A. License Required: No person or establishment shall sell or offer to sell any tobacco, tobacco products, tobacco related device, or nicotine or lobelia delivery device without first having obtained a license to do so from the city.
B. Application: An application for a license to sell tobacco, tobacco products, tobacco related devices, or nicotine or lobelia delivery devices 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 council shall take action on the license application at a regularly scheduled city council meeting. If the city clerk 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. Investigation: For all new and renewal applicants, a background investigation may be conducted on any business owner, manager, and other individual or enterprise listed on the application. For applicants who are applying for a license for more than one location, only one background investigation and background investigation fee shall be required.
D. 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 clerk 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.
E. Term: All licenses issued under this chapter shall expire on December 31 of odd numbered years. License fees shall be prorated on a quarterly basis as provided in this chapter.
F. Revocation Or Suspension: Any license issued under this chapter may be revoked or suspended as provided in this chapter.
G. 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.
H. Moveable Place Of Business: No license shall be issued to a moveable place of business, including, but not limited to, motorized vehicles, mobile sales kiosks, or trailers. Only fixed location businesses shall be eligible to be licensed under this chapter.
I. Display: All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
J. Renewals: The renewal of a license issued under this chapter shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty (30) days but no more than sixty (60) days before the expiration of the current license.
K. 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.
L. Smoking: Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a retail tobacco license. Smoking for the purposes of sampling tobacco or tobacco related products is prohibited.
M. Instructional Program: No person shall be issued a license or renewal license to sell tobacco related products unless an applicant or license holder has a program for instructing all employees regarding the legal requirements pertaining to the sale of tobacco related products at the business premises for which the license was issued. The instructional program shall include, but is not limited to, reviewing the law on the sale of tobacco related products and requiring employees to request identification from every customer who is under twenty seven (27) years of age. The training shall include information that the sale of tobacco related products to minors is illegal, explanation of what proof of age is legally acceptable, and that a sale to a minor can subject the applicant or license holder and their employees to criminal and/or civil liability. (Ord. 2015-08, 11-2-2015, eff. 1-1-2016)