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(A) Except as provided herein, no person or business entity shall sell, dispense or give away any cigarette or tobacco product, cigarette paper or cigarette wrapper, through the use of a vending machine.
(B) Any tobacco vending machine in use on or after the effective date of this chapter shall be removed on or before January 2, 1994. A limited use extension may be granted, subject to subsection (C) of this section.
(C) Within thirty (30) days after the effective date of this chapter, any person, who purchased a tobacco vending machine for the purpose of selling or distributing tobacco products exclusively within the city and who has not or will not have recovered his, her or its investment therein by January 2, 1994, may apply to the director for a use extension based on financial hardship. A use extension shall be granted if the director makes the following findings:
1. That the tobacco vending machine owner has not or will not have recovered his, her or its investment therein before January 2, 1994.
2. That the tobacco vending machine owner has no other reasonable method to recover the investment in the tobacco vending machine other than its continued use within the city as a tobacco vending machine.
3. The tobacco vending machine owner shall bear the burden of proof on each issue. The director shall issue a written decision and notice within sixty (60) days after submittal of the application by the owner. The director shall state the last date of operation of the vending machine. A copy of the notice shall be posted on the tobacco vending machine in plain view by the owner.
4. The length of the use extension of the tobacco vending machine shall not exceed the time period estimated to allow recovery of the owner's investment, and in no case, will the use extension exceed a time period of one year.
(D) Any applicant aggrieved by the decision of the director pursuant to subsection (B) or (C) of this section may appeal the decision to the city council by filing a written notice of appeal with the city council within ten (10) days after the date of the director's written decision.
The notice of appeal shall contain a brief statement of the grounds for the appeal. The city council, or its authorized agent, shall review the application and the notice of appeal, and may, by written decision, confirm or modify the determination of the director. The decision of the city council shall be final. (Ord. 1501, 5-11-1993)