CHAPTER 116: TOBACCO
Section
   116.01   Definitions
   116.02   License required
   116.03   Processing of application
   116.04   Reasons for rejection of license application
   116.05   License fee
   116.06   Non-transferability of license
   116.07   Prohibited sales
   116.08   Minimum age to sell tobacco products
   116.09   Vending machines
   116.10   Vendor-assisted sales
   116.11   Responsibility for agents and employees
   116.12   Inspection
   116.13   Administration
   116.14   Complaints
   116.15   Hearings
 
   116.99   Penalty
§ 116.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMPLIANCE CHECK. An inspection conducted with the intention of assessing retail sales of tobacco products to minors and enforcing age-of-sales laws. COMPLIANCE CHECKS are conducted by having designated persons under the age of 18 years of age attempt to purchase tobacco products from vendors.
   LICENSE. A license issued by the village for the retail sale of tobacco products.
   LICENSEE. The holder of a valid license for the retail sale of tobacco products.
   MINOR. Any person under the age of 18 years of age.
   PUBLIC PLACE. An area to which the public is invited or in which the public is permitted, including, but not limited to, any right-of-way, mall or shopping center, park, playground and any other property owned by the village, any school district, library district or any park district.
   SELF-SERVICE DISPLAYS. Open displays of tobacco products and point-of-sale tobacco promotional products that the public has access to without intervention of a store employee.
   TOBACCO PRODUCTS. Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
   VENDING MACHINE. Any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any form of payment, dispenses tobacco products.
(Prior Code, § 117.001) (Ord. 2008-018, passed 6-2-2008)
§ 116.02 LICENSE REQUIRED.
   (A)   It shall be unlawful to sell or offer for sale at retail tobacco products or to have or permit a vending machine from which tobacco is sold or offered for sale on any premises within the village, without having first obtained a valid tobacco retailer’s license from the village for each location in which tobacco products are sold. Licenses shall be non-refundable and shall be issued on July 1 and shall be valid through the following June 30.
   (B)   If, at the time application is made for a license required by this chapter, less than six months of the current license year shall have expired, the full fee shall be charged. If more than six months of such current year shall have expired, a license fee of one-half of the full fee shall be charged for such portion of the current license year that shall remain unexpired.
(Prior Code, § 117.002) (Ord. 2008-018, passed 6-2-2008) Penalty, see § 116.99
§ 116.03 PROCESSING OF APPLICATION.
   (A)   The application shall be on a form designed by the Tobacco Official. The Tobacco Official shall receive the application, review it for completeness and, in his or her discretion, refer it to the Chief of Police for a background check and physical inspection of the applicant’s premises. If the Tobacco Official refers the application to the Chief of Police, the Chief shall render a report to the Tobacco Official within five working days. The Tobacco Official shall grant or reject a license application within ten working days.
   (B)   By applying for a license, an applicant consents to the Police Department performing a background check and the background check may extend to all officers, directors and persons with more than a 5% ownership interest. The applicant also consents to the Police Department making a physical inspection of the premises upon which the applicant intends to sell tobacco products.
(Prior Code, § 117.003) (Ord. 2008-018, passed 6-2-2008)
§ 116.04 REASONS FOR REJECTION OF LICENSE APPLICATION.
   No person shall be entitled to a license who:
    (A)   Has in the preceding ten years been convicted of a felony or a misdemeanor involving dishonesty or the possession or use of controlled substances, or the violation of state law pertaining to the sale of tobacco products;
    (B)   Has had a tobacco sales license issued by the village or any other municipality revoked during the preceding two years;
    (C)   If a corporation, limited liability company or partnership, has an officer, director or person with more than a 5% ownership interest who would not qualify for a license; and/or
    (D)   If operating or allowing the operation of a vending machine, does not comply with § 116.10 of this chapter.
(Prior Code, § 117.004) (Ord. 2008-018, passed 6-2-2008)
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