[HISTORY: Adopted by the Town Council of
the Town of Coventry 3-26-2001 by Ord. No. 1-01-0223 (Ch. 8, Art. VIIIA,
of the 1991 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any sale of tobacco products to and/or by a person who is
less than 18 years of age.
Any substance containing tobacco leaf, including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco,
or dipping tobacco.
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens, or any other form of payment,
dispenses tobacco products.
It shall be unlawful to sell or offer for sale,
to give away, deliver or to keep with the intention of selling, giving
away or delivering tobacco products within the Town of Coventry without
having first obtained a tobacco dealer's license pursuant to this
chapter. Such license shall be in addition to any other license required
by state and/or federal law. Failure to obtain a license shall result
in a fine of $300.
A.
Application for a Coventry tobacco dealer's license
shall be made in writing to the office of the Coventry Town Clerk.
B.
Application for a tobacco dealer's license shall be
issued administratively by the Town Clerk for a term of five years.
All tobacco dealer's licenses shall expire together on the last day
of August and shall not be issued for more than 60 months. All retailers
holding valid state tobacco licenses upon the adoption date of this chapter
shall receive a Coventry tobacco dealer's license and no fee shall
be required. Any individual, corporation, partnership, retailer, or
any other organization shall obtain a valid state tobacco license
prior to approval for a Coventry tobacco dealer's license.
A person who holds a license issued under this
chapter, or any employee or agent of same, is prohibited from selling,
distributing, or delivering any tobacco products to any individual
who is under 18 years of age, whether said tobacco is sold, distributed,
or delivered in person or via vending machine.
A.
The Coventry Police Department shall enforce this
chapter. All tobacco dealer's license holders shall be subject to
a compliance check at least twice a year, with violators being checked
more frequently until two consecutive checks are completed without
a violation.
B.
If an alleged violation occurs, the Coventry Police
Department shall issue a citation that will require the tobacco dealer's
license holder to appear in Coventry Municipal Court. If, after a
hearing, it has been proven by a preponderance of the evidence that
a violation is found to have occurred, the Coventry Municipal Court
may impose a fine of $300 for the first offense, $300 for the second
offense, $300 together with a fifteen-day suspension of the tobacco
dealer's license for the third offense, $300 together with a sixty-day
suspension of the tobacco dealer's license for the fourth offense, and
$300 together with a ninety-day suspension of the tobacco dealer's
license for the fifth offense. For the sixth offense, the tobacco
dealer's license shall be revoked. If a holder of a tobacco dealer's
license maintains said license for 48 consecutive months without a
violation, any new violation will be treated as the first offense.
In addition to all fines, the Coventry Municipal Court may impose
court costs. All fine money, with the exception of court costs, shall
be placed in a separate account to be used by the Coventry Police
Department for the purpose of conducting tobacco compliance checks.
During the period of any suspension of a tobacco
dealer's license, the holder of the tobacco dealer's license shall
remove all tobacco products from the shelves and secure them in a
locked area for the duration of the suspension. If, at any time during
the suspension period, the license holder is found to be selling,
distributing, or delivering any tobacco products, the license shall
be revoked.
Businesses which have vending machines shall be subject to the same fines and penalties as described in § 222-5 of this chapter. Suspension of a tobacco dealer's license shall result in the vending machine being removed from the licensed location for the suspended period. Revocation will result in the permanent removal of the vending machine from the licensed location.
