(A) License required. No person shall sell or offer to sell any tobacco, tobacco products, tobacco-related devices, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices without first having obtained a license to do so from the city. 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.
(B) Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, electronic cigarettes, electronic delivery 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 Clerk shall forward the application to the Police Department. The Police Department will conduct an investigation and report the results to the City Clerk. Background investigations will be conducted only for applications submitted after the effective date of this chapter and for applications relating to a change in ownership of the licensed premises. The City Clerk will then forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Clerk determines an application 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 as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council approves the license, the City Clerk 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) Term. All licenses issued under this chapter shall be valid from July 1 to June 30.
(E) Revocation or suspension. Any license issued under this chapter may be revoked or suspended, subject to the process for violations in § 112.99.
(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) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible for licensing under this chapter.
(H) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise.
(I) Renewals. The renewal of a license issued under this chapter shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but not more than 60 days before the expiration of the current license.
(J) Issuance as privilege and not a right. The issuance of a license issued under this chapter represents a privilege and not an absolute right of the applicant and does not entitle the holder to an automatic renewal of the license.
(Ord. 2019-2, passed 5-28-2019)