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No license shall be issued under this chapter until the appropriate license fees are paid in full. No license shall be renewed if the retail establishment has outstanding fines pursuant to this chapter. The fee for a license or renewal shall be four hundred dollars ($400.00).
(Ord. 2022-071. Passed 7-20-22.)
(a) No person shall sell or offer to sell any licensed product by means of delivery sales. All sales of licensed products must be conducted in person, in a licensed retail establishment, in over-the-counter sales transactions.
(b) Legal Age. No person shall sell any licensed product to any person under the age of twenty-one (21).
(1) Age verification. Licensees must verify by means of government-issued photographic identification containing the bearer's date of birth that the purchaser is at least twenty-one (21) years of age. Verification is not required for a person over the age of thirty (30). That the person appeared to be thirty (30) years of age or older does not constitute a defense to a violation of this subsection.
(2) Signage. Notice of the legal sales age, age verification requirement, and possible penalties for underage sales must be posted within six (6) feet of each cash register or place where payment may be made in a place conspicuous to both employees and customers and where the sign(s) are unobstructed in their entirety. The sign shall state, "The sale or provision of tobacco products to an individual under twenty-one (21) years of age is prohibited by law." The sign required shall be five and one-half (5 ½) inches by eight and one-half (8 ½) inches and the statement required shall be printed in thirty-six (36)-point boldfaced type. The required signage, which will be provided to the licensee by the Kent Health Commissioner.
(c) No person shall sell or offer to sell any licensed product in any manner or form prohibited by federal, state, or other local law, ordinance provision, or other regulation.
(d) Any retail establishment found to be selling licensed product without a license required under Section 771.02 shall be issued a No Sales Order for Tobacco Products and be ineligible to receive a retail establishment license for a period of three (3) years.
(Ord. 2022-071. Passed 7-20-22.)
All licensed premises must be open to inspection by Kent City Health Department inspectors or other authorized designees during regular business hours. The retail establishment shall be subject to two (2) the compliance checks per year by the Kent City Health Department Inspectors. Compliance checks may include the participation of a person at least eighteen (18) years of age, but under the age of twenty-one (21), to enter the licensed premises to attempt to purchase licensed products. Unannounced follow-up compliance checks of all non-compliant retail establishments are required within three (3) months of any violation of this chapter. The results of all compliance checks shall be published by the Kent City Health Department at least annually and made available to the public upon request.
(Ord. 2022-071. Passed 7-20-22.)
If the Kent Health Commissioner denies the issuance of a license, or suspends or revokes a license, or issues a citation with or without civil penalty for violating this Chapter, the Health Commissioner shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. Upon receipt of written notice of the denial, suspension, or revocation, the licensee subject to license denial or revocation or citation and civil fine shall have the right to appeal to the Board of Health. An appeal must be filed within thirty (30) days after the receipt of notice of the decision. The appellant shall bear the burden of proof.
(Ord. 2022-071. Passed 7-20-22.)
(a) Any retail establishment cited for violating this chapter of the Kent Codified Ordinances, or whose employee has violated this chapter of the Kent Codified Ordinances, the retail establishment will be charged a civil fine of three hundred dollars ($300.00) for a first violation. A second violation at the same retail establishment licensed premises within a thirty- six (36)-month period will result in a penalty of six hundred dollars ($600.00), and the Kent Health Commissioner shall suspend the retail establishment licensee's license for a period of not less than thirty (30) and not more than sixty (60) consecutive days. A third violation at the same retail establishment's licensed premises within a thirty-six (36)-month period will result in a penalty of one thousand dollars ($1,000), and the Kent Health Commissioner shall suspend of the retail establishment's license for a period of not less than thirty (30) consecutive days, and in the exercise of their discretion, the Kent Health Commissioner may revoke the retail establishment's license. Upon a fourth violation within a thirty-six (36)-month period, the retail establishment's license will be revoked.
(b) License fees and civil fines collected under this Chapter shall be used to fund tobacco retail licensure compliance and enforcement measures. Such funds may also be designated for other tobacco control, prevention, and education programs as determined by the Kent City Health Department.
(Ord. 2022-071. Passed 7-20-22.)