(A) No person shall keep for retail sale, sell or offer to sell at retail, or otherwise dispense any tobacco, tobacco related device or electronic delivery device at any place in the city without first obtaining a license and paying a license fee.
(B) An application for a license to sell tobacco, tobacco related devices or electronic delivery devices shall be made on a form provided by the city. The application shall include, but is not limited to requiring the full name of the applicant, the applicant's residential and business address and telephone numbers, the name of the proposed license holder, the business location for which the license is sought, a copy of the educational materials the applicant intends to use to educate employees, and any other information required by the city. The completed application along with the license fee shall be submitted to the City Administrator or his or her designee for approval. If the City Administrator or designee determines that an application is incomplete, he or she shall return the application to the applicant with notice of the deficiencies.
(C) The City Administrator or his or her designee may either approve or deny the license, or may delay action for a reasonable period of time as is required to permit the city to complete any investigation of the application or the applicant deemed necessary. If approved, a license shall be issued to the applicant. If denied, a notice of denial shall be issued to the applicant at the business address provided on the application along with the reasons for the denial. The notice shall also inform the applicant of their right to appeal the Administrator's decision to the City Council. The appeal must be taken within 20 days after receipt of a notice of denial, and if so taken, the appeal shall be scheduled to be heard at a subsequent Council meeting. If a license is mistakenly issued or renewed to an applicant or license holder, it shall be revoked by the City Administrator upon the discovery that the person, applicant or license holder was ineligible for the license under this section.
(D) All licenses are issued for a period of one year. The license period is from January 1 to December 31. The initial license term will expire at the end of the calendar year during which the license was issued.
(F) All licenses issued under this section shall be valid only on the business premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Administrator or his or her designee.
(G) Every license shall be conspicuously posted at the place of business for which the license is issued, and shall be exhibited to any person upon request.
(H) The renewal of a license under this section shall be handled in the same manner as the original application. The request for renewal shall be made at least 30 but no more than 60 days before the expiration of the current license. The issuance of a license 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.
(I) No person shall be issued a license or renewal license to sell tobacco, tobacco related devices or electronic delivery devices unless an applicant or license holder has an approved program for instructing all employees at the business premises for which the license was issued in the legal requirements pertaining to the sale of tobacco, tobacco related devices or electronic delivery devices, including, but not limited to, reviewing the law on the sale of tobacco, tobacco related devices or electronic delivery devices, providing information on the health risks of using tobacco, and requiring employees to request identification from every customer. No license shall be issued or renewed unless the applicant or license holder has received training and instruction on the sale of tobacco, tobacco related devices or electronic delivery devices. The training shall include information that the sale of tobacco, tobacco related devices or electronic delivery devices to persons under the age of 21 is illegal, explain what proof of age is legally acceptable, and that a sale to person under the age of 21 can subject the applicant or license holder and their employees to both criminal and civil liability.
(J) The following shall be grounds for denying the issuance or renewal of a license under this section. The following list is not exhaustive or exclusive:
(1) The applicant is under the age of 21 years.
(2) The applicant has been convicted within the past five years of a violation of any provisions of this chapter or a violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco related devices, or electronic delivery devices.
(3) The applicant or license holder has had a license to sell tobacco, tobacco related devices, or electronic delivery devices revoked within the preceding 12 months of the date of application.
(4) The applicant fails to provide any information required on the city license application, or provides false or misleading information.
(5) The applicant or license holder has outstanding fines, penalties or property taxes owed to the city.
(Ord. 317, passed 9-21-20)