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retailer's license and submit the license fee no later than thirty (30) days prior to expiration of the term. (b) A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To reinstate a license that has expired, or to renew a license not timely renewed pursuant to subparagraph (a), the proprietor must: (1) Submit the license fee plus a reinstatement fee of ten percent (10%) of the license fee; (2) Submit a signed affidavit affirming that the proprietor: (A) Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or (S) Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in Section 18-101(a) of this article, before seeking renewal of the license. Sec. 18-96. License nontransferable. (a) A tobacco retailer's license may not be transferred from one person to another or from one location to another. Whenever a tobacco retailing location has a change in proprietors a new tobacco retailer's license is required. (b) Notwithstanding any other provision of this article, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless: (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. 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 shail be calculated so as not to exceed that amount which would recover the total cost of both license administration and Ordinance No. NS.2729 Page 7 of 12