No person shall sell or offer to sell any licensed products without first having obtained a license to do so from the city.
(A) Application. An application for a license to sell licensed products 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. The application shall also contain proof of completion provided at the end of the "Stop Sales to Minors" online training offered by The Association for Nonsmokers-Minnesota at http://www.stopsalestominors.org. Upon receipt of a completed application, the City Clerk shall forward the application to the Council for action at its next regularly scheduled Council meeting. If the Clerk 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.
(B) Action. The 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 Council shall approve the license, the Clerk shall issue the license to the applicant. If the 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 Council's decision.
(C) Term. All licenses issued under this section shall be valid on a calendar year basis from January 1 to December 31 of each year. Each license issued shall expire on December 31 of the calendar year unless sooner revoked by the city or unless the business with respect to which the license was issued is transferred. In either case, the holder of the license shall immediately surrender it to the City Council or designee. In the event of an application made on the mid-year basis, the Council may direct that the fee provided therefore is hereinafter noted be prorated with the initial license period to run from the date of approval to December 31 of the year in which approved. Any subsequent or renewal license shall thereafter be from January 1 through December 31.
(D) Revocation or suspension. Any license issued under this section may be revoked or suspended.
(E) Transfers. All licenses issued under this section shall be valid only on the premises for which the license was issued and only for that person to whom the license was issued. No transfer of any license to another location or person shall be valid only with prior approval of the Council.
(F) Movable place of business. No license shall be issued to a movable place of business. Only fixed location businesses shall be eligible to be licensed under this section.
(G) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
(H) Renewals.
(1) The renewal of a license issued under this section shall be handled in the same manner as the original application.
(2) 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.
(3) Renewal applications must include proof that the applicant completed the "Stop Sales to Minors" online training referenced in division (A) of this section no more than 60 days before the expiration of the current license. The request for renewal shall be made at least 30 days, but no more than 60 days before the expiration of the current license.
(4) Holders of existing licenses shall not be entitled to automatic renewal of the license but must apply for a new license unless otherwise directed by Council.
(I) Issuance as a privilege and not a right. The issuance of a license issued under this section 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.
(J) Proximity to youth-oriented facilities. No license will be granted to any person for a retail establishment location that is within 500 feet of a youth-oriented facility, as measured by the shortest line from the property line of the space to be occupied by the proposed licensee to the nearest property line of a youth-oriented facility without first obtaining approval from the City Council. This restriction does not apply to an existing license holder who has been licensed to sell licensed products in that same location for at least one year before the date this section was enacted into law.
(K) Smoking prohibited. Smoking, including smoking for the purpose of the sampling of licensed products, is prohibited within the indoor area of any retail establishment licensed under this section.
(L) Samples prohibited. No person shall distribute samples of any licensed product free of charge or at a nominal cost. The distribution of licensed products as a free donation is prohibited.
(2003 Code, § 6.35-3) (Ord. 80, passed 10-29-1998; Ord. 196, passed 8-5-2019; Ord. 219, passed 8-21-2023) Penalty, see §
10.99