Tobacco dealer's license for the retail sale of tobacco products shall be divided into the following classes:
(A) Class T-1.
(1) Class T-1 shall authorize the retail sale of tobacco products, including alternative nicotine products or vapor products. This class shall apply to a retail establishment that does not meet the definition of a tobacco shop. The annual license fee for a Class T-1 tobacco dealer's license shall be $50.
(2) Class T-1 shall not display, offer for sale, or sell bongs, pipes, glass tubes, or any other devices or instrument, excluding rolling papers, to smoke, vape, or ingest cannabis or tobacco.
(3) All tobacco products including alternative nicotine products or vapor products shall be maintained behind the sales counter or a separate department or section.
(B) Class T-2.
(1) Class T-2 shall authorize the retail sale of tobacco products including alternative nicotine products or vapor products at a tobacco shop. A tobacco shop shall mean when more than 20% of an establishment's gross revenue comes from the sale of pre-packaged smoking and tobacco products, alternative nicotine products, vapor products, related products and accessories, and in which the sale of other products is merely incidental. A tobacco shop does not include a large retail establishment with a separate section or department to tobacco products, gas stations, or any establishment with any type of liquor or restaurant license. Any retail establishment selling tobacco products shall be presumed to be a tobacco shop unless exempted from the definition of a tobacco shop. A retail establishment with a tobacco dealer's license exempted from the definition of a tobacco shop due to the percentage of tobacco sales must provide sufficient proof to the Mayor indicating the sale of tobacco products, alternative nicotine products, vapor products, related products and accessories to be under 20% of the gross general revenue at least 30 days prior to the issuance of a new tobacco license or 30 days prior the renewal of a tobacco license. All new tobacco dealer licensee shall be considered a tobacco shop under Class T-2 unless exempted from the definition of a tobacco shop. The annual license fee for a Class T-2 tobacco dealer's license shall be $100.
(2) Class T-2 tobacco shop shall not allow any person under the age of 21 years of age to enter the licensed retail establishment unless accompanied by a parent or a legal guardian.
(3) Class T-2 tobacco shop shall be allowed to sell or offer for sale items such as bongs, pipes, glass tubes, or any other devices or instruments to smoke, vape, ingest cannabis or tobacco, but these items shall not be displayed or maintained prominently within view of the front doors and windows of the retail establishment.
(4) Class T-2 tobacco shop shall limit the advertisement of tobacco products to not more than 50% of the store's storefront windows or doors.
(C) Class T-3.
(1) Class T-3 shall authorize shall authorize the retail sale of tobacco products including alternative nicotine products or vapor products at a smoke shop as defined by Chapter 156. The annual license fee for a Class T-3 tobacco dealer's license shall be $50.
(2) Class T-3 smoke shop shall not allow any person under the age of 21 years of age to enter the licensed retail establishment unless accompanied by a parent or a legal guardian.
(3) Class T-3 smoke shop shall be allowed to sell or offer for sale items such as bongs, pipes, glass tubes, or any other devices or instruments to smoke, vape, or ingest cannabis or tobacco, but these items shall not be displayed or maintained prominently within view of the front doors and windows of the retail establishment.
(Ord. 97-052, passed 3-26-97; Am. Ord. 24-024, passed 10-2-24)