No person, firm or corporation shall, in any manner, directly
or indirectly, upon any premises, or by any device, sell, exchange,
barter, dispose of or give away, or keep for sale, any cigarette,
cigarette paper or cigarette wrappers, or any substitute therefor,
without first obtaining a license as hereinafter provided.
Every person, firm or corporation desiring a license under this
article shall file with the City Clerk a written application therefor,
stating the name of the person and the place for which such license
is desired. Each license shall be filed by the City Clerk and shall
name the licensee and the place wherein he/she is authorized to conduct
such business, and the same shall not be delivered until the applicant
shall pay to the City Clerk a license fee of as prescribed in the
City's fee schedule.
[Amended 5-29-2012 by Ord. No. 08-12]
Licenses for the sale, exchange, barter, disposition of, or
giving away or keeping for sale of cigarettes, cigarette paper or
cigarette wrappers or any substitute therefor shall be issued by the
City Clerk. Each license shall be issued with an effective date of
July 1 (but may be issued by the City prior to that date), or thereafter
whenever applied for, and shall continue in force from date of issuance
until the succeeding June 30 unless sooner revoked for any violation
of this article.
No retailer, manufacturer, distributor, jobber or subjobber,
no agent, employee or independent contractor of a retailer, manufacturer,
distributor, jobber or subjobber and no agent or employee of an independent
contractor may sell or provide for nominal or no consideration cigarettes
or tobacco products to any person under the age of 18. A vending machine
operator is not liable under this section for the purchase of cigarettes
or tobacco products from his or her vending machine by a person under
the age of 18 if the vending machine operator was unaware of the purchase.