(A) General. It is unlawful for any person to sell, or offer to sell, any licensed products without first having obtained a license to do so from the city.
(B) 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 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 Clerk-Treasurer shall forward the application to the Council for action at its next regularly scheduled Council meeting. If the City Clerk-Treasurer 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) Action. The Council 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 Council shall approve the license, the City Clerk-Treasurer shall issue the license to the applicant. If the 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.
(D) Term. All licenses issued under this section shall be valid for one calendar year from the date of issue.
(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 persons, shall be valid without the prior approval of the Council.
(G) Movable place of business. No license shall be issued to a movable place of business. Only fixed location businesses shall be eligible to be licensed under this section.
(H) Displays. All licenses shall be posted, and displayed, in plain view of the general public on the licensed premises.
(I) Renewals. The renewal of a license 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.
(J) Issuance as privilege and not a right. The issuance of a license is a privilege, and does not entitle the license holder to an automatic renewal of the license.
(K) Smoking prohibited. Smoking, including smoking for the purpose of the sampling of licensed products, is prohibited within the indoor area of any retail establishment licensed under this section.
(L) Samples prohibited. No person shall distribute samples of any licensed product free of charge, or at nominal cost.
(Ord. 44, third series, passed 10-15-2019) Penalty, see § 113.99