05-23-2012 Council Agenda - Laserfiche WebLink

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(g) "Individually Packaged" means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include but not be limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. (h) "Nicotine Or Lobelia Delivery Devices" means any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in this section, not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or fbr other medical purposes, and is being marketed and sold solely for that approved purpose. 802.020. LICENSE REQUIRED. No person shall, directly or indirectly, keep for retail sale, sell at retail, or otherwise dispose of Tobacco Products, tobacco - related devices, or nicotine or lobelia delivery devices unless licensed by the City of Little Canada. A Tobacco Store license is available to a premises meeting the definition of such a store; a General Sales and Display license is available to all other premises seeking a tobacco license. License applications shall be submitted to the City Administrator together with the applicable license fee as determined from time to time by City Council resolution. A license shall be issued for the specific premises identified in the application. 802.025. RESTRICTIONS ON NUMBER OF LICENSES. The number of tobacco licenses within the City shall not exceed twelve (12). 802.030. APPLICATION. Any person desiring a license to engage in the business of dealing and /or selling Tobacco 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 sufficient financial information to show Qom fiance with the requirement that 90% of gross revenue derived from the sale of approved products. 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. 802.040. LICENSE GRANTED BY RESOLUTION. The Council shall, after whatever investigation it deems necessary, by resolution grant the license applied for by such applicant, if in the opinion of the Council the applicant is entitled thereto. The issuance of a license issued under this section 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. 802 -2 3