[Adopted by Ord. No. 16-98]
A.Â
No person shall in any manner or upon any pretense
or by any device directly or indirectly sell, expose for sale, possess
with intent to sell, exchange, barter, dispose or give away any cigarettes
or tobacco products to any persons not holding a license as provided
under W.S.A. s. 134.65 or a permit under W.S.A. ss. 139.30 to 139.41
or 139.79 without first obtaining a license from the City Clerk.
B.Â
Upon filing of a proper written application, a license
shall be issued on July 1 of each year or when applied for and continue
in force until the following June 30 unless sooner revoked. The fee
for the license is $100, which shall be paid to the City Clerk before
the license is issued. No license shall be issued if the applicant
is delinquent in payment of any taxes, assessments, forfeitures for
violations of City ordinances, utility bills, or any other claims
owed to the City.
[Amended 3-12-2012 by Ord. No. 3-12]
C.Â
Each such license shall name the licensee and specifically
describe the premises where such business is to be conducted. Such
license shall not be transferable from one person to another nor from
one premises to another.
Every licensed retailer shall keep complete
and accurate records of all purchases and receipts of cigarettes and
tobacco products. Such records shall be preserved on the licensed
premises for two years in such a manner as to ensure permanency and
accessibility for inspection and shall be subject to inspection at
all reasonable hours by authorized state and local law enforcement
officials.
A.Â
Any person violating this article shall be fined not
more than $100 nor less than $25 for the first offense and not more
than $200 nor less than $25 for the second or subsequent offense.
If upon such second or subsequent violation the person so violating
this article was personally guilty of a failure to exercise due care
to prevent violation thereof, the person shall be fined not more than
$300 nor less than $25 or imprisoned not exceeding 60 days, or both.
B.Â
Conviction shall immediately terminate the license
of the person convicted of being personally guilty of such failure
to exercise due care, and the person shall not be entitled to another
license hereunder for a period of five years thereafter, nor shall
the person in that period act as the servant or agent of a person
licensed hereunder for the performance of the acts authorized by such
license.