Chapter 8.10
TOBACCO RETAIL LICENSES
Sections:
8.10.040 Nontransferability of license.
8.10.060 Vendor-assisted sales.
8.10.080 License holder penalties.
8.10.010 Definitions.
A. “License” means a license issued by the city of Central Point for the retail sale of tobacco products.
B. “Licensee” means the holder of a valid license for the retail sale of tobacco products.
C. “Minor” means any person under eighteen years of age.
D. “Self-service displays” means open display of tobacco products to which the public has access without the assistance of a store employee.
E. “Tobacco product” means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, or any other form of tobacco which may be utilized for smoking, chewing, inhalation, or other means of ingestion.
F. “Vendor-assisted” means retail sales wherein only employees have access to the tobacco product and assist the customer by supplying the tobacco product; the customer does not take possession of the tobacco product until after it is purchased. (Ord. 1806 §1(part), 2000).
8.10.020 License requirement.
A. It shall be a violation of this chapter for a retailer to sell tobacco products unless that retailer holds a valid license from the city, issued at City Hall, for each location in which tobacco products are to be sold. All such licenses shall be renewed annually on or before July 1st.
B. Any license issued in accordance with the provisions of this chapter shall remain the property of the city, and upon expiration, revocation, or suspension, shall be returned to the city. If a license is lost or destroyed, it may be replaced upon payment by the applicant of a ten dollar fee.
C. Violations of this section shall be punishable by a fine of five hundred dollars for each day a violation occurs. (Ord. 1806 §1(part), 2000).
8.10.030 License fee.
No tobacco retailer’s license shall be issued or continue to be valid unless the holder thereof has paid a fee of ten dollars on or before July 1st of each year. (Ord. 1806 §1(part), 2000).
8.10.040 Nontransferability of license.
Licenses shall be nontransferable, except that a new license will be issued upon application to an eligible tobacco retailer who changes locations. (Ord. 1806 §1(part), 2000).
8.10.050 Sales to minors.
It shall be a violation of this chapter for a retailer (including employees) to sell or otherwise provide any tobacco product to a minor. (Ord. 1806 §1(part), 2000).
8.10.060 Vendor-assisted sales.
It shall be a violation of this chapter for any person, business, or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product by means of self-service displays or any means other than vendor-assisted sales, except for vending machine sales in taverns, cocktail lounges, industrial plants as defined in ORS 308.408, hotels, and motels. (Ord. 1806 §1(part), 2000).
8.10.070 Nonretaliation.
It shall be a violation of this chapter for any person or employer to discharge, refuse to hire, or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reports or attempts to prosecute any violation of this chapter. (Ord. 1806 §1(part), 2000).
8.10.080 License holder penalties.
A. Any licensee who violates any provision of this chapter other than Section 8.10.020 shall be assessed penalties and/or have their license suspended as follows:
1. In the case of a first violation within two years, the licensee shall be fined two hundred dollars and shall be notified in writing of penalties to be levied for further violations.
2. In the case of a second violation within a two-year period, the licensee shall be fined three hundred and fifty dollars and the license suspended for forty-five days.
3. In the case of three or more violations within a two-year period, the licensee shall be fined five hundred dollars and the license revoked for six months; the revoked retailer shall be ineligible to apply for a new license, at any location, for six months after the effective date of the revocation.
B. Failure to pay a fine levied under this chapter within thirty days of the date the fine becomes effective shall result in the suspension of the licensee’s license until such fines are paid.
C. During any suspension or revocation of a license under this section, the retailer so suspended may not sell tobacco products and must remove all tobacco products from all retail areas. (Ord. 1806 §1(part), 2000).
8.10.090 Notice.
A. Prior to the imposition of a fine, or the denial, revocation or suspension of a license issued under this chapter, the city manager shall provide written notice, by regular mail and certified mail, return receipt requested, to the holder of said license. The notice shall contain the following information:
1. The name and title of the person issuing the notice;
2. The date on which the fine, suspension, denial or revocation will become effective;
3. The reason for the fine, revocation, denial or suspension;
4. That the licensee may request a hearing regarding the fine, revocation, denial or suspension;
5. That the request for a hearing must be made in person or in writing and received by the city manager within ten days after receipt of the notice;
6. That failure to appear in person or through mail received by the city manager within ten days after receipt of the notice or by the notices’ return by the postal service shall act as a waiver of the right to a hearing and the fine, revocation, denial or suspension will, if applicable, become effective on the date included in the notice. (Ord. 1969 §1(part), 2013; Ord. 1806 §1(part), 2000).
8.10.100 Hearing.
A. Upon request for a hearing as provided in Section 8.10.090, a hearing shall be held before a hearings officer appointed by the city manager. The city manager may act as the hearings officer. The hearing shall be set and conducted within forty-eight hours of receipt of the request, with holidays, Saturdays, and Sundays excluded. The hearing can be set for a later day if the applicant or licensee so requests.
B. At the hearing, the applicant or licensee may contest the denial, fine, revocation, or suspension.
C. If the hearings officer finds that the fine, denial, suspension, or revocation is in accordance with this chapter, then that fine, denial, suspension, or revocation shall take effect immediately.
D. If the applicant or licensee does not appear at the scheduled hearing, the hearings officer shall enter an order supporting the denial, fine, revocation, or suspension of the licensee or applicant. (Ord. 1969 §1(part), 2013; Ord. 1806 §1(part), 2000).