(A) License required. No person shall sell or offer to sell any tobacco, tobacco-related device, electronic delivery device or nicotine or lobelia delivery product without first having obtained a license to do so from the city.
(B) Application. An application for a license to sell shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant’s residential and business addresses and telephone numbers, the name of the business for which the license is sought and any additional information the city deems necessary. Upon receipt of a completed application, the City Administrator shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Administrator shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete.
(C) Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Administrator shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal the City Council’s decision.
(D) Term. All licenses issued shall be valid for one calendar year from the date of issue.
(E) Revocation or suspension. Any license issued may be revoked or suspended.
(F) Transfers. All licenses issued 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.
(G) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed.
(H) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
(I) Renewals. The renewal of a license issued under this chapter shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days, but no more than 60 days, before the expiration of the current license.
(J) Issuance as privilege and not a right. The issuance of a license issued under this chapter 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.
(K) Smoking prohibited. Use of any licensed product shall not be permitted and no person shall smoke or use any licensed product within the indoor area of any establishment licensed under this chapter. Smoking for the purposes of sampling licensed products is prohibited.
(2002 Code, § 4.14) (Ord. 75, Fourth Series, effective 7-1-1995; Ord. 90, Sixth Series, effective 3-12-2009; Ord. 41, Seventh Series, effective 5-9-2016) Penalty, see § 111.99