No person shall sell or offer to sell any tobacco, tobacco products or tobacco-related device without first having obtained a license to do so from the city.
(A) Application. An application for a license to sell tobacco, tobacco products or tobacco-related devices shall be made on a form provided by the city. All licenses issued pursuant to this chapter of the city code shall be issued by the City Clerk upon a determination by the City Clerk that all conditions precedent to the issuance or renewal of the license have been met including the payment of the applicable fees and proof of insurance if applicable. The issuance of a license by the City Clerk shall include any conditions recommended by other city departments if the license has been referred to the department prior to issuance. 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. If the City Clerk determines 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.
(B) Appeal. A person aggrieved by the denial of a license by the City Clerk or the imposition of terms in connection with the granting of a license may appeal such action of the City Clerk to the City Council. In order to appeal the decision of the City Clerk, the applicant for the license must file a written notice of appeal with the City Clerk within five days of being informed of the City Clerk’s decision to deny the issuance of a license or the terms upon which the license will be issued. The City Council will then review the decision of the City Clerk to determine whether or not such action was correct. The City Council may, in connection with its review of the action of the City Clerk either affirm, reserve or modify the actions of the City Clerk. The applicant shall be advised by mail of the date and time that the Council will hear the applicant appeal.
(C) Term. All licenses issued under this chapter shall be valid for one calendar year from the date of issue.
(D) Revocation or suspension. Any license issued under this chapter may be revoked or suspended as provided in § 113.99 of this chapter.
(E) 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 Council.
(F) 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.
(G) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
(H) 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.
(Prior Code, § 900.03) Penalty, see § 113.99