741.09 LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER LICENSE.
(a) Proximity to Youth-oriented Facilities. No license may be issued, and no existing license may be renewed, except as specified in subsection (c). to authorize tobacco sales within 1,000 feet of a youth-oriented facility as measured by a straight line from the nearest point of the property line of the parcel on which the youth-oriented facility is located to the nearest point ofthe property line of the parcel on which the applicant's business is located.
(b) Proximity to Other Tobacco Retailers. No license may be issued, and no existing license may be renewed, except as specified in subsection (c), to authorize tobacco sales within 1,000 feet of a tobacco retailer location already licensed pursuant to this Article as measured by a straight line from the nearest point of the property line of the parcel on which the applicant's business is located to the nearest point of the property line of the parcel on which an existing licensee's business is located.
(c) Notwithstanding Sections 517.45
and 517.46
of the Codified Ordinances, a Tobacco Retailer operating lawfully on the date this chapter is adopted that would otherwise be eligible for a Tobacco Retail license for the location for which a license is sought may receive or renew a license for that location so long as all of the following conditions are met:
(1) The license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension);
(2) The Tobacco Retailer is not closed for business or otherwise suspends Tobacco sales, whether voluntarily or due to license suspension for more than sixty (60) consecutive days;
(3) The Tobacco Retailer does not substantially change the business premises or business operation. A substantial change to the business operation includes, but is not limited to, the transferring of a location:
A. For which a significant purpose is avoiding the effect of violations of this chapter; and
(4) The Tobacco Retailer retains the right to operate under other applicable laws.
(5) If the City of Whitehall determines that a Tobacco Retailer has substantially changed their premises or operation and the Tobacco Retailer disputes this determination, the Tobacco burden of proving by a preponderance of evidence that such change(s) do not constitute a substantial change.
(Ord. 003-2023. Passed 1-17-23.)