (2,000') of any other existing licensed retail establishment, as measured by the shortest line from the property line of the space to be occupied by the applicant for a license to the nearest property line of the existing licensee. This restriction does not apply to an applicant who has been licensed to sell licensed products in the same location for at least one year before the date this section was enacted into law so long as that location does not become subject to a transfer of ownership or a lapse in the license due to nonrenewal. (Ord. 2018-009, 5-15-2018; amd. Ord. 2022-001, 3-15-2022)