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(A) License required. No person shall sell or offer to sell any tobacco, tobacco products, tobacco-related device, electronic cigarettes, electronic delivery device or nicotine delivery device without first having obtained a license to do so from the city. All licenses issued under this section 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.
(B) Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, electronic cigarettes, electronic delivery device or nicotine 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 Administrator/Clerk/Treasurer shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the Administrator/Clerk/Treasurer determines an application incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete.
(C) 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 approves the license, the Administrator/Clerk/Treasurer 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.
(D) Term. All licenses issued under this section shall be valid until December 31. Licenses will be renewed annually and valid January 1 to December 31.
(E) Revocation or suspension. Any license issued under this section may be revoked or suspended as provided in § 95.99.
(F) Transfers. All licenses issued under this section 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.
(G) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible for licensing under this section.
(H) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise.
(I) 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 not more than 60 days before the expiration of the current license. The applicant must provide proof that an employee training program on tobacco sales has been provided during the license year by submitting records supporting that training at the time of their license renewal each year.
(J) Issuance as privilege and not a right. The issuance of a license issued under this section represents a privilege and not an absolute right of the applicant and does not entitle the holder to an automatic renewal of the license.
(K) Smoking. Except as allowed under M.S. § 144.414, 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 and tobacco related products generally is prohibited.
(Ord. 2019-5, passed 12-18-2019) Penalty, see § 95.99