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(A) License required. No person shall sell or offer to sell any tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices without first having obtained a license to do so from the city.
(B) Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery 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 Manager shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Manager 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.
(C) Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time it deems necessary to complete any investigation of the application or the applicant. If the City Council shall approve the license, the City Manager shall issue the license to the applicant. If the City 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 City Council's decision.
(D) Duration of license. Unless otherwise specified, a license shall be valid for a year or the part of the year for which it is issued, and shall expire on June 30.
(E) Revocation or suspension. Any license issued under this chapter may be revoked or suspended as provided in § 118.99.
(F) Transfers. All licenses issued under this chapter shall be valid only on the 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 Council.
(G) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise.
(H) Renewals. 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.
(I) Issuance as privilege and not a right. 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.
(J) Smoking. Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a retail tobacco license. Smoking for the purposes of sampling tobacco, tobacco-related products, or nicotine or lobelia delivery devices is prohibited.
(Am. Ord. 720, passed 1-3-13; Am. Ord. 747, passed 1-19-2016) Penalty, see § 118.99