10-23-2013 Council Agenda - Laserfiche WebLink

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802.025. RESTRICTIONS ON NUMBER OF LICENSES. The number of tobacco licenses within the City shall not exceed ten (10). 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 a certified statement by the business owner that the tobacco store is in compliance with the requirement that more than 90% of gross revenue derived from the sale of approved products and the requirement that no more than 50% of the gross revenue of the store is derived from the sale of tobacco - related devices and electronic delivery dev ices. 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 tobacco - related products . and electronic delivery devices. 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. 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. 802.045. 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- electronic 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 802 -3 12 Comment (BB1I: think this means that you icould not open an "e- cgatelte only store in Iettic Canada. Is this the `. itdeinion?