(a) Required. No person shall sell, manufacture or distribute recreational smoking paraphernalia as defined in this chapter in or upon any premises in the City without first obtaining a license co-signed by the Mayor and Safety-Service Director. Application for said license shall be made in writing to the Mayor, which application shall set forth:
(1) The name under which the business is to be conducted;
(2) The location where the business is to be carried on;
(3) The name and address of any manager, adult supervisor, or other employee;
(4) The name, address and principal occupation of every person with an interest in the business. If the business is conducted by:
A. A sole proprietorship, the name, address and principal occupation of that individual;
B. An unincorporated association, the names, addresses and principal occupations of each officer;
C. A limited liability company, the names and addresses and principal occupations of all managers.
D. A corporation, the names and addresses and principal occupations of all officers.
The Mayor and Safety-Service Director shall not issue a license to any person, partnership, limited liability company, corporation or other entity if any of the persons with an interest in the business have been convicted of a violation of a Federal or State statute or of any local ordinance pertaining to drugs and/or controlled substances or other crime of moral turpitude within five years preceding the application.
Also, as a prerequisite to the issuance of such license, an inspection shall be made of the premises by the Building Inspector Division, the Fire Chief, the Chief of Police, and the Public Health Department, and approval must be had from each such agencies.
(b) Location and Restrictions.
(1) No license shall be granted to a person that will conduct its business at a location that is within 1,000 feet from the boundaries or a parcel of real estate that is a Residential Zone (R-1, R-2, R-3). Nor shall a license be granted to a person that will conduct its business at a location that is within 1,000 feet from a church, a state-licensed day care facility, public library, senior citizens center, multigenerational center, or a public or private elementary or high school. Provided further, that only one license shall be allowed per block face of City Street.
(2) The distance limitations in this section shall be measured in a straight line from the main public entrances of said premises, or from the lot lines of properties in residentially owned districts.
(c) License Fee; Transfer and Display.
(1) The license fee payable to the City at the time of application shall be five hundred dollars ($500.00). This fee, which shall be paid at the time of application, is not refundable in any case.
(2) Licenses issued under this section shall not be transferable to any other person, partnership, limited liability company, corporation or other entity and the business may be conducted only at the site for which the license is issued. This license must be so placed as to be made conspicuously visible.
(3) Any person who does not comply with the licensing requirements of this chapter, in addition to other penalties established, shall not be permitted to apply or reapply for a license for a period of 365 days from the date a violation of this chapter is discovered.
(d) Contents of License. Upon approval of the application required by this Section, the Mayor and Safety-Service Director shall issue a license and registration which shall contain the name and address of the licensee, the address of the site for which the license is issued, and such other information as the Mayor, in his discretion, may require.
(e) Regulations. The Mayor is authorized and empowered to establish, adopt, and enforce, or cause to be enforced such rules and regulations governing the issuance of the licenses required under this chapter as he or she may deem reasonable and necessary and not inconsistent with the provisions of this chapter. Such regulations shall be on file in the Mayor’s office.
(f) Revocation of License. The license may be suspended or revoked at any time by the Safety-Service Director on satisfactory proof that violation of the laws of the State, ordinances of the City, rules and regulations of this chapter occur on the premises.
(Ord. 7860-12. Passed 9-24-12.)