No person shall sell or offer to sell any licensed product without first having obtained a license to do so from the city.
(A) Application. An application for a license to sell licensed products 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 names of the business for which the license is sought and any additional information the city deems necessary. Upon receipt of a completed application, the Clerk shall forward the application to City Council for action at its next regularly scheduled meeting. If the Clerk shall determine that an application is incomplete, the application shall be returned to the applicant with notice of the information necessary to make the application complete.
(B) Action. The City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council approves the license, the 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 Council’s decision.
(C) Term. All licenses issued under this section shall be valid for the current calendar year in which the license is issued.
(D) Revocation or suspension. Any license issued under this section may be revoked or suspended as provided in this chapter.
(E) Transfers. All licenses issued are valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location or person is prohibited.
(F) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed-location businesses shall be eligible to be licensed.
(G) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
(H) Renewals. The renewal of a license issued under this section shall be processed in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license.
(I) Proximity to youth-oriented facilities. No license shall be approved for any sales of licensed products within 1,000 feet of any youth-oriented facility, as measured by a straight line between the space to be occupied by the proposed licensee and the occupied space of the youth-oriented facility, unless the applicant has been lawfully in the business of selling such products in that location before the date this section was adopted.
(J) Proximity to other tobacco retailers. No license shall be approved for any sales of licensed products within 2,000 feet of any other establishment holding such a license, as measured by a straight line between the space to be occupied by the proposed licensee and the occupied space of the nearest existing licensee, unless the applicant has been lawfully in the business of selling such products in that location before the date this section was adopted.
(Ord. 212, passed 10-15-2019)