Article III — Retail Licenses

• A. License required. It is unlawful for a person or retailer who, within the last 12 months, has been determined to be in violation of a provision of this chapter, or applicable state or federal law governing the sale and distribution of any tobacco product, electronic smoking device or electronic smoking device paraphernalia, to sell or offer for sale any tobacco product within the city without first obtaining and maintaining a retailer's license from the city.

It is unlawful for any retailer who is required to have a retailer's license pursuant to this article to sell or offer for sale any tobacco products if the license has been suspended under PHMC § 9.45.360.

A retailer's license shall be obtained from the chief of police.

• B. Term of license – Obligation to maintain. A license is valid for three years, and a person or retailer subject to this license requirement must maintain the license during the three-year period. If there are no further violations of any laws regulating the sale or distribution of tobacco products in that three-year period, a retailer's license will no longer be required.

• (Formerly 9.45.240; 1991 code § 9-3.10; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015; Ord. 952 § 11, 2022)

An application for a retailer's license shall be submitted in the name of the person or retailer who, following a finding of violation as specified in PHMC § 9.45.300, proposes to conduct retail tobacco sales on the business premises. The application shall be signed by the person or retailer or its authorized agent. The application shall be submitted on a form provided by the city and shall contain the following information:

• A. The name, address, and telephone number of the applicant;

• B. The business name, address, and telephone number where the tobacco product is to be sold; and

• C. Such other information as the chief of police determines is reasonably necessary for implementation of this article.

• (Formerly 9.45.250; 1991 code § 9-3.11; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015; Ord. 952 § 12, 2022)

Upon receipt of a completed application for a retailer's license, including payment of the license fee, the chief of police will issue a license. A license may not be issued if there are continuing, uncorrected violations.

(Formerly 9.45.260; 1991 code § 9-3.12; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015)

The fee for a retailer's license shall reflect the actual cost of processing the license, including inspection of the retailer's business premises and implementation of the licensing program, as established by resolution of the city council. The fee shall not exceed $500.00 annually. (Formerly 9.45.270; 1991 code § 9-3.13; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015)

The license must be prominently displayed at the location where tobacco retail sales are conducted.

(Formerly 9.45.280; 1991 code § 9-3.14; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015; Ord. 952 § 13, 2022)

The retailer's license is nontransferable. If there is a change in location, a new retail license will be issued for the new address upon receipt of an application for change of location. The new license will retain the same expiration date as the previous one.

(Formerly 9.45.290; 1991 code § 9-3.15; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015)

• A. Suspension of license. In order to discourage violations of law, a retailer's license may be suspended if the chief of police finds that the licensee or his or her employee has violated any law regulating the sale or distribution of tobacco products, electronic smoking devices or electronic smoking paraphernalia. (See PHMC § 9.45.300.A.) The chief may suspend the license only after giving the licensee notice and a reasonable opportunity to be heard on the matter. The chief shall put his or her findings in writing.

• B. Time period of suspension.

  1. The first time that the chief finds a violation occurred, the license to sell tobacco products may be suspended for up to 60 days.

  2. After the second time that the chief finds a violation occurred within a 12-month period, the license to sell tobacco products may be suspended for up to 120 days.

  3. After the third and each subsequent time that the chief finds a violation occurred within a 12-month period, the license to sell tobacco products may be suspended for up to one year.

• C. Appeal of suspension. A decision of the chief to suspend a retailer's license may be appealed to the city manager or his or her designee.

• (Formerly 9.45.300; 1991 code § 9-3.16; Ord. 737 § 2, 1999; Ord. 892 § 1, 2015; Ord. 952 § 14, 2022)

The city may enforce this article by any means authorized in PHMC Chapter 1.25, including an administrative citation under PHMC Chapter 1.35.

(Formerly 9.45.310; 1991 code § 9-3.17; Ord. 737 § 2, 1999; amended during 2005 recodification; Ord. 892 § 1, 2015)

Article IV

Sales Of Flavored Tobacco Products And Sales Of Electronic Smoking Devices Prohibited

• A. No person or tobacco retailer shall sell, or offer to sell, any flavored tobacco product.

• B. There shall be a rebuttable presumption that a tobacco retailer in possession of four or more flavored tobacco products, including but not limited to individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or offer for sale.

• C. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer's agents or employees, in the course of their agency or employment, has:

  1. Made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor including, but not limited to, text, color, and/or images on the product's labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor; or

  2. Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.

• D. The provisions of this section shall not apply to loose leaf tobacco or cigars. (Ord. 952 § 15, 2022)

No person or tobacco retailer shall sell, or offer to sell, any electronic smoking device or electronic smoking device paraphernalia.

(Ord. 952 § 15, 2022)

Notwithstanding any other provision of this article, hookah tobacco businesses with valid retailer's licenses issued pursuant to this chapter shall be exempt from the requirements of this chapter; provided, that such businesses qualify as an adult-only business and operate in accordance with all relevant state and local laws relating to the sale of tobacco products and tobacco paraphernalia.

(Ord. 952 § 15, 2022)

Any violation of this article is hereby declared a public nuisance. (Ord. 952 § 15, 2022)

Nothing in this article shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by federal or state law.

(Ord. 952 § 15, 2022)

The city may enforce this article by any means authorized in PHMC Chapter 1.25, including an administrative citation under PHMC Chapter 1.35.

(Ord. 952 § 15, 2022)