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6.1. SR 07-21-2008
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6.1. SR 07-21-2008
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-7- <br />(7) Failure to pay the yearly application fee. <br />(d) Where a reasonable basis is found by the council to impose reasonable restrictions on the <br />license, taking into consideration one or more of the facts or circumstances, the council may <br />upon issuance or renewal of a license impose such reasonable conditions and restrictions on <br />the manner and circumstances under which the licensed activity shall be conducted to preserve <br />the public peace and protect and promote good order and security. <br />(e) Failure of any person to comply with any of the ordinances of the city or the laws of the state <br />shall be grounds for denying or revoking a license granted under this division. If a license is <br />proposed to be denied or revoked by the City Council, the city must notify the applicant with <br />the reason(s). The applicant shall be allowed an opportunity for a hearing pursuant to Chapter <br />38, Article II of this Code. <br />Sec. 26-70. License not to be issued for moveable place of business. <br />No license shall be issued under this division to a moveable place of business. Only fixed location <br />businesses shall be eligible to be licensed under this division. <br />Sec. 26-71. No Transfers. <br />(a) All licenses issued under this division shall be valid only on the premises for which the license <br />was issued and only for the person to whom the license was issued. No transfer of any license <br />to another location or person shall be valid. Relocation or sale of the business shall require the <br />approval and issuance of a new license. <br />(b) Transfer of 25 percent or more of the ownership interest of a business entity, or of a <br />controlling interest of it, whichever is less, will be deemed a sale of the business. If the licensee <br />is a business entity that is wholly owned by another entity, the same provisions about the <br />transfer of ownership or a controlling interest will apply to the parent entity and any second <br />parent entity that wholly owns the parent entity. <br />(c) A sale of the business as defined in this section without the approval and issuance of a new <br />license shall xesult in the unlicensed sale of tobacco, tobacco products, and tobacco related <br />devices. Transfer of this amount of ownership interest without prior Council approval is a <br />ground for revocation or suspension of the license. In addition, each day the licensee operates <br />under the license after a transfer has taken place without obtaining Council approval will be a <br />separate violation of this ordinance. <br />Sec. 26-72. Posting. <br />All licenses issued under this division shall be posted and displayed in plain view of the general public <br />on the licensed premises. <br />Sec 26-73. Penalty <br />(a) Licensees. <br />Any licensee found to have violated this article, or whose employee has violated this. article, <br />shall be charged an administrative penalty of $75.00 for a first violation of this article, $200.00 <br />for a second offense at the same licensed premises within a 24-month period, and $250.00 for a <br />S:\Administration\Licenses\Tobacco\Ordinance Amendment 2007\Ordinance Final Tobacco May 09.doc <br />
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