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05-23-2012 Council Agenda
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05-23-2012 Council Agenda
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802.045. PROXIMITY RESTRICTION. No Tobacco Store license shall be granted pursuant <br />to this section to any person for any retail sales of tobacco, tobacco products, tobacco- related <br />devices, or nicotine or lobelia delivery devices within 500 feet of any school, playground, house of <br />worship, or youth - oriented facility, as measured by the shortest line between the space to be occupied <br />by the proposed licensee and the occupied space of the school, playground, house of worship, or <br />youth - oriented facility, unless that person has been in the business of selling such products in that <br />location before the date this section was enacted into law for at least one year. For the purpose of this <br />section, a "youth- oriented facility" is defined to include any facility with residents, customers, <br />visitors, or inhabitants of which 25 percent or more are regularly under the age of 21 or which <br />primarily sells, rents, or offers services or products that are consumed or used primarily by persons <br />under the age of 21. <br />802.050. LICENSE FEE. The annual Tobacco Products license fee shall be determined by <br />resolution of the City Council. If the application is made after July 1, the annual fee shall be pro- <br />rated on a monthly basis. <br />802.060. TERM. Tobacco Products licenses shall be for a term of one year. The annual <br />Tobacco Products license shall commence July 1 of each year. <br />802.070. LICENSE RESTRICTIONS. A license shall he issued subject to the following <br />restrictions: <br />(a) The following restrictions apply to premises licensed as a Tobacco Store: <br />(I) No person shall permit a minor to sample tobacco. <br />(2) No more than 50% of the gross revenue of the store may be derived from the <br />sale of tobacco- related devices. <br />(3) <br />Smoking shall not be permitted and no person shall smoke within the indoor <br />area of any establishment with a retail tobacco license. Smoking tobacco, or <br />lighting and burning tobacco, for the purposes of sampling tobacco and <br />tobacco related products is prohibited. Notwithstanding the preceding, <br />smoking may occur in a Tobacco Store if all of the following circumstances <br />are met: <br />i. The smoking is by a customer or potential customer for the specific <br />purpose of sampling tobacco; <br />ii. The Tobacco Store has held a license from the City to sell tobacco <br />products at that location for at least six months prior to the enactment <br />of this provision; and <br />802 -3 <br />4 <br />
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