(A) License requirement. No person shall engage in the retail sale of tobacco products or operate a facility containing vending machines that dispense tobacco products unless the person is authorized to do so by a license issued pursuant to this chapter, or is an employee or agent of a person who has been issued a license pursuant to this chapter. A separate license must be obtained for each point of sale maintained by the retailer. The license to sell tobacco products shall be displayed prominently at the point of sale for which it is issued.
(B) License administration. The Village President, or his or her designee, shall administer the licensing of retailers of tobacco products and shall approve or deny all applications for licenses and revoke existing licenses pursuant to this chapter.
(C) License - application.
(1) An application for a tobacco retailer’s license shall be filed in writing with the Village Clerk, or his or her designee, on a form provided by the village. Each application for a license shall contain the following:
(a) The applicant’s full name, the address and telephone number where the applicant is engaged in the business of the retail sale of tobacco products and the name, address and telephone number of the person authorized to receive notices issued pursuant to this chapter;
(b) If the applicant is a corporation, the corporate name, the address and telephone number of the principal place of business; the date and state of incorporation; the names of the corporate officers and the name, address and telephone number of the person authorized to receive notices issued pursuant to this chapter; and
(c) If the applicant is a partnership, the name, address and telephone number of the principal place of business; the names of all partners; the name, address and telephone number of a person authorized to receive notices issued pursuant to the chapter.
(2) Any retailer whose license is revoked for violating this chapter shall be prohibited from obtaining a tobacco retailer’s license for one year.
(D) License - term. Every retailer’s license shall be issued for an annual period beginning January 1 and ending December 31. Each license shall expire on the last day of the license year for which the license was issued.
(E) License - fee. The annual license fee for a retailer shall be $125 per license. If a licensee operates more than one vending machine at the same premises, the licensee shall pay the annual license fee of $125 for the first vending machine license and $25 for each additional vending machine license.
(F) License - transfer prohibited. The transfer of any license issue hereunder is prohibited. Any such purported transfer is void.
(G) Number of licenses. There shall not be more than three licenses for retail tobacco stores as defined by § 96.15 of the village code issued or in effect at any one time. This limit shall not apply to retailers that do not qualify as retail tobacco stores.
(2000 Code, § 120.04) (Ord. 1721, passed 12-7-1998; Ord. 1826, passed 10-15-2001; Ord. 4454, passed 6-21-2021) Penalty, see § 119.99
Cross-reference:
License required for vending machines, see § 118.01