(A) Prohibition. No person shall sell or offer to sell any tobacco, tobacco products or tobacco-related device without first having obtained a license to do so from the city.
(B) Application. An application for a license to sell tobacco, tobacco products or tobacco-related devices 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 shall determine whether the applicant is eligible for a license and then forward the application to the City Council for action at its next regularly scheduled Council meeting. If the city shall determine that an application is incomplete, it 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 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 decision.
(D) Term. The term of all licenses issued hereunder shall be from January 1 to the following December 31 or any part thereof.
(F) Transfers. All licenses issued under this subchapter 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 without the prior approval of the City Council.
(G) Moveable place of business. No license shall be issued to a movable place of business. Only a fixed location business shall be eligible to be licensed under this subchapter.
(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 section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 20 days, but no more than 60 days, before the expiration of the current license. The issuance of a license issued under this subchapter 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.
(2004 Code, § 113.03) (Ord. 98-220, passed 4-14-1998)