In addition to the applicable legal duties set forth Chapter 4-4 of this Code and in Article III of this Chapter, each licensee engaged in the business of retail tobacco dealer shall have the following duties:
(1) Recordkeeping. At the time of the transaction, keep a written record in English of all purchases of cigarettes. Such record shall set forth: (i) the name and address of the place of business of the person from whom the cigarettes were purchased, (ii) the date of the transaction, (iii) the seller's invoice number, (iv) the seller's tobacco license number, and (v) a description of the cigarettes purchased. The records required under this subsection, and all cigarettes purchased, received or kept for sale by every retail tobacco dealer, shall be open for inspection, at all reasonable times, by the Commissioner or Comptroller or their respective designees or by any duly authorized member of the Department of Police, Department of Business Affairs and Consumer Protection or Department of Finance.
(2) Cigarettes purchased from non-City-licensed wholesalers. If cigarettes are purchased from any source, other than a person holding a valid tobacco license under this Chapter to engage in the business of wholesale tobacco dealer, make out and deliver a report to the Department of Finance or Department of Business Affairs and Consumer Protection, within 24 hours after such purchase, identifying: (i) the name and residential or business address of the person from whom the purchase of cigarettes was made, (ii) the quantity of cigarettes purchased, and (iii) a description of the cigarettes purchased.
(3) Cooperation with inspections – Required.
(i) Licensees and their agents who sell tobacco shall present valid government-issued identification when an authorized City investigator has identified himself and requested such identification.
(ii) Licensees and their agents shall be prohibited from closing and locking safe doors and other doors, including but not limited to doors to closets and storerooms, when an authorized City investigator has identified himself and announced his intention to inspect the premises for compliance with the requirements of this Code.
(iii) Licensees and their agents shall immediately stop selling cigarettes and other tobacco products when an authorized City investigator has identified himself and announced his intention to inspect the premises for compliance with the requirements of this Code.
(iv) Within thirty minutes of the arrival of any authorized City investigator charged with responsibility for inspecting the licensed premises, the licensee shall have a person available on site to open any locked safe or door where unstamped cigarettes may be hidden.
(v) The failure by a licensee or such licensee's agent to comply with this subsection (3) shall subject the licensee to the applicable penalty set forth in Section 4-64-900.
(4) Warning sign for other tobacco products – Required.
(i) If the licensee sells other tobacco products at the licensed location, the licensee shall post a current and legible warning sign meeting the requirements of this paragraph (4)(i). Such warning sign shall: (a) be posted by the licensee at each public entrance to the licensed premises; and (b) be clearly visible to all persons entering the licensed premises. The warning sign required under this paragraph (4)(i) shall be: (A) designed and approved for content by the Department of Public Health in accordance with subsection (f) of Section 4-64-220; (B) made available to the licensee on the respective websites of the Department of Public Health and Department of Business Affairs and Consumer Protection, for viewing, downloading, printing and posting by the licensee.
(ii) The Department of Business Affairs and Consumer Protection and Department of Public Health are authorized to enforce this paragraph (4).
(iii) Prior to promulgating rules to implement this paragraph (4), the Department of Business Affairs and Consumer Protection shall consult with the Department of Public Health; provided, however, that the Department of Public Health shall be exclusively responsible for the content of the warning sign, which shall meet the minimum standards in Section 4-64-220(f), and for promulgating rules pertaining to its content.
(5) Sales data – Required.
(i) The licensee must keep sales data, by product, on the percentage, dollar value, and number of units sold for each of the following products: loose tobacco, cigarettes, cigarillos, cigars, pipes, other smoking devices and accessories, hookahs and related products, electronic cigarettes, liquid nicotine products, and electronic cigarette accessories.
(ii) Such records shall be open for inspection, at all reasonable times, by the Commissioner or Comptroller or the Commissioner of Public Health or their respective designees or by any duly authorized member of the Department of Police, Department of Business Affairs and Consumer Protection, Department of Finance, or Department of Public Health.
(iii) The failure by a licensee or such licensee's agent to comply with this subsection (5) shall subject the licensee to the applicable penalty set forth in Section 4-64-900.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 8; Amend Coun. J. 4-18-18, p. 76348, § 10; Amend Coun. J. 1-18-23, p. 59711, § 1)