No person shall sell or offer to sell any tobacco, or tobacco-related device without first having obtained a license to do so from the city.
Subd. 1. Application. An application for a license to sell tobacco, or tobacco-related 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 Administrator/Clerk shall forward the application to the City Council for action at its next regularly scheduled meeting. If the City Administrator/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.
Subd. 2. Action. The city may either approve or deny the license or it may delay action for the reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the city shall approve the license, the City Administrator/Clerk shall issue the license to the applicant. If the city denies the license, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal the decision.
Subd. 3. Term. All licenses issued under this chapter shall expire on the last day of October of each year.
Subd. 4. Revocation or suspension. Any license issued under this chapter may be revoked or suspended as a penalty for a violation. No suspension or revocation may take effect until the licensee has received notice, either personally or by mail, of the opportunity for a hearing pursuant to § 302.12.
Subd. 5. 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.
Subd. 6. 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 under this chapter.
Subd. 7. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
Subd. 8. Renewals. The renewal of a license issued under this section shall be handled 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. 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.
(1987 Code, § 302.03) (Ord. 475, passed 5-9-2011)