(a) The total number of tobacco retailer licenses within the City of Oxford shall be limited to one license for each 1,500 inhabitants of the City of Oxford. The calculation shall be rounded up to the nearest whole number.
(b) For the purposes of this section, the total inhabitant population of the City of Oxford shall be determined by the most current published population value available from the U.S. Census Bureau decennial census as of the date the license application is filed.
(c) No new tobacco retail license shall be issued if the existing number of tobacco retailer licenses equals or exceeds the total number of authorized tobacco retail licenses pursuant to this Section.
(d) Notwithstanding subsections 744.05 (a) and (c), a tobacco retailer operating lawfully on the date this chapter is adopted that would otherwise be eligible for a tobacco retailer license for the location for which a license is sought may receive or renew a license for that location so long as all of the following conditions are met:
(1) The license is obtained by February 1, 2025 and is renewed without lapse or permanent revocation (as opposed to temporary suspension);
(2) The tobacco retail establishment is not closed for business or otherwise suspends tobacco sales, whether voluntarily or due to license suspension for more than sixty (60) consecutive days; and
(3) The tobacco retailer does not substantially change the business premises or business operation. Examples of a substantial change to the business operation includes, but is not limited to:
A. The transferring of a location:
i. To a new Proprietor(s) in an Arm's Length Transaction; or
ii. For which a significant purpose is avoiding the effect of violations of this chapter; and
iii. The tobacco retailer retains the right to operate under other applicable laws.
(4) If the City of Oxford determines that a tobacco retailer has substantially changed the business premises or operation and the tobacco retailer disputes this determination, the tobacco retailer bears the burden of proving by a preponderance of evidence that such change(s) do not constitute a substantial change.
(Ord. 3778. Passed 10-15-24.)