§ 123.04  PERFORMANCE STANDARDS; DEEMED APPROVED ACTIVITIES.
   An activity shall retain its deemed approved status only if it conforms to all of the following deemed approved performance standards:
   (A)   That the tobacco and e-cigarette retailer shall not offer for sale illegal paraphernalia. The offering of sale of such shall result in immediate suspension of a tobacco and e-cigarette license;
   (B)   That the tobacco and e-cigarette retailer does not sell tobacco or e-cigarette products to underage minors pursuant to state and federal laws;
   (C)   That the tobacco and e-cigarette retailer does not adversely affect the peace, or safety of persons residing or working in the surrounding area;
   (D)   That it does not result in repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, harassment of passersby, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, curfew violations, or police detentions and arrests;
   (E)   That it does not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance or statute;
   (F)   That its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of the surrounding neighborhood.
(Ord. 2015-018, passed 11-24-15)