|
4 St. Anthony - Business Regulations
<br />SELF-SERVICE MERCHANDISING. The open display of licensed products in any manner
<br />where any person has access to the licensed products without the assistance or intervention of the
<br />licensee or the licensee’s employee.
<br />
<br />SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe,
<br />or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana,
<br />or other plant, whether natural or synthetic, that is intended for inhalation. Smoking also includes
<br />carrying or using an activated electronic delivery device.
<br />
<br />TOBACCO or TOBACCO PRODUCTS. Any product containing, made, or derived from
<br />tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved,
<br />inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a
<br />tobacco product including but not limited to cigarettes; cigars; cheroots; stogies; perique; granulated,
<br />plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and
<br />twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and
<br />sweepings of tobacco; and other kinds and forms of tobacco. TOBACCO does not include any nicotine
<br />cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed
<br />and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug,
<br />and Cosmetic Act.TOBACCO does not include any product that has been approved by the U.S. Food
<br />and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or
<br />for other medical purposes, and is being marketed and sold solely for such an approved purpose.
<br />
<br />TOBACCO RELATED DEVICES. Any rolling papers, wraps, pipes, or other device
<br />intentionally designed or intended to be used with tobacco products. TOBACCO-RELATED DEVICE
<br />includes components of tobacco-related devices or tobacco products, which may be marketed or sold
<br />separately. TOBACCO-RELATED DEVICES may or may not contain tobacco.
<br />
<br />VENDING MACHINE. Any mechanical, electric or electronic, or other type of device that
<br />dispenses licensed products upon the insertion of money, tokens, or other form of payment directly into
<br />the machine by the person seeking to purchase the licensed product.
<br />(1993 Code, § 510.02) (Am. Ord. 2011-01, passed 4-26-2011)
<br />
<br />
<br />§ 111.047 LICENSE REQUIRED.
<br />
<br />(A) Generally. No person may directly or indirectly or by means of any device keep for retail
<br />sale, sell at retail, offer to sell or otherwise dispose of any licensed products at any place in the city
<br />unless a license has first been issued by the City Council as provided in this section.
<br />
<br />(B) Specifically.
<br />
<br />(1) Application. An application for a license to sell licensed products shall be made on a form
<br />provided by the city. The application shall contain the full name of the applicant, the
<br />applicant’s residential and business addresses, and telephone numbers, the name of the
<br />business for which the license is sought, and any additional information the city deems
<br />necessary. Upon receipt of a completed application, the City Clerk will forward the
<br />application to the City Council for action at its next regularly scheduled meeting. If the
<br />City Clerk determines that an application is incomplete, it will be returned to the applicant
<br />with notice of the information necessary to make the application complete.
<br />
<br />(2) Action. The City Council may either approve or deny the license, or it may delay action
<br />Commented [PHLC8]: Typically, it is best to define and
<br />use a single term. This definition was also updated to align
<br />with changes to the definition in state law.
|