(a) No person may sell, furnish, give, or provide tobacco products directly to consumers within the City of Tucson except on the premises of a tobacco retail establishment with a valid license.
(b) It is the responsibility of the tobacco retailer to be informed of all laws applicable to tobacco retailing, including those laws affecting the issuance of a license, and to provide appropriate training to any persons who interact with customers on its premises. The issuance of a license is not a determination by the City of Tucson or the Department that the tobacco retail establishment or tobacco retailer has complied with any laws applicable to tobacco retailing.
(c) During any period that a tobacco retail establishment lacks a valid license, that tobacco retail establishment and its tobacco retailer must:
(1) Not sell, furnish, give, or provide any tobacco product to consumers at that tobacco retail establishment.
(2) Remove all tobacco products from the relevant tobacco retail establishment's retail area.
(3) Remove the license from public view.
(4) Display signage, provided by the department, in a conspicuous manner visible to the general public and within a five (5) foot radius of any tobacco product point of sale area, indicating that the tobacco retailer does not possess a current license to sell tobacco products. If multiple tobacco product point of sale areas exist in a single tobacco retail establishment, such signage must be displayed in each area.
(5) Remove all tobacco advertising that is not permanently affixed to the tobacco retail establishment's structure.
(d) It is a violation of this chapter for any employee of a tobacco retail establishment or for any tobacco retailer on its premises to violate any local or state law applicable to tobacco products or tobacco retailing.
(e) License application, procedure and fees; annual renewal.
(1) Any person, desiring to obtain a tobacco retail license shall apply to the department. An application for a tobacco retail license shall be filed no later than ninety (90) days from the effective date of this subsection.
(2) The applicant for an annual tobacco retail license shall pay an annual license fee of three hundred dollars ($300.00). All tobacco retail licenses shall expire on December 31 of each calendar year and must be renewed annually. Annual license fees shall only be valid for the location specified in the license application, a separate license being required for each location at which tobacco products are sold.
(3) The application fee and license required by this article shall be in addition to any business license and fee which may be required by chapter 19 of the Tucson Code. The granting of a license under this section shall not be deemed evidence or proof that the licensee has complied with the requirements and provisions of chapter 19 of the Tucson Code.
(Ord. No. 11703, § 2, 10-22-19; Ord. No. 11720, § 1, 1-7-20)