A. License Required: It is unlawful for any person, directly or indirectly, to keep for retail sale, sell at retail, or otherwise dispose of any tobacco in any form, unless a license therefor shall first be obtained from the city.
B. Moveable Place Of Business: No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this section.
C. License Display: All licenses shall be posted and displayed in plain view of the general public or the licensed premises. Each licensee shall post, in a prominent location, a city approved sign stating that it is illegal to sell tobacco, tobacco products and tobacco related devices to anyone under the age of eighteen (18) years, and that the possession and use of such items by minors is illegal under state law.
D. Vending Machines: It shall be unlawful for any person licensed under this section to allow the sale of tobacco, tobacco products or tobacco related devices by the means of a vending machine, unless minors are at all times prohibited from entering the licensed establishment.
E. Free Distribution Of Tobacco: No person licensed under this section shall distribute free samples of tobacco or tobacco related products, nor shall such licensed person distribute tobacco or tobacco related products in exchange for coupons or "proofs of purchase", or for any consideration other than money.
F. Free Distribution Of Tobacco Promotional Products Prohibited: No person licensed under this section shall distribute free items advertising or promoting the use or sale of tobacco or tobacco related products, or bearing the brand name or trademark of tobacco or tobacco related products, nor shall such licensed person distribute items advertising or promoting the use or sale of tobacco or tobacco related products or bearing the brand name or trademark of tobacco or tobacco related products in exchange for coupons or "proof of purchases", or for any consideration other than money.
G. Promotion Of Events Prohibited: No person licensed under this section shall promote the sale or use of tobacco or tobacco related products through the sponsorship of public events or sports teams.
H. Self-Service Sales Prohibited: No person licensed under this section shall permit the sale of tobacco or tobacco related products by means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco or tobacco related product, and whereby there is not a physical exchange of the tobacco or tobacco related product between the licensee and the licensee's employee and the customer.
I. Administrative Penalties:
1. Licensees: Any licensee found to have violated this section or whose employee shall have violated this section or state or federal laws relating to the sale and distribution of tobacco, shall be charged an administrative fine of one hundred dollars ($100.00) for the first violation of this section; two hundred fifty dollars ($250.00) for a second offense at the same licensed premises within a twenty four (24) month period; and five hundred dollars ($500.00) for a third or subsequent offense at the same location within a twenty four (24) month period. In addition, after the third offense, the license shall be suspended for not less than seven (7) days.
2. Other Individuals: An individual who is found to have violated this section, or state or federal laws relating to the sale and distribution of tobacco, shall be charged an administrative penalty of fifty dollars ($50.00). Failure by the individual to pay the administrative penalty may be cause for suspension or revocation of the license under which the tobacco was sold or distributed.
3. Misdemeanor: Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this section. (Ord. 102, 4th Series, eff. 1-1-1998)