(A) 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.
(1) 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 Clerk/Administrator shall forward the application to the Council for action at its next regularly scheduled council meeting. If the Clerk/Administrator shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete.
(2) The Council may either approve or deny the license, or it may delay action for the reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the Council shall approve the license, the Clerk/Administrator shall issue the license to the applicant. If the 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 Council's decision.
(3) All licenses issued under this chapter shall expire on December 31 of the year of issuance.
(4) Any license issued under this chapter may be revoked or suspended as provided herein.
No transfer of any license to another location or person shall be valid without the prior approval of the Council.
(6) No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this chapter.
(7) All licenses shall be posted and displayed in plain view of the general public on the licensed premise.
(8) 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 30 days but no more than 60 days before the expiration of the current license. The issuance of a license issued 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.
(B) No license shall be issued under this chapter until the appropriate license fee shall be paid in full. License fees shall be set by the City Council by resolution. License fees may not be prorated.
(Ord. 101, passed 2-26-1998)