Item 30 - HEALTH AND SANITATION ARTICLE III. TOBACCO RETAIL LICENSE

Home Browse Search

(1) The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and (2) The new proprietor(s) provides the city with clear and convincing evidence that the new proprietor(s) has acquired or is acquiring the location in an arm's length transaction. As used in this section, the term "arm's length transaction" shall mean a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this article is not an arm's length transaction. (Ord. No. NS‐2729, § 2, 11‐20‐06) Sec. 18‐97. Fees for license. The fee to issue or to renew a tobacco retailer's license shall be set by resolution of the city council from time to time. The fee shall be calculated so as not to exceed that amount which would recover the total cost of both license administration and license enforcement, including, for example, issuing the license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators. All fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. (Ord. No. NS‐2729, § 2, 11‐20‐06) Sec. 18‐98. Suspension or revocation of license by chief of police. (a) In addition to any other remedy authorized by law, a tobacco retailer's license may be suspended and eventually revoked if the chief finds pursuant to this article that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this article or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in subsection 18‐91(d). During any period of license suspension, the retailer must remove all tobacco products from public view. (b) Time period of suspension of license. (1) Upon the first time that the chief makes a finding as set forth in subsection (a), the tobacco retailer's license shall be suspended for up to sixty (60) days; (2) Upon the second time that the chief makes a finding as set forth in subsection (a)within sixty (60) months of the first determination, the tobacco retailer's license shall be suspended for one hundred twenty (120) days; (3) Upon the third time that the chief makes a finding as set forth in subsection (a) of this section within sixty (60) months of the prior determination, the tobacco retailer's license shall be suspended one hundred and eighty (180) days;