09-10-2014 Council Agenda - Laserfiche WebLink

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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 delivery devices. 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 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 ofa 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, "I'he issuance of 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 delivery devices within 500 feet of any school, playgrond, 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: 802-3 8