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6 <br /> <br />measured by the shortest line between the space to be occupied by the proposed licensee and the <br />occupied space of the school, playground, house of worship, or youth-oriented facility, unless that <br />person has been in the business of selling Licensed Products in that location before the date this <br />section was enacted into law for at least one year. For the purpose of this section, a “youth-oriented <br />facility” is defined to include any facility with residents, customers, visitors, or inhabitants of which <br />25 percent or more are regularly under the age of 21 or which primarily sells, rents, or offers services <br />or products that are consumed or used primarily by persons under the age of 21. <br /> <br /> 802.050. LICENSE FEE. The annual license fee shall be determined by resolution of the <br />City Council. If the application is made after July 1, the annual fee shall be pro-rated on a monthly <br />basis. <br /> <br />802.060. TERM. Licenses shall be for a term of one year. The annual license shall <br />commence July 1 of each year. <br /> <br />802.070. LICENSE RESTRICTIONS. A license shall be issued subject to the following <br />restrictions: <br /> <br />(a) The following restrictions apply to premises licensed as a Tobacco Store: <br /> <br /> (1) No person shall permit a person under the age of 21 to smoke Licensed <br />Products for the purposes of sampling those products or provide samples of <br />Licensed Products free of charge or at a nominal cost to a person under the <br />age of 21. <br /> <br /> (2) No more than 50% of the gross revenue of the store may be <br /> derived from the sale of tobacco-related devices. <br /> <br />(3) Smoking shall not be permitted and no person shall smoke within the indoor <br />area of any establishment with a retail tobacco license. Smoking lighting, heating <br />and burning of Licensed Products, for the purposes of sampling Licensed Products is <br />prohibited. Notwithstanding the preceding, smoking may occur in a Tobacco Store if <br />all of the following circumstances are met: <br /> <br />i. The smoking is by a customer or potential customer for the specific <br />purpose of sampling tobacco; <br /> <br />ii. The Tobacco Store has held a license from the City to sell Licensed <br />Products at that location for at least six months prior to the May 2013 <br />enactment of this provision; and <br /> <br />iii. The owner of the establishment has maintained a valid retail <br />tobacco license and has abided by all applicable laws.