(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED TEAR GAS COMPOUND. A lachrymator or any substance composed of a mixture of a lachrymator, including chloroacetophenone, alphachloroacetophenone, phenylchloromethylketone, orthochlorobelzalmalononitrile or oleoresin capsicum, commonly known as tear gas.
ELECTRONIC INCAPACITATION DEVICES. A portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current. ELECTRONIC INCAPACITATION DEVICE does not include cattle prods, electric fences or other electric devices which are used in agricultural, animal husbandry or food production activities.
(B) License required. It is unlawful for any person to engage in the business of, or operate as, a tear gas and electronic incapacitation device dealer without a license therefor from the city.
(C) Restriction on issuance. No license shall be issued under this section for any premises which an on-sale license for the sale of beer, wine or liquor as defined in Ch. 5 of this code of ordinances, has been issued.
(D) Granting of licenses.
(1) Investigation and issuance. The Council with the assistance of the Chief of Police shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the Council shall grant or refuse the application.
(2) Person and premises licensed; transfer. Each license shall be issued to the applicant and for the premises described in the application. No license shall be transferred to another person and a license shall not be transferred to another place without approval of the Council.
(E) Conditions of license.
(1) In general. Every license is subject to the conditions stated in divisions (E)(2) and (E)(3) below and all other relevant provisions of this section and any other provisions of the city code or state law.
(2) Licensee’s responsibility. Every licensee is responsible for the conduct of his or her business in accordance with this section and applicable state laws. The act of any employee on the licensed premises in dealing with tear gas, tear gas compounds, authorized tear gas compounds and electronic incapacitation devices is deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this section and the law equally with the employee.
(3) Record of sales. Each licensee shall maintain in his or her place of business a record of each sale of authorized tear gas compounds and electronic incapacitation devices made under his or her license. The record shall show for each sale the name and address of the purchaser, the date of purchase, the number of each authorized tear gas compounds and electronic incapacitation devices sold to the purchaser and the identification of the item, and information showing that, on the basis of answers made by the purchaser to written questions, the purchaser is eligible to make the purchase. A sample form giving all such information shall be prepared by the City Clerk after consultation with the Chief of Police, and a copy shall be made available to each licensee, but the licensee may prepare his or her own form so long as the required information appears thereon. The record shall be confidential, but shall be available for inspection at any time during business hours by any police officer or other properly designated officer or employee of the city.