A. License Requirement: No person shall engage in the retail sale of tobacco products or operate a facility containing vending machines that dispense tobacco products unless the person is authorized to do so by a license issued pursuant to this chapter, or pursuant to title 3 of this code, or is an employee or agent of a person who has been issued a license. A separate license must be obtained for each point of sale maintained by the retailer. Licenses shall not be transferable and shall only be valid for that location set forth in the license. The license to sell tobacco products shall be displayed prominently at the point of sale for which it is issued.
B. License Administration: The mayor shall administer the licensing of retailers of tobacco products and shall approve or deny all applications for such licenses and shall further be authorized to fine, suspend and/or revoke existing licenses for any violations of this code, other ordinances, regulations or state law, including, but not limited to, failure to pay any tax when due.
C. License Application: An application for a tobacco retailer's license shall be filed in writing on a form provided by the village. Each application for a license shall contain the following:
1. The applicant's full name, the address and telephone number where the applicant is engaged in the business of the retail sale of tobacco products and the name, address and telephone number of the person authorized to receive notices issued pursuant to this chapter.
2. If the applicant is a corporation, the corporate name, address and telephone number of the principal place of business; the date and the state of incorporation; the corporate officers and the name, address and telephone number of the person authorized to receive notices issued pursuant to this chapter.
3. If the applicant is a partnership, the name, address and telephone number of the principal place of business; the names of all partners; the name, address and telephone number of the person authorized to receive notices issued pursuant to this chapter.
4. Any retailer whose license is revoked for violating this chapter shall be eligible to apply for reinstatement upon the expiration of the revocation period.
D. Licenses For Tobacco Product Vending Machines: The village shall issue an adhesive self-voiding license emblem to be placed at each retail location and on each licensed tobacco product vending machine. Each license emblem shall be coded to identify the retailer who has control over retail tobacco sales and/or each tobacco product vending machine. The license emblem shall bear the words: "LICENSED TOBACCO PRODUCT RETAILER/VENDING MACHINE". The license shall designate the period of time for which the license is valid and such other language as may be prescribed by the mayor and village council. A replacement license emblem will not be issued unless the application for such replacement emblem is accompanied by a police report of the incident in which the emblem to be replaced was lost, stolen or mutilated or unless the remnants of the emblem being replaced are submitted with the replacement application.
E. Conditions Of License:
1. Term: Every retailer's license shall be issued for an annual period beginning May 1 and ending April 30. Each license shall expire on the last day of the license year for which the license was issued.
2. Fee: The annual license fee for a retailer shall be as set out in section 3-5-1 of this code. The village administrator may, from time to time, raise inspection fees as necessary to cover administration and enforcement costs.
3. Transfer Prohibited: The transfer of any license issued hereunder is prohibited. Any such purported transfer is void. (Ord. O-03-14, 2-10-2014)