05-25-2022 Council Packet - Laserfiche WebLink

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7 802.025. RESTRICTIONS ON NUMBER OF LICENSES AND SUNSETTING OF LICENSES. (a) License number restriction. The number of Tobacco Store Licenses within the City shall not exceed two (2). There is no limit on tThe number of General Sales and Display Licenses shall not exceed five (5). (b) Sunset on Tobacco Retail Licenses. The city will not issue any new licenses for the sale of licensed products after May 25, 2022. The city will only renew existing licenses that were issued by May 25, 2022. Licenses may be renewed subject to the provisions of this chapter, provided that: 1. A license is only eligible for renewal by the same natural person who holds the license on May 25, 2022 for the premises set forth in the approved application. Eligible parties will lose the existing license if they fail to renew it by June 30 each year, or if the license is revoked for any reason. 2. A license held by a person as defined by this ordinance that is not a natural person, including LLC, Partnership, or Corporation, or other business organization, is only eligible for renewal provided there has not been a change of 50% or more of the owners, shareholders or partners in place as of May 25, 2022. 802.030. APPLICATION. BASIS FOR DENIAL. (a) Any person desiring a license to engage in the business of dealing and/or selling Licensed Products shall first make application therefor to the Council of the City by filing with the City Administrator for presentation to the Council an application in writing, which application shall set forth the name and place of residence of the applicant and the exact location of the place at which the applicant proposes to carry on said business. An application to renew a Tobacco Store license shall include a certified statement by the business owner that the store is in compliance with: (1) the requirement that more than 90% of gross revenue is derived from the sale of Licensed Products and (2) the building criteria set forth in 802.010 (a). Such certification shall include the following: total gross revenues, total gross revenues derived from the sale of approved products, and total gross revenues derived from the sale of Licensed Products, and floor plans. The City reserves the right to request additional financial information, as deemed necessary. Said application shall be signed by the applicant in person, and when received by the City Administrator shall be placed on file; provided, however, that no such application shall be received unless it is accompanied by the payment of a fee as provided for herein. (b) The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal the City Council’s decision. Grounds for denying the issuance or renewal of a license under this chapter include, but are not limited to the following: