3-6-3: LICENSE REQUIRED:
No person shall keep for retail sale, sell at retail or otherwise dispense any tobacco product at any place in the city without first obtaining a license and paying a license fee. (Ord. 777, sec. 1, 12-20-2004; amd. Ord. 870, 9-20-2010)
   A.   Application: An application for a license to sell tobacco, tobacco products, or tobacco related devices including electronic delivery devices and e-cigarettes shall be made on a form provided by the city. The application shall include, but is not limited to, requiring the full name of the applicant, the applicant's residential and business address and telephone numbers, the name of the proposed license holder, and the business location for which the license is sought. The completed application along with the investigation and application fees shall be submitted to the city administrator or designee for approval. If the city administrator or designee determines that an application is incomplete, he or she shall return the application to the applicant with notice of the deficiencies. (Ord. 944, 7-6-2015)
   B.   Action: The city administrator or designee may either approve or deny the license, or may delay action for such reasonable period of time to permit the city to complete any investigation of the application or the applicant deemed necessary. If the city administrator or designee approves the license, a license shall be issued to the applicant. If the city administrator or designee denies the application, a notice of denial shall be sent to the applicant at the business address provided on the application along with the reasons for the denial. The notice shall also inform the applicant of their right to appeal the city administrator's or designee's decision to the council pursuant to the process set forth in section 3-6-8 of this chapter. If a license is mistakenly issued or renewed to an applicant or license holder, it shall be revoked by the city administrator or designee upon the discovery that the person, applicant or license holder was ineligible for the license under this section. (Ord. 777, sec. 1, 12-20-2004)
   C.   Term: Effective January 1, 2014, all licenses are issued for a period of one year. All licenses shall expire on December 31. (Ord. 907, 5-20-2013)
   D.   Revocation Or Suspension: Any license issued under this section may be revoked or suspended as provided in the violations section of this chapter pursuant to the process set forth in section 3-6-8 of this chapter.
   E.   Transfers: All licenses issued under this section shall be valid only on the business 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.
   F.   Display: Every license shall be conspicuously posted at the place of business for which the license is issued and shall be exhibited to any person upon request.
   G.   Renewals: The renewal of a license under this section shall be handled in the same manner as the original application. The request for renewal shall be made at least thirty (30) days but no more than sixty (60) days before the expiration of the current license. The issuance of a license under this chapter 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. (Ord. 777, sec. 1, 12-20-2004)
   H.   Instructional Program: (Rep. by Ord. 944, 7-6-2015)
   I.   Denials: The issuance or renewal of a license under this section may be denied for cause including:
      1.   The applicant is an underage person.
      2.   The applicant has been convicted within the past five (5) years of a violation of any provisions of this chapter or a violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or related tobacco devices.
      3.   The applicant has been convicted within the past five (5) years of possession of narcotics or drug paraphernalia.
      4.   The applicant or license holder has had a license to sell tobacco, tobacco products or tobacco related devices revoked within the preceding twelve (12) months of the date of application.
      5.   The applicant fails to provide any information required on the city license application, or provides false or misleading information.
      6.   The applicant or license holder has outstanding fines, penalties or property taxes owed to the city.
   J.   Compliance Checks: All licensed premises shall be open to inspection by the City Police or other authorized City officials during regular business hours.
      1.   Annual Compliance Checks: From time to time, but at least once per year, the City shall conduct compliance checks. Such compliance checks may involve, but are not limited to, engaging underage persons to enter the licensed premises to attempt to purchase tobacco, tobacco products, or tobacco related devices.
   2.   Underage persons: An underage person who purchases or attempts to purchase tobacco as a part of a compliance check shall not be deemed to be in unlawful possession of tobacco. No underage person used in compliance checks shall attempt to use a false identification misrepresenting the underage person’s age, and all underage persons lawfully engaged in a compliance check shall truthfully answer all questions about the underage person’s age asked by the licensee or his or her employee and shall produce any identification for which he or she is asked.
(Ord. 777, sec. 1, 12-20-2004; amd. Ord. 870, 9-20-2010; Ord. 907, 5-20-2013; Ord. 944, 7-6-2015; Ord. 1025, 3-2-2020)