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§ 111.03 LICENSE.
   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)
§ 111.04 FEES.
   No license shall be issued under this chapter until the appropriate license fee shall be paid in full.
(Ord. 212, passed 10-15-2019)
§ 111.05 BASIS FOR DENIAL OF LICENSE.
   (A)   Grounds for denying the issuance or renewal of a license include, but are not limited to, the following:
      (1)   The applicant is under the age of 21 years;
      (2)   The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision or other regulation relating to licensed products;
      (3)   The applicant has had a license to sell licensed products revoked within the preceding 12 months of the date of the application;
      (4)   The applicant fails to provide any information required on the application or provides false or misleading information;
      (5)   The applicant is prohibited by federal, state, or other local law, ordinance or other regulation from holding such a license.
   (B)   Except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license.
   (C)   If a license is mistakenly issued or renewed it shall be revoked upon the discovery that the person was ineligible for the license under this chapter.
(Ord. 212, passed 10-15-2019)
§ 111.06 PROHIBITED ACTS.
   (A)   In general. No person shall sell or offer to sell any licensed product:
      (1)   By means of any type of vending machine;
      (2)   By means of loosies;
      (3)   Containing opium, morphine, jimson weed, belladonna, strychnos, cocaine, marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance except nicotine and not naturally found in tobacco or tobacco products;
      (4)    By any other means, or to any other person prohibited by federal, state or other local law, ordinance, provision or other regulation.
   (B)   Legal age. No person shall sell any licensed product to any person under the age of 21.
      (1)   Age verification. Licensees must verify, by means of government-issued photographic identification, that every purchaser is at least 21 years of age. Verification is not required for a person over the age of 30. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection.
      (2)   Signage. Notice of the legal sales age and age verification requirement must be posted prominently and in plain view at all times at each location where licensed products are offered for sale. The required signage, which will be provided to the licensee by the city, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase.
   (C)   Self-service sales. No person shall allow the sale of licensed products by any self service displays where the customer may have access to those items without having to request the item from the licensee or the licensee’s employee and where there is not a physical exchange of the licensed product from the licensee or the licensee’s employee to the customer. All licensed products must be stored behind the sales counter, in another area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling licensed products at the time this chapter is adopted must comply with this section within 90 days of the effective date of this chapter.
   (D)   Liquid packaging. No person shall sell or offer to sell any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an electronic delivery device, in packaging that is not child-resistant. Upon request by the city, a licensee must provide a copy of the certificate of compliance or full laboratory testing report for the packaging used.
(Ord. 212, passed 10-15-2019)
§ 111.07 RESPONSIBILITY.
   All licensees under this chapter shall be responsible for the actions of their employees in regard to the sale of licensed products on the licensed premises and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this chapter shall be construed as prohibiting the city from also subjecting the employee to whatever civil penalties the city deems are appropriate under this chapter, state law, or other applicable law or regulation.
(Ord. 212, passed 10-15-2019)
§ 111.08 COMPLIANCE CHECKS AND INSPECTIONS.
   All licensed premises must be open to inspection by law enforcement or other authorized city officials during regular business hours. From time to time, but at least once per year, the city will conduct compliance checks. In accordance with state law, the city will conduct at least one compliance check that involves the participation of two persons: one person aged 15 to 17 and one person aged 18 to enter licensed premises to attempt to purchase licensed products. Prior written consent by a parent or guardian is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated personnel.
(Ord. 212, passed 10-15-2019)
§ 111.09 OTHER PROHIBITED ACTS.
   It is a violation of this chapter for any person to purchase or otherwise obtain any licensed product on behalf of a person under the age of 21. It is also a violation for any person to coerce or attempt to coerce a person under the age of 21 to purchase or attempt to purchase any licensed product.
(Ord. 212, passed 10-15-2019)
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