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Item 27 - Flavored Tobacco
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03/01/2022 Regular
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Item 27 - Flavored Tobacco
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
27
Date
3/1/2022
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<br /> <br />Ordinance No. NS - ____ <br />Page 6 of 8 <br /> <br />(e) Each tobacco retailer license shall be prominently displayed in a publicly <br />visible location at the licensed location. <br /> <br />Sec. 18-92. - Limits on tobacco retail license. <br /> <br />(a) No license shall be issued to authorize tobacco retailing at other than a <br />fixed business place. Tobacco retailing by persons on foot or from <br />vehicles is prohibited. <br /> <br />(b) No license shall be issued to authorize tobacco retailing at any location for <br />which a tobacco retailer license suspension is in effect or during a period <br />of ineligibility following a revocation. <br /> <br />(c) It shall be unlawful for a tobacco retailer, or any of the tobacco retailer’s <br />agents or employees, to sell, offer for sale, possess with intent to sell or <br />offer for sale, a flavored tobacco product. <br /> <br />(d) Subsection (c) shall not apply to the sale of flavored shisha tobacco <br />products by a licensed tobacco retailer. <br /> <br /> <br />* * * <br /> <br />Sec. 18-103. Tobacco retailing without a license—Seizure. <br /> <br />(a) Tobacco products, including flavored tobacco products, shisha tobacco <br />products, and flavored shisha tobacco products and tobacco <br />paraphernalia offered for sale or exchange in violation of this article are <br />subject to seizure by the chief or any peace officer and shall be forfeited <br />after the licensee and any other owner of the tobacco products, including <br />flavored tobacco products, shisha tobacco products, and flavored shisha <br />tobacco products, and tobacco paraphernalia seized is given reasonable <br />notice and an opportunity to demonstrate that the tobacco products, <br />including flavored tobacco products, shisha tobacco products, and <br />flavored shisha tobacco products and tobacco paraphernalia were not <br />offered for sale or exchange in violation of this article. <br />(b) Forfeited tobacco products, including flavored tobacco products, shisha <br />tobacco products, and flavored shisha tobacco products and tobacco <br />paraphernalia shall be maintained and destroyed pursuant to the chief's <br />policy for seized evidence. <br /> <br />Section 3. This ordinance shall be automatically repealed by operation of law <br />in the event that Senate Bill 793 (2020) re flavored tobacco products goes into effect. <br />
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