Chapter 5-116
TOBACCO DEALERS
Sections:
5-116-010 License required—Application.
5-116-060 Responsibility for license.
5-116-010 License required—Application.
A. No person shall engage in the sale at retail of cigarettes, cigars or tobacco in any form, without obtaining a license as provided in this chapter, whether or not such sale is made by an automatic vending device.
B. Applications for such licenses shall be made in writing to the clerk, and he shall cause an inspection to be made of the character of the applicant. No such license shall be issued to any person who is not a person of good character. (Prior code § 5-20-1)
5-116-020 Fee.
The annual fee for a cigarette, cigar and tobacco dealers license shall be one hundred dollars ($100.00). (Ord. 3316 § 2 (part), 2015: Ord. 3221 § 31, 2009; Ord. 2770 § 1 (part), 1992: Ord. 1921 (part), 1972; prior code § 5-20-2)
5-116-030 Sanitation.
Premises and buildings used for the sale of cigarettes, cigars and tobacco in any form must be kept in a clean and sanitary condition. The chief of police or the health inspector shall inspect such premises frequently enough to insure compliance with this section. (Prior code § 5-20-3)
5-116-040 Minors.
No minor under eighteen (18) years of age shall buy any cigar, cigarette, smokeless tobacco or tobacco in any of its forms. No person shall sell, buy for, distribute samples of or furnish any cigar, cigarette, smokeless tobacco or tobacco in any of its forms, to any minor under eighteen (18) years of age. For purposes of this section, “smokeless tobacco” means any tobacco products that are suitable for dipping or chewing. (Ord. 2910 § 5 (par. E. (part)), 1995: prior code § 5-20-4)
5-116-050 License display.
Where a license is issued under this code for a vending machine selling cigarettes, cigars or tobacco products, each such license shall be affixed on the face of the machine for which it is issued so that it is clearly visible upon inspection of the machine. Other licensees shall display their license in a suitable, prominent place in the premises. (Ord. 2910 § 5 (Par. E. (part)), 1995)
5-116-060 Responsibility for license.
The proprietor of the premises where cigarettes, cigars or tobacco is sold, whether by vending machine or other means, shall be responsible for payment of the license fee and if vending machines are utilized, the proprietor shall be responsible for each such machine on the premises. Sale of cigarettes, cigars or tobacco without a license, whether by automatic vending machine or other means, shall be deemed a violation of this chapter. (Ord. 2910 § 5 (Par. E. (part)), 1995)
5-116-070 Violation—Penalty.
Any person who violates the provisions of this code shall, upon conviction thereof, be fined one thousand dollars ($1,000.00) for the first offense, five thousand dollars ($5,000.00) for the second offense and ten thousand dollars ($10,000.00) for the third or more offenses. Each day that a violation continues shall be deemed a separate and distinct offense. A person violating the provisions of this chapter may receive separate citations for each unlicensed machine on the premises. (Ord. 3316 § 2 (part), 2015; Ord. 2910 § 5 (Par. E. (part)), 1995)