It is unlawful for any person to keep for retail sale, sell at retail or otherwise dispense any tobacco-related product at any place in the city without first obtaining a license and paying a license fee.
(A) Application. An application for a license to sell tobacco, tobacco products or tobacco-related devices shall be made on a form provided by the city. The application shall include, but is not limited to, requiring the full name of the applicant, the applicant's residential and business address and telephone numbers, the name of the proposed license holder, the business location for which the license is sought, and a copy of the educational materials the applicant intends to use to educate employees. The completed application along with the application fee shall be submitted to the City Administrator or his or her designee for approval. If the City Administrator determines that an application is incomplete, he or she shall return the application to the applicant with notice of the deficiencies.
(B) Action. The City Administrator may either approve or deny the license, or may delay action for a reasonable period of time to permit the city to complete any investigation of the application or the applicant deemed necessary. If the Administrator approves the license, a license shall be issued to the applicant. If the Administrator denies the application, a notice of denial shall be sent to the applicant at the business address provided on the application along with the reasons for the denial. The notice shall also inform the applicant of his or her right to appeal the Administrator's decision to the Council pursuant to the process set forth in § 113.08 herein. If a license is mistakenly issued or renewed to an applicant or license holder, it shall be revoked by the City Administrator upon the discovery that the person, applicant or license holder was ineligible for the license under this subchapter.
(C) Term. All licenses are issued for a period of one year. The license period is from January 1 to December 31.
(D) Revocation or suspension. Any license issued under this section may be revoked or suspended as provided in the violations and penalties provisions of this chapter pursuant to the process set forth in § 113.08.
(E) Transfers. All licenses issued under this section shall be valid only on the business 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 Administrator.
(F) Display. Every license shall be conspicuously posted at the place of business for which the license is issued and shall be exhibited to any person upon request.
(G) Renewals. The renewal of a license under this section shall be handled in the same manner as the original application. The request for renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. The issuance of a license under this section 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.
(H) Instructional program. No person shall be issued a license or renewal license to sell tobacco-related products unless an applicant or license holder has an approved program for instructing all employees at the business premises for which the license was issued, in the legal requirements pertaining to the sale of tobacco-related products, including, but not limited to, reviewing the law on the sale of tobacco related products, providing information on the health risks of using tobacco-related products, and requiring employees to request identification from every customer who appears to be under 27 years of age. No license shall be issued unless the applicant or license holder signs a city form attesting that each employee of the applicant or license holder has received training and instruction on the sale of tobacco-related products and the date the training occurred. The training shall include information that the sale of tobacco-related products to minors is illegal, explains what proof of age is legally acceptable, and that a sale to a minor can subject the applicant or license holder and his or her employees to criminal and/or civil liability.
(I) Denials. The following shall be grounds for denying the issuance or renewal of a license under this section. The following list is not exhaustive or exclusive.
(1) The applicant is under the age of 18 years.
(2) The applicant has been convicted within the past five years of a violation of any provisions of this section or a violation of a federal, state or local law, city code provision or other regulation relating to tobacco or tobacco products or related-tobacco devices.
(3) The applicant or license holder has had a license to sell tobacco, tobacco products or tobacco-related devices revoked within the preceding 12 months of the date of application.
(4) The applicant fails to provide any information required on the city license application, or provides false or misleading information.
(5) The applicant or license holder has outstanding fines, penalties or property taxes owed to the city.
(J) Compliance checks. All licensed premises shall be open to inspection by the city police or other authorized city officials during regular business hours.
(1) Annual compliance checks. From time to time, but at least once per year, the city shall conduct compliance checks. Compliance checks may involve, but are not limited to, engaging minors to enter the licensed premises to attempt to purchase tobacco, tobacco products or tobacco-related devices.
(2) Minors. If minors are used for compliance checks, they shall not be guilty of unlawful possession of tobacco when the items are obtained as a part of a compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minors age asked by the licensee or his or her employee and shall produce any identification for which he or she is asked.
(Prior Code, § 6.23, Subd. 3) (Ord. 200, effective 5-21-1999) Penalty, see § 10.99