As used in this section:
COMMUNITY LOCATION: Means:
A. A public or private kindergarten, elementary, middle, junior high, or high school;
B. A licensed child-care facility or preschool;
C. A trade or technical school;
D. A church;
E. A public library;
F. A public playground;
G. A public park;
H. A youth center, or other space used primarily for youth oriented activities;
I. A public recreational facility.
RETAIL TOBACCO SPECIALTY BUSINESS: Means a commercial establishment in which:
A. The sale of tobacco products accounts for more than thirty five percent (35%) of the total annual gross receipts for the establishment;
B. Food and beverage products, excluding gasoline sales, is less than forty five percent (45%) of the total annual gross receipts for the establishment; and
C. The establishment is not licensed as a pharmacy under the Pharmacy Practice Act.
TOBACCO PRODUCT: Means:
A. Any cigar, cigarette, or electronic cigarette;
B. A tobacco product including: chewing tobacco or any substitute for a tobacco product, including flavoring or additives to tobacco; and tobacco paraphernalia. (Ord. 2017-07, 5-17-2017)
A. An entity requesting to operate a tobacco specialty business shall be licensed as a tobacco specialty business. To obtain such a license the entity requesting such license may not be located within:
1. One thousand feet (1,000') of community location;
2. Six hundred feet (600') of another retail tobacco specialty business; or
3. Six hundred feet (600') from property used or zoned for:
a. Agricultural use; or
b. Residential use.
B. For purposes of measurement requirements, the property shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of the community location, or agricultural use, without regard to intervening structures or zoning districts. (Ord. 2017-07, 5-17-2017)
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