ORD 2209 - Laserfiche WebLink

Ordinance 2209 Page 6 of 11 A. A tobacco retailer permit may not be transferred from one person to another or from one location to another. A new permit is required if a tobacco retailing location has a change in proprietor, or a person issued a permit changes a business location for tobacco retailing. B. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and permit ineligibility periods shall continue to apply to a location unless: 1. The location has been transferred to new proprietor in an arm's length transaction; and 2. The new proprietor provides the city with clear and convincing evidence that the new proprietor has acquired or is acquiring the location in an arm's length transaction. 9.32.130 Compliance Monitoring. Compliance with this chapter shall be monitored by the community development department. In addition, any peace officer may enforce the provisions of this chapter. The city manager may designate additional persons to monitor compliance with this chapter. A minimum of two compliance visits to each tobacco retailer permit location shall occur each year. Nothing in this section creates a right of action in any permittee or other person against the city or its agents. Any and all investigating officials of the city shall have the right to enter a tobacco retailer or tobacco store's business location from time to time during regular business hours to make reasonable inspections, including review of financial records to determine the percentage of gross receipts related to the sale of tobacco products and tobacco paraphernalia, to observe and enforce compliance with state or federal laws, provisions of this chapter, and provisions of the municipal code. 9.32.140 Violation. A. It is a violation of this chapter to do any of the following: 1. Conduct tobacco retailing without a permit; 2. Conduct tobacco retailing at a location that is not permitted; 3. Conduct tobacco retailing at a location that is not fixed; 4. Conduct tobacco retailing that involves the delivery of tobacco products or tobacco paraphernalia from a fixed location in the city to a customer at a different location in the city; 5. Fail to fulfill the permittee obligations set forth in Section 9.32.070; 6. Sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any flavored tobacco product prohibited by Section 9.32.030; 7. Sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any electronic smoking device and related paraphernalia device prohibited by Section 9.32.050;