06-12-2013 Council Agenda - Laserfiche WebLink

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investigation it deems necessary, by resolution grant the license applied for by such applicant, it' 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. 802.045. PROXIMITY RESTRICTION. No Tobacco Store 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 500 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. 802.050. LICENSE FEE. The annual Tobacco Products license fee shall be determined by resolution of the City Council If the application is made after July 1, the annual fee shall be pro- rated on a monthly basis. 802.060. TERM. Tobacco Products licenses shall be for a term of one year. The annual Tobacco Products license shall commence July 1 of each year. 802.070. LICENSE RESTRICTIONS. A license shall be issued subject to the following restrictions: (a) The following restrictions apply to premises licensed as a Tobacco Store: (1) No person shall permit a minor to sample tobacco. (2) No more than 50% of the gross revenue of the store may be derived from the sale of tobacco-related devices. (3) Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a retail tobacco license. Smoking tobacco, or lighting and burning tobacco, for the purposes of sampling tobacco and tobacco related products is prohibited. Notwithstanding the preceding, smoking may occur in a Tobacco Store if all of the following circumstances are met: i. The smoking is by a customer or potential customer for the specific purpose of sampling tobacco; 802 -3 4