(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OPERATOR. The owner of a retail establishment, or the owner's agent, who is licensed by the city to operate and maintain retail tobacco store.
RETAIL TOBACCO STORE. Any retail establishment that derives more than 80% of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. RETAIL TOBACCO STORE includes an enclosed workplace that manufactures, imports, or distributes tobacco or tobacco products, when, as a necessary and integral part of the process of making, manufacturing, importing, or distributing a tobacco product for the eventual retail sale of that tobacco or tobacco product, tobacco is heated, burned, or smoked, or a lighted tobacco product is tested, provided that the involved business entity: (1) maintains a specially designated area or areas within the workplace for the purpose of the heating, burning, smoking, or lighting activities, and does not create a facility that permits smoking throughout; (2) satisfies the 80% requirement related to gross sales; and (3) delivers tobacco products to consumers, retail establishments, or other wholesale establishments as part of its business. RETAIL TOBACCO STORE does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food, or restaurant license.
(B) Location. Retail tobacco stores shall be permitted in all commercial zoning districts as a "special use permit" subject to approval by the City Council, and shall only be located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited by the Smoke Free Illinois Act (410 ILCS 82/1 et seq.).
(C) License required. No person, firm or corporation shall operate a retail tobacco store within the city without having first obtained a license. The license fee shall be $25 per year. At any time during the license period or prior to the renewal of a license, the Mayor may order the licensee to produce his or her accounting records to determine if the licensee is qualified to hold a license for a retail tobacco store. The failure of the licensee to produce said records for the Mayor upon request, shall result in the automatic revocation of the license.
(D) Regulations/requirements. The operator of a retail tobacco store must comply with all applicable state and federal laws, and city ordinances.
(Ord. 8160-2018, passed 1-15-2018) Penalty, see § 113.999