741.10 LIMITS ON POPULATION AND DENSITY.
(a) The total number of tobacco retailer licenses within the City of Whitehall shall be limited to one for each 685, or fraction thereof, inhabitants of the City of Whitehall.
(b) For the purposes of this section, the total population of the City of Whitehall shall be determined by the most current published total available from the U.S. Census Bureau as of the date the license application is filed.
(c) No new license may issue to authorize tobacco sales if the number of tobacco retailer licenses already issued equals or exceeds the total number of authorized licenses pursuant to subsection 741.10
(a).
(1) Notwithstanding subsections 741.10(
a) through (c), a Tobacco Retailer operating lawfully on the date this ordinance is adopted that would otherwise be eligible for a Tobacco Retailer 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:
A. The license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension);
B. 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;
C. 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:
1. To a new Proprietor(s}in an Arm's Length Transaction; or
2. For which a significant purpose is avoiding the effect of violations of this ordinance; and
D. The Tobacco Retailer retains the right to operate under other applicable laws.
E. If the City of Whitehall determines that a Tobacco Retailer has substantially changed their business premises or operation and the Tobacco Retailer disputes this determination, the Tobacco Retailer bears the burden of proving by a preponderance of evidence that such change(s) do not constitute a substantial change.
F. The Mayor of the City of Whitehall, of their designee, may authorize additional tobacco retailer licenses if by their determination the business provides significant economic benefit to the community.
(Ord. 003-2023. Passed 1-17-23.)