(A) Applications for a license for the retail sale of (i) tobacco products, (ii) alternative nicotine products and electronic cigarettes, or (iii) operation as a multi products retailer shall be made with the Village Clerk's office and shall provide such information as required by the village on said application, as may be amended from time to time. A nonrefundable fee of $250 shall be due and payable at the time of original application; no application fee shall be charged for any renewal application where the applicant is a licensee in good standing at the time of renewal application, and where the renewal applicant provides the village with an affidavit confirming that the information provided at the time of original application remains substantially unchanged, or, in the case of a licensee that has initially received a license pursuant to § 129A.04(D), where the renewal applicant provides the village with all information required for an initial license application under this chapter and which information demonstrates that such renewal applicant is eligible for licensure and in compliance with the requirements of this chapter. At minimum, applications for any license under this chapter shall require the applicant to present the following information to the village:
(1) The name, age, and address of the applicant in the case of an individual; in the case of a partnership, the names, ages, and addresses of all partners; in the case of a corporation or club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers, directors, manager, and, if a majority in interest of the stock of the corporation is owned by one person or his nominees, the name, age, and address of that person. If the corporation is publicly traded, the application shall only be required to identify the corporation as well as a manager, and provide that manager's contact information.
(2) The citizenship of the applicant, his or her place of birth and, if a naturalized citizen, the time and place of his or her naturalization.
(3) The length of time that the applicant has been in a business of that character or, in the case of a corporation, the date on which it was incorporated, the state of incorporation, and if a foreign corporation, the date of being qualified to do business in Illinois.
(4) The address of the proposed licensed premises, a detailed description of the proposed licensed premises, an interior photograph or diagram of the licensed premises, a site plan of the proposed licensed premises and accessory, including all private parking lots, driveways and pedestrian areas controlled by or available to the licensee.
(5) A list of governmental entities to which the applicant has submitted an application for a tobacco license, the date of such application, the disposition of such application, and the dates, reason and length of suspension or revocation of such license, if any.
(6) Each application shall be signed by each applicant, partner, LLC member, stockholder (except in the case of a publicly traded corporation,) or manager. The information recited in the application form shall be verified by oath or affirmation as to each person signing the application.
(7) Each applicant, partner, LLC member, stockholder, (except in the case of a publicly traded corporation), or manager, shall submit to fingerprints and consent to a background check to be conducted by the Romeoville Police Department.
(8) A statement that if the application is approved, the applicant agrees to complete a training program relating to the law requiring verification of a customer's age and detection of false identification, which program shall be approved or conducted by the Romeoville Police Department.
(B) The annual fee for a license under this chapter shall be $650 per license per licensed premises for retail tobacco stores and retail alternative/electronic stores, and shall be $1,000 per license per licensed premises for multi products retailers. Notwithstanding any other contrary provision of this chapter or Code, any licensee paying a license fee under this Chapter 129A shall be exempt only from the payment of the tobacco dealer license fee imposed by § 43.01(C)(8) of the Village Code of Ordinances.
(C) A license for the retail sale of tobacco products, or the sale of alternative nicotine products and electronic cigarettes or for operation as a multi products retailer, is nontransferable and is valid only for the person(s) or business entity and location specified in the license application.
(D) Incomplete or inaccurate applications shall be denied by the Tobacco Control Commissioner in writing, which writing shall set forth the deficiencies in the application, and which shall be issued within 60 days of the receipt of the application. Prior to such a denial, the applicant may submit the information required to complete the application. Any expenses incurred in reviewing incomplete or inaccurate license applications, advising the applicant of such deficiencies, and rejecting such applications shall be paid by the applicant. Discovery of any false or materially misleading matter in an approved application shall constitute grounds for the suspension or revocation of a license.
(E) Sale, transfer, or assignment of 50% or more of the ownership interest in any licensee (regardless of the form of the licensed entity) or in the assets thereof shall terminate the relevant license.
(F) Licenses terminate each December 31. Any licensee may renew its license if it is qualified to receive a license; renewals are a privilege and not a vested right. There shall be no prorations of applicable license fees due to the village based upon the time of issuance of a license.
(G) Original and renewal license applications shall be denied where the application demonstrates that the applicant does not or cannot comply with the requirements of this chapter, and shall further be denied to the following categories of applicants:
(1) A person who is indebted to the village and is more than 30 days delinquent in the payment of the indebtedness at the time of filing the application.
(2) A person who has been convicted of a felony under any federal or state law, unless the Tobacco Commissioner determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person's application and the Tobacco Commissioner's investigation. The burden of proof of sufficient rehabilitation shall be on the applicant.
(3) A person who has been convicted of a violation of any federal, state or village law concerning the possession or sale of tobacco products or has forfeited a bond to appear in court to answer to any charges for any such violation.
(4) A person who within one year prior to application for a tobacco dealer license has been convicted of, plead guilty to, or been placed on supervision for any tobacco-related offense shall be considered not of good character and reputation.
(5) A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.
(6) A person who does not own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is issued.
(7) A person proposing to operate a licensed business at a location within 100 feet of any public or private school typically attended by persons under the age of 18 years. The 100 foot distance shall be measured by a straight line from nearest point of the licensed premises to nearest lot line of the school property and shall include public right-of-way.
(8) Any applicant or licensee who has been convicted of a felony under any federal or state law, or any misdemeanor in which tobacco products shall notify the Tobacco Commissioner of such conviction. Such notification shall be made within 30 days after the sentencing for the conviction.
(9) Applicants failing to maintain any village, State of Illinois or federal license or permit required for the conduct of the licensed business. The existence of any of the foregoing enumerated matters or circumstances shall also serve as grounds for the suspension or revocation of any license issued under this chapter.
(Ord. 22-1766, passed 3-16-22)