A. License Required. No person or establishment shall sell or offer to sell any tobacco, tobacco products, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products without first having obtained a license to do so from the City of Columbus. 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.
B. Application. An application for a license to sell tobacco, tobacco product, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products shall be made on a form provided by the City Administrator. The fee shall accompany the application. The application shall be reviewed and action taken on it by either the City Administrator or City Administrator's designee. The application shall include:
1. Minnesota Worker’s Compensation Form.
2. Minnesota Tax Identification Number.
3. Legal status of the licensee (corporation, individual proprietorship, partnership, etc.).
4. Regardless of the type of licensee (corporation, individual proprietorship, partnership, etc.) the name and address of the individual locally responsible for the management of the establishment.
5. Any changes to the establishment over the licensing year including additional licenses obtained.
6. Complete and signed State of Minnesota Department of Revenue form “License Application to Make Retail Sales of Cigarette or Other Tobacco Products”.
7. Days and hours of operation.
8. Background investigation for new licensees.
9. Operational questions, including but not limited to, whether the applicant has any prior convictions related to tobacco, tobacco products or tobacco related devices and whether the applicant has previously had a licensed revoked within the preceding 12 months of the date of application.
C. Fee. The fees for licenses under this section shall be determined by the city council.
D. Action. The City Administrator or City Administrator's designee may either approve or deny the license or may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Administrator or City Administrator's designee denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision to the City Council.
E. License Term. All licenses shall expire on December 31 of the year in which the license is issued. The annual license fee will not be prorated.
F. Denial, revocation, or suspension. A license under this section may be denied, suspended, or revoked by the Council, after an investigation and public hearing where the licensee is granted the opportunity to be heard for one (1) or more of the following reasons:
1. Operation of the business in conflict with any provision of the city code of ordinances.
2. Operation of the business is in conflict with any health, fire, building, building maintenance, zoning, or any other appliable code or laws.
3. The applicant or licensee has failed to comply with one (1) or more provisions of this section or any statute, rule or ordinance pertaining to the sale of tobacco, tobacco products, or tobacco-related device.
4. The applicant has committed fraud, misrepresentation, or bribery in securing or renewing a license.
5. The owners of the premises license or to be licensed would not quality for a license under the terms of this section.
6. The applicant is under 21 years of age.
7. The applicant has been convicted within in the past (5) years of any violation of a Federal, State, or local law ordinance provisions, or other regulation relating to tobacco, tobacco products, or tobacco-related devices.
8. The applicant has had a license to sell tobacco, tobacco products, or tobacco-related devices revoked within the 12 months preceding the date of application.
9. The applicant is prohibited by Federal, State or other local law, ordinance or regulation from holding such a license.
[Section 4-903,added by Ord. No .22-06, effective August 4, 2022; amended by Ord. No. 23-08, effective August 31, 2023.]