04-27-11 Council Agenda - Laserfiche WebLink

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(K) Proximity to youth- oriented,facilities. No license shall be granted pursuant to this section to any person for any retail sales of tobacco, tobacco products, tobacco - related devices, or nicotine or lobelia delivery devices within 1,000 feet of any school, playground, house of worship, or youth - oriented facility, as measured by the shortest line between the space to be occupied by the proposed licensee and the occupied space of the school, playground, house of worship, or youth - oriented facility, unless that person has been in the business of selling such products in that location before the date this section was enacted into law for at least one year. For the purpose of this section, a youth - oriented facility is defined to include any facility with residents, customers, visitors, or inhabitants of which 25 percent or more are regularly under the age of 21 or which primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of 21. (L) Proximity to other tobacco retailers. No license shall be granted pursuant to this section to any person for any retail sales of tobacco, tobacco products, tobacco - related devices, or nicotine or lobelia delivery devices within two thousand feet of any other establishment holding such a license, as measured by the shortest line between the space to be occupied by the proposed licensee and the occupied space of the nearest existing licensee, unless that person has been in the business of selling such products in that location before the date this section was enacted into law for at least one year. (M) Smoking. Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a retail tobacco license. Smoking for the purposes of sampling tobacco and tobacco related products is prohibited. Penalty, see Section l4. SECTION 4. 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 in the city's Ordinance Establishing Fees and Charges, as it may be amended from time to time. Penalty, see Section 14. SECTION 5. BASIS FOR DENIAL OF LICENSE. (A) Grounds for denying the issuance or renewal of a license under this chapter include but are not limited to the following: (I) The applicant is under the age of 18 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, or nicotine or lobelia delivery devices. gag- rithll( Fl dth La,/ enter 8115 Sd. nut A: i w._ .,Sini P,.d 'i'l,'5614, 1016 ( i 790..036 17