2022.01.03 ORD 2022-511 Amended Tobacco for T21

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Ordinance 2021- Tobacco Ordinance Revisions Page 4 of 5 sell tobacco, tobacco products, tobacco -related devices, and nicotine or lobelia delivery devices to anyone under the age of 21 years. Sec. 38-80. License. No sales or offers to sell any tobacco, tobacco products, tobacco -related device, or nicotine or lobelia delivery device shall be done without first having obtained a license to do so from the city. (1) Application. An application for a license to sell tobacco, tobacco products, tobacco - related devices, or nicotine or lobelia delivery devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the city clerk shall forward the application to the council for action at its next regularly scheduled council meeting. If the clerk shall determine that an application is incomplete, he shall return the application to the applicant with notice of the information necessary to make the action complete. (2) Action. The council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the council shall approve the license, the clerk shall issue the license to the applicant. If the council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the council's decision. (3) Term. All licenses issued under this article shall be valid for one calendar year, or remainder of year, to expire December 31 of each year. (4) Revocation or suspension. Any license issued under this division may be revoked or suspended as provided in the violations and penalties section, 38-47 of this article. (5) Transfers. All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the council. (6) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this division. (7) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. (8) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. The issuance of a license issued under this division 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. 4