741.04 LICENSE REQUIRED.

   (a)    No person shall sell or offer to sell any licensed product without first having obtained a license to do so from the Department.

   (b)    An application for a license must be made on a form provided by the Department. The application must 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 Department determines that an application is incomplete, it will be returned to the applicant with notice of the information necessary to make the application complete.

   (c)    The fee for a license shall be initially set, and subsequently reviewed and adjusted annually, by the Department; however, the fee for a license shall not be less than four hundred dollars ($400.00).

      (1)    Licensing fees are due at the time of application and are not refundable. A license cannot be renewed if the Tobacco Retailer has outstanding fines pursuant to this article.

   (d)    The license term is one calendar year, beginning on March 1. In cases of applications for a new license submitted after March 1 of a given year and more than sixty (60) days before the following March 1, the Department may issue a license for the remainder of the standard term period, but such license term will only extend to the following last day of February.

   (e)    Any license issued may be suspended or revoked following the procedures set forth in this chapter.

   (f)    All licenses issued are valid only on the premises for which the license was issued and only for the person to whom the license was issued.

   (g)    All licenses must be posted and displayed in a conspicuous location at all times in plain view of the general public in the tobacco retail establishment.

   (h)    The renewal of a license issued under this ordinance shall be handled in the same manner as the retail food establishment license process established under Ohio Administrative Code 3701-21. The renewal will be mailed to the establishment thirty to sixty (30-60) days prior to March 1 of the calendar year. The renewal application must be received by the City of Whitehall, along with any fees, by March 1 of the calendar year and may face fines if any or all of the renewal application is received after March 1.

   (i)    Issuance as privilege and not a right. The issuance of a license is a privilege and does not entitle the license holder to an automatic renewal of the license.

   (j)   No person shall distribute samples of any tobacco products free of charge or at a nominal cost. The distribution of tobacco products as a free donation is prohibited.

(Ord. 003-2023. Passed 1-17-23.)