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<br />(B) Has waited the appropriate ineligibility period established for <br />tobacco retailing without a license, as set forth in Section 18- <br />101 (a) of this article, before seeking renewal of the license. <br /> <br />Sec. 18-96. License nontransferable. <br /> <br />(a) A tobacco retailer's license may not be transferred from one person <br />to another or from one location to another. Whenever a tobacco retailing location <br />has a change in proprietors a new tobacco retailer's license is required. <br /> <br />(b) Notwithstanding any other provision of this article, prior violations at <br />a location shall continue to be counted against a location and license ineligibility <br />periods shall continue to apply to a location unless: <br /> <br />(1) the location has been fully transferred to a new proprietor or fully <br />transferred to entirely new proprietors; and <br /> <br />(2) the new proprietor(s) provides the City with clear and convincing <br />evidence that the new proprietor(s) has acquired or is acquiring the <br />location in an arm's length transaction. As used in this section, the <br />term "arm's length transaction" shall mean a sale in good faith and <br />for valuable consideration that reflects the fair market value in the <br />open market between two informed and willing parties, neither of <br />which is under any compulsion to participate in the transaction. A <br />sale between relatives, related companies or partners, or a sale for <br />which a significant purpose is avoiding the effect of the violations of <br />this article is not an arm's length transaction. <br /> <br />Sec. 18-97. Fees for license. <br /> <br />The fee to issue or to renew a tobacco retailer's license shall be set by <br />resolution of the City Council from time to time. The fee shall be calculated so as <br />not to exceed that amount which would recover the total cost of both license <br />administration and license enforcement, including, for example, issuing the <br />license, administering the license program, retailer education, retailer inspection <br />and compliance checks, documentation of violations, and prosecution of <br />violators. All fees shall be used exclusively to fund the program. Fees are <br />nonrefundable except as may be required by law. <br /> <br />Ordinance No. NS-XXX <br />Page 8 of 13 <br /> <br />758-13 <br />