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No tobacco license under this Chapter shall be issued to any person under the following circumstances:
(1) if, following an investigation pursuant to Section 4-64-220(b), the Commissioner determines that the applicant or licensee, as applicable, or any person with a substantial or controlling interest in the applicant or licensee: (i) has ever been convicted, in custody, under parole, or under any other non-custodial supervision resulting from an adjudication of guilt in any judicial or administrative proceeding in any jurisdiction of a felony of any kind or a criminal offense (other than a minor cannabis offense) of whatever degree that is rationally related to such person’s fitness or capacity to engage in the covered business activity or to be entrusted with the sale of cigarettes; or (ii) has ever admitted guilt in connection with any such felony or criminal offense (other than a minor cannabis offense) under circumstances where such admission of guilt is a matter of record; or (iii) otherwise lacks the character, reputation or fitness to engage in the covered business activity or to be entrusted with the sale of cigarettes; or
(2) if applicant or licensee, as applicable: (i) intends to or does sell, give away, barter, exchange or otherwise deal in tobacco products or tobacco accessories at the licensed location, and (ii) such location has a property line within 100 feet of the property line of any building or location used primarily as a school, child care facility, or for the education or recreation of children under 18 years of age, as set forth in Section 4-64-515(a) or Section 4-64-615(a), as applicable;
(3) if the applicant or licensee, as applicable: (i) intends to sell, give away, barter, exchange or otherwise deal in flavored tobacco products or accessories for such products at the licensed location, and (ii) such location has a property line within 500 feet of the property line of any public, private or parochial secondary school located in the City of Chicago, as set forth in Section 4-64-515(b) or Section 4-64-615(b), as applicable. Provided, however, that this prohibition on license issuance shall not apply to: (1) retail tobacco stores, as set forth in Section 4-64-515(b) or Section 4-64-615(b), as applicable; or (2) renewals of licenses existing as of December 31, 2016, as set forth in Section 4-64-515(c)(1) or Section 4-64-615(c)(1), as applicable; or (3) applications for a new tobacco license to engage in the business of retail tobacco dealer pursuant to a purchase of a retail tobacco business at a location that holds such a license on or after December 31, 2016, as set forth in Section 4-64-515(c)(2) or Section 4-64-615(c)(2), as applicable;
(4) if the applicant or licensee, as applicable, or any person with a substantial ownership or controlling interest in the applicant or licensee, has had any license under this Chapter 4-64 revoked for cause within the four-year period prior to the date of the application, as set forth in Section 4-64-935(b);
(5) if: (i) the applicant or licensee, as applicable, or any person with a substantial ownership or controlling interest in the applicant or licensee, or the parent, child, sibling, spouse or domestic partner of the applicant or licensee, has ever had any license under this Chapter not renewed for any reason set forth in Section 4-64-940; and (ii) the applicant or licensee is seeking a tobacco license at the same location governed by the non-renewal decision; and (iii) the one-year period of ineligibility for the issuance of a new tobacco license at the same location, as set forth in Section 4-64-935(c), has not expired.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 6; Amend Coun. J. 11-26-19, p. 11547, § 8)
The fee for a tobacco license under this Chapter shall be as set forth in Section 4-5-010 for each covered business activity identified on the face of such license.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 20)
ARTICLE III. ALL TOBACCO LICENSEES – DUTIES AND PROHIBITIONS* (4-64-300 et seq.)
* Editor’s note – Coun. J. 4-18-18, p. 76348, § 7, amended the title to this Article III.
Upon demand by the Commissioner of Public Health, all licensees under this Chapter shall furnish to the Department of Public Health, for inspection and analysis by or under the direction of such Commissioner, samples of all cigarettes or tobacco products sold or offered for sale by the licensee.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 16)
No person shall expose for sale, sell or offer for sale to any person, whether directly or indirectly, any cigarette containing opium, morphine, jimsonweed, belladonna, strychnia, cocaine or any other deleterious or poisonous drug other than nicotine.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5)
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