Ordinance No. 05-1

AN ORDINANCE LICENSING AND REGULATING THE RETAIL SALE OF CIGARETTES AND CIGARETTE WRAPPERS

Table of Contents

Section 1. License Required.

No person shall directly or indirectly keep for retail sale, sell at retail, or otherwise dispose of any cigarette or cigarette wrapper at any place in the City, unless he shall have obtained a license therefore as provided herein.

Section 2. Application and Issuance.

Application for such license shall be made to the City Clerk on a form supplied by the City. Such application shall state the full name and address of the applicant, the location of the building, and the part intended to be used by the applicant under such license, the kind of business conducted at such location, and such other information as shall be required by the application form. Upon the filing of such application with the Clerk, it shall be presented to the City Council for its consideration, and if granted by the Council, a license shall be issued by the Clerk upon payment of the required fee.

Section 3. License Fee.

The fee for every such license shall be set by resolution of the City Council. Every such license shall expire on December 31 next after its issuance. For any license issued after January 31 in any year, the fee shall be pro-rated. Licenses shall not be transferable from one person to another.

Section 4. License Shall Be Displayed.

Every such license shall be kept conspicuously posted about the place for which the license is issued and shall be exhibited to any person upon request.

Section 5. Restrictions.

No license shall be issued except to a person of good moral character. No license shall be issued for the sale of cigarettes at a movable place of business; nor shall any license be issued for the sale of cigarettes at more than one place of business. No person shall sell or give away any cigarette, cigarette paper, or cigarette wrapper to any person below the age of 18 years. No person shall keep for sale, sell, or dispose of any cigarette containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine.

Section 6. Revocation.

Every such license may be revoked by the Council for a violation of any provision of this ordinance if the licensee has been given a reasonable notice and an opportunity to be heard.