(A) It is unlawful for any person to sell or offer to sell any tobacco, tobacco products, or tobacco-related devices or electronic delivery devices without first having obtained a license to do so from the city.
(B) The issuance of a license issued under this chapter shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license.
(1) 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. The application shall contain the full name of the applicant, 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 Administrator shall forward the application to the Council for action at its next regularly scheduled meeting. If the City Administrator 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.
(2) Action. The Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application. 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 decision.
(3) Term. All licenses issued under this chapter shall be valid for one calendar year which shall be from January 1 through December 31.
(5) 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.
(6) 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 chapter.
(7) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
(8) Renewals.
(a) The renewal of a license issued under this chapter shall be handled in the same manner as the original application.
(b) 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.
(c) Prior to the first renewal of a license, the licensee shall have completed a server/vendor training as approved by the Chief of Police.
(9) Number of licenses. The number of licenses which the Council may issue shall be a maximum of 20 in any one year.
(2006 Code, § 6.40) (Ord. 114A, 3rd Series, passed 1-2-1988) Penalty, see § 116.99