625.000. Purpose.

The city finds that: smoking causes premature death, disability and chronic diseases, including cancer, heart disease and lung disease; smoking-related diseases result in excess medical care costs; and smoking initiation occurs primarily in adolescence. The city desires to prevent young people from starting to smoke, to encourage and assist smokers to quit, and to promote clean indoor air through the adoption of tobacco licensing regulations.

(Adopted by Ord. No. 2018-13, effective Jan. 1, 2019)

625.005. Definitions.

The following words and terms when used in this section have the following meanings unless the context clearly indicates otherwise.

1.   "Electronic delivery device" means any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery device includes but is not limited to devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.

2.   "Exclusive tobacco store" means a place of business that is primarily dedicated to the sale of tobacco or tobacco-related devices or products.

3.   “Movable place of business” means a retail business whose physical location is not permanent or is capable of being moved or changed, including, but not limited to, any retail business that is operated from a kiosk, other transportable structure, or a motorized or nonmotorized vehicle.

4.   "Nicotine or lobelia delivery product" means a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not a tobacco or electronic delivery device.

5.   “Person” includes natural persons, partnerships, firms, corporations and associations.

6.   “Self-service merchandising” means a method of displaying tobacco-related products so that they are accessible to the public without the intervention of an employee of the license.

7.   “Tobacco” means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to, cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; fine cut and other chewing tobaccos; snuff; snuff flour; cavendish; plug and twist tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.

8.   "Tobacco-related devices" means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately.

9.   "Tobacco-related products" includes tobacco, tobacco-related devices, electronic delivery devices and nicotine and lobelia delivery products.

(Amended by Ord. No. 2010-14, adopted September 13, 2010; Amended by Ord. No. 2014-27; adopted December 15, 2014; Amended by Ord. No. 2020-20, adopted November 9, 2020; Amended by Ord. No. 2022-10, effective September 17, 2022)

625.010. License Required.

No person shall, sell or offer to sell at retail, dispense, or give away in a retail setting any tobacco related product at any place in the city, without first obtaining a license from the city.

(Amended by Ord. No. 2018-14, effective Jan. 1, 2019)

625.015. Application and Issuance.

Application for a new license or license renewal must be made to the community development director on a form supplied by the city. The application must state the full name of the applicant, the location of the building and the part intended to be used by the applicant under the license, the kind of business conducted at the location, and the other information as required by the application form. The community development director has the authority to determine whether or not a license will be issued or renewed. An applicant may appeal the director's decision to the city council by submitting a written request to the city clerk within 10 days after the decision. A license may be denied or, if the license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license, for the following reasons:

1.   the applicant is under the ages of 18 years;

2.   the applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco-related products;

3.   the applicant has had a license to sell tobacco-related products revoked within the preceding twelve months of the date of application;

4.   the applicant fails to provide any information required on the application, or provides false or misleading information; or

5.   The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license.

(Amended by Ord. No. 2018-14; effective Jan. 1, 2019)

625.020. Fees, Duration.

The application must be accompanied by the required license fee specified in section 710. Licenses are valid for a one year period or part thereof and expire on December 31.