(a) License Required. No person, tobacco retailer, or tobacco retail establishment shall sell or offer to sell any tobacco product, whether by arm's length transactions or through vending machine sales, without first having obtained a license from Lorain County Public Health, the Lorain County Health Commissioner, or an authorized designee of Lorain County Public Health.
(b) Application. An application for a license to sell tobacco products must be made on a form provided by Lorain County Public Health, or another designee. The application must 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 Lorain County Public Health, or another designee, deems necessary. If Lorain County Public Health, the Lorain County Health Commissioner, or a specified designee determines that an application is incomplete, the application will be returned to the applicant with notice of the deficiency and the requisite information necessary to make the application complete.
(c) Term. The license term is one calendar year, beginning on March 1. In cases of applications for a new license submitted after March 1 of a given year and more than sixty (60) days before the following March 1, the Health Commissioner or the designee may issue a license for the remainder of the standard term period, but such license term will only extend to the following last day of February. The license fee remains the same regardless of the time of application. The license fee will not be prorated no matter the date an application is filed during the standard term period.
(d) Violation, Suspension, or Revocation. Any license issued may be suspended or revoked following the procedures set forth in this Chapter.
A tobacco retailer or retail establishment that violates any provision of this ordinance, or any other federal, state, or local law relating to tobacco product sales, shall be subject to the penalties prescribed in this Chapter and pursuant to Section 537.16 of the Lorain Code of Ordinances pertaining to the illegal distribution and sale of tobacco products. These penalties include civil fines and/or the prohibition of the sale of tobacco products.
A violation of other federal, state, and/or local laws relating to tobacco product sales shall be included in the determination and accrual of violations against a tobacco retail establishment's license as proscribed in this Chapter.
(e) Transfers.
(1) Including but not limited to Sections 780.03, 780.05, and 780.06, a licensee may assign such license to a third party, or permit a third party to assume such license in connection with an Arm's Length Transaction of the Licensee's business operations, whether by acquisition of all assets or merger or otherwise.
(2) In addition, Licensees may not assign or transfer the license granted to it, directly, or indirectly, whether voluntarily or involuntarily or by operation of law without the written consent of the Safety/Service Director of the City of Lorain, which shall not be unreasonably conditioned, delayed or withheld and upon confirmation that the Assignee does not meet any of the criteria of Section 780.03(a). Notice of the licensee's requested transfer shall also be sent in writing to the Lorain County Public Health, or another designee, at the time the requested transfer is made to the City of Lorain Safety/Service Director.
(f) Display. All tobacco retail licenses must be posted and displayed at all times in plain view of the general public or clientele of the tobacco retail establishment.
(g) Renewals. The renewal of a license issued under this ordinance shall be handled in the same manner as the original application. The request for a renewal must be made at least thirty (30) days, but no more than sixty (60) days, before the expiration of the current license on the last day of February.
(h) Issuance as Privilege and Not a Right. The issuance of a license is a privilege and does not entitle the license holder to an automatic renewal of the license.
(i) Instructional Program. Licensees must complete and ensure that all employees complete a training program on the legal requirements related to the sale of tobacco products and the possible consequences of license violations. Any training program must be pre-approved by Lorain County Public Health, the Lorain County Health Commissioner or its designee; shall include information that the sale of tobacco products to persons under twenty-one (21) years of age is illegal; the types of identification legally acceptable for proof of age; and that sales to persons under twenty-one (21) years of age shall subject the tobacco retailer and/or retail establishment to penalties. Licensees must maintain documentation demonstrating their compliance and must provide this documentation to Lorain County Public Health, or another designee, at the time of renewal, or whenever requested to do so during the license term.
(Ord. 233-23. Passed 11-6-23.)