Loading...
§ 110.033 RENEWALS.
   The renewal of a license issued under this section shall be handled in the same manner as the original application. 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.
(Ord. 13-02, passed 10-8-2013; Ord. 17-2, passed 11-14-2017)
§ 110.034 FEES.
   No license shall be issued under this chapter until the appropriate license fee shall be paid in full. The fee for a license under this chapter shall be established by resolution of the County Board of Commissioners. License fees shall be prorated for those licenses issued for less than a full calendar year. License fees shall be doubled in instances where there is a failure to obtain a license prior to commencing retail sales of tobacco.
(Ord. 13-02, passed 10-8-2013; Ord. 17-2, passed 11-14-2017)
§ 110.035 BASIS FOR DENIAL OF LICENSE.
   (A)   The following shall be grounds for denying the issuance or renewal of a license under this chapter; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the county must deny the license. If a license is mistakenly issued or renewed to a person, it may be revoked upon the discovery that the person was ineligible for the license under this section.
   (B)   Grounds for denial are:
      (1)   The applicant is under the age of 21 years;
      (2)   The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision or other regulation relating to tobacco, tobacco products, tobacco-related devices and electronic delivery devices;
      (3)   The applicant has had a license to sell tobacco, tobacco products, tobacco-related devices and electronic delivery devices revoked within the preceding 12 months of the date of application;
      (4)   The applicant fails to provide any information required on the application or provides false or misleading information;
      (5)   The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding such a license;
      (6)   The applicant has failed to pay on a timely basis any administrative fine levied by the county under § 110.999 of this chapter; or
      (7)   Youth-oriented facilities.
         (a)   No license shall be issued to a tobacco products shop that is located within 1,000 feet of a youth-oriented facility unless the youth-oriented facility is located on the opposite side of a county state aid highway, state highway, or federal highway in which case the setback distance shall be reduced to 750 feet.
         (b)   No license shall be issued to a business within 1,000 feet of a youth-oriented facility unless:
            1.   the youth-oriented facility is located on the opposite side of a county state aid highway, state highway, or federal highway in which case the setback distance shall be reduced to 750 feet; and
            2.   the business has been in operation for at least two years and provides financial reports for the prior two years that describe the nature of its business and itemize the products it sells. A business seeking a renewal under this provision shall provide the most recent financial records for the business from the prior year.
         (c)   No license shall be issued in the event an applicant fails to provide the Finance Director with a letter from a certified public accountant as provided in § 110.026.
         (d)   The restriction contained in division (B)(7)(a) and (b) of this section does not apply to an individual business establishment with any type of food, restaurant, fuels distributor, or on-sale liquor license that has a tobacco section or department, provided the sales of tobacco and tobacco-related products do not exceed 25% of gross revenue, or any businesses with an existing license holder who has been licensed to sell licensed products in the same location since October 1, 2018.
         (e)   Calculating the distance from a youth-oriented facility, as provided in this section, shall be measured by the shortest line from the property lot line of the space to be occupied by the proposed licensee to the nearest property lot line of a youth-oriented facility.
(Ord. 13-02, passed 10-8-2013; Ord. 19-5, passed 9-24-2019; Ord. 21-4, passed 11-30-2021; Ord. 22-5, passed 2-7-2023)
ILLEGAL ACTS
§ 110.050 GENERALLY.
   Unless otherwise provided, the following acts in this subchapter shall be a violation of this chapter.
(Ord. 13-02, passed 10-8-2013)
§ 110.051 ILLEGAL SALES AND OCCUPANCY.
   (A)   It shall be a violation of this chapter for any person to sell or otherwise provide any tobacco, tobacco products, tobacco-related device and electronic delivery device to any person under the age of 21.
   (B)   No operator or employee of a tobacco products shop shall allow, permit, or suffer any person younger than 21 years of age, to enter or be present upon the licensed premises. It shall be the duty of the operator and operator’s employees to identify and ascertain the age of any such person and to refuse admittance to any person not of age.
(Ord. 13-02, passed 10-8-2013; Ord 19-5, passed 9-24-2019; Ord. 21-4, passed 11-30-2021) Penalty, see § 110.999
§ 110.052 ILLEGAL POSSESSION.
   It shall be a violation of this chapter for any person under the age of 21 to have in his or her possession any tobacco, tobacco products, tobacco-related devices and electronic delivery devices. This section shall not apply to persons under the age of 21 lawfully involved in a compliance check.
(Ord. 13-02, passed 10-8-2013; Ord. 21-4, passed 11-30-2021) Penalty, see § 110.999
§ 110.053 ILLEGAL USE.
   It shall be a violation of this chapter for any person under the age of 21 to smoke, chew, sniff or otherwise use any tobacco, tobacco products, tobacco-related device and electronic delivery device.
(Ord. 13-02, passed 10-8-2013; Ord. 21-4, passed 11-30-2021) Penalty, see § 110.999
Loading...