Agenda - Council - 11/23/2021 - Laserfiche WebLink

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or tobacco -related device. This article shall not apply to minors lawfully involved in a compliance check. (5) Use of false identification. It shall be a violation of this article for any minor to attempt to disguise his their true a use of a false form of identification, whether the identification is that of another person or one on which the person has been modified or tampered with to represent an age older than the actual age of the person. (6) Entering of exclusive tobacco stores. It is unlawful for a person under 1821 years to enter an exclusive tobacco store for the purpose of purchasing tobacco or tobacco products, or for any other purpose. (Code 1978, § 7.93.11) Sec. 26-759. - Exceptions and defenses. Nothing in this article shall prevent the providing of tobacco, tobacco products, or tobacco -related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of age as described by state law. (Code 1978, § 7.93.14) Secs. 26-760-26-786.- Reserved DIVISION 2 - LICENSE Sec. 26-787. - Required; application; term. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco -related device without first having obtained a license to do so from the city. (1) Application. An application for a license to sell tobacco, tobacco products, or tobacco -related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the city clerk shall determine that an application is incomplete, he shall return the application to the applicant with notice of the information necessary to make the application complete. (2) Action. The city council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the city council shall approve the license, the city clerk shall issue the license to the applicant. If the city council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision. (3) Term. The license shall be effective from January 1 to December 31 of each year, unless otherwise provided in this Code. If the date of application is after January 1, then the effective date shall be the date the application is approved by city council through December 31 of that year. (4) Revocation or suspension. Any license issued under this article may be revoked or suspended as provided in this article. (5) Transfers. All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to anotherlocation or person shall be valid without the prior approval of the city council. (6) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this article. (7) Display. Ordinance #21-21 Page 6 of 8