§ 123.03  LICENSE REQUIRED.
   (A)   It shall be unlawful to sell or offer for sale at retail, to give away, deliver or to keep with the intention of selling at retail, giving away or delivering tobacco products or smoking herbs within the city without having first obtained a "tobacco dealer's license" therefor pursuant to this section.  Such license shall be in addition to any other license required by this Code.
   (B)   Any person, firm, partnership, corporation, trust or other entity which provides or delivers tobacco vending machines by sale, lease, consignment or otherwise within the city shall be required to obtain a "tobacco vending machine dealer's license" pursuant to this section.  Any person, firm, partnership, corporation, trust or other entity which owns or which operates as lessee any premises on which a tobacco vending machine is installed or located shall obtain a tobacco dealer's license for such machine, provided that the same person, firm, partnership, corporation, trust or other entity shall not be required to obtain more than one tobacco dealer's license for a particular location and period of time.
   (C)   Application for an initial or renewal license hereunder shall be made in writing to the City Clerk on forms provided by the city.  The license fee for a license required under this section shall be $50, payable with the initial and each renewal application.  The license fee shall not be prorated for a part year.  Each license hereunder shall expire on April 30 following the date of issuance and shall be renewable by the licensee from year to year unless sooner revoked as hereinafter provided.  No license hereunder shall be transferable.
   (D)   The application for any license hereunder shall include:
      (1)   In the case of an individual applicant, the name, address, social security number, and date of birth of the applicant, and the business name, address, telephone number, and Illinois business tax number of the business at which tobacco products are intended to be sold or delivered;
      (2)   In the case of a partnership, corporation, trust or other entity applicant, the name, address, social security number, and date of birth of the applicant's owner, manager or other individual in control of the business premises, and the business name, address, telephone number, and Illinois business tax number of the business at which tobacco products are intended to be sold or delivered;
      (3)   In addition to the foregoing, in the case of applicants for a tobacco vending machine dealer's license, the location at the premises of each machine and the serial or other identification number of each machine at the premises sought to be licensed.
   (E)   The City Clerk shall forward a true copy of such application to the Director of Public Safety or his designee for review and investigation.  The police department shall report back to the City Clerk any record of violations of this chapter by the applicant.  Upon receipt of such report, the City Clerk shall include the application on the City Council's agenda for its next regular meeting occurring more than three calendar days later.  The license shall be issued only upon approval by the City Council.
   (F)   The tobacco dealer licensee shall post the license issued hereunder in a conspicuous place in plain view of customers in the licensee's premises.  In the case of vending machine dealer licensees, each tobacco vending machine will be issued a numbered sticker which must be affixed to the front of the machine.
(Ord. 7860, passed 10-1-96; Am. Ord. 8475, passed 4-4-06; Am. Ord. 9202, passed 5-7-19) Penalty, see § 123.99