(A) License required. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device, electronic delivery device, or nicotine or lobelia delivery product without first having obtained a license to do so from the city.
(B) Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices, electronic delivery device, or nicotine or lobelia delivery product 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 as necessary to complete any investigation of the application or the applicant it deems necessary. 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) Term. All licenses issued under this chapter shall be valid for one calendar year from the date of issue.
(E) Revocation or suspension. Any license issued under this chapter may be revoked or suspended as provided in § 114.99.
(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 to be licensed under this chapter.
(H) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
(I) 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.
(J) 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.
(K) Proximity to youth-oriented facilities. No license shall be granted to any person for any location that is within 300 feet of a school, playground, or youth-oriented facility, as measured by the shortest line between the space to be occupied by the proposed licensee and the occupied space of the school, playground, or youth-oriented facility, unless that person has been licensed to sell such licensed products in that location for at least one year before the date this section was enacted into law. For the purpose of this section, a YOUTH-ORIENTED FACILITY is defined to include any facility predominantly used by persons under the age of 21 or which primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of 21.
(L) Smoking prohibited. Smoking, including for the purposes of sampling tobacco and tobacco related products, shall not be permitted and no person shall smoke within the indoor area of any establishment licensed under this chapter, provided that this division shall not prevent providing or otherwise making available for sampling, testing, or instructional purposes, an electronic delivery device.
(Ord. 375, passed 1-11-16; Am. Ord. 416, passed 9-14-20) Penalty, see § 114.99