(A) General rule. No person shall sell or offer to sell any licensed product without first obtaining a license from the city pursuant to Chapter 110. Each retail establishment location shall require a separate license. The maximum number of licenses issued by the city at any time for specialty tobacco retailers is limited to two. Specialty tobacco retailers open for business and in operation for at least six months prior to November 8, 2021 shall have priority for the issuance of a license under this section. When the maximum number of licenses has been issued, the city may place applicants seeking licensure on a waiting list and allow them to apply on a first-come, first-served basis. These applications will be considered for licensure as existing licenses are not renewed, revoked or voluntarily surrendered. An applicant who has purchased a business holding one of the two current city licenses will be entitled to first priority, provided the new applicant meets all other application requirements.
(B) Applications. In addition to the application information requirements of § 110.03, the applicant shall submit a copy of the educational materials the applicant uses to educate employees as part of its instructional program.
(C) License fee. The applicant shall submit the license fee pursuant to Chapter 110. The license fee shall be used to process applications and by the Police Department for education, training and enforcement of this chapter.
(D) Investigations.
(1) For all new and renewal applicants, a background investigation will be conducted on the applicant listed on the application, pursuant to § 110.03(C)(5). If more than one background investigation is required, the applicant shall pay a background investigation fee for each background investigation conducted. For applicants who have an existing tobacco license and want to add an additional location at any time other than annual renewal, a background investigation will be required.
(2) For applicants who are applying for a license for more than one location, only one background investigation and background investigation fee shall be required.
(E) License term. The license term begins on January 1 and terminates on December 31.
(F) Changes in ownership. A license is non-transferable. If there is a change in the ownership of the retail establishment, a new license is required and the applicant shall be required to submit to a background investigation as a new applicant.
(G) Instructional program. No person shall be issued a license or renewal license to sell licensed products unless an applicant or licensee has a program for instructing all employees regarding the legal requirements pertaining to the sale of licensed products at the retail establishment for which the license was issued. The instructional program shall include, but is not limited to, reviewing the law on the sale of licensed products, requiring employees to request identification from every customer who is under 27 years of age, providing information that the sale of licensed products to anyone under 21 is illegal, explaining what kind of proof of age is legally acceptable, and that a sale to a person below the legal sales age can subject the applicant or licensee and its employees to criminal and/or civil liability.
(H) Age verification device and digital security video. All license holders shall be required to install or possess age verification devices and digital security video at the licensed location. The Police Department shall confirm that the devices have been installed prior to approval of the license.
(I) Sampling. Sampling of licensed products shall not be permitted within the indoor area of any retail establishment.
(J) Moveable place of business. No license shall be issued to a movable place of business. Only fixed retail establishment locations shall be eligible to be licensed under this section.
(K)
All tobacco, tobacco products, tobacco-related devices or electronic delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public.
(L) Signage. Notice of the legal sales age and age verification requirements must be posted at each location where licensed products are offered for sale. The required signage, which shall be provided to the licensee by the city, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase.
(Ord. 15-04, passed 6-8-2015; Ord. 19-15, passed 10-14-2019; Ord. 20-008, passed 7-27-2020; Ord. 21-015, passed 11-8-2021)