[Adopted by Ord. No. 16-98]
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.
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]
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.
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.
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.