Chapter 8-Cigarette License

3-8-1 DEFINITIONS
3-8-2 PERMIT REQUIRED
3-8-3 EXPIRATION
3-8-4 FEES
3-8-5 REFUNDS
3-8-6 REVOCATION
3-8-7 PERMITS NOT TRANSFERABLE
3-8-8 DISPLAY

3-8-1 DEFINITIONS. For use in this Ordinance the following terms are defined:

1. The term “cigarette” shall mean any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and irrespective of being flavored, adulterated or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any other material. It also shall mean cigarette papers, wrappers and tubes. It shall further include cigarellos provided their weight does not exceed three (3) pounds per thousand. However, this definition shall not be construed to include cigars.

2. The term “retailer” shall mean every individual, firm, corporation or other association that sells, distributes or offers for sale for consumption, or possesses for the purpose of sale for consumption, cigarettes, irrespective of the quality or amount or the number of sales.

3. The term “place of business” shall mean any building or structure in which cigarettes are sold, or are kept for the purpose of sale, by a retailer.

3-8-2 PERMIT REQUIRED. No retailer shall distribute, sell or solicit the sale of any cigarettes within the City of Maquoketa, Iowa, without a valid permit for each place of business. The permit shall be displayed publicly in the place of business so that it can be seen easily by the public.

3-8-3 EXPIRATION. Permits expire on June 30 of each year.

3-8-4 FEES. The fee for permits issued or renewed in July, August, or September is $75. The fee for permits issued in October, November or December is $55.25; in January, February or March, $36.50; and in April, May or June, $18.75.

Upon issuance of the permit by the Council, the Clerk shall forward the fee to the City Treasurer.

3-8-5 REFUNDS. A retailer may surrender an unrevoked permit in July, August, or September for a refund of $55.25; in October, November, or December, for $36.50; or in January, February or March, for $18.75.

3-8-6 REVOCATION.

1. If a retailer or employee of a retailer has violated Section 453A.2, 453A.36, subsection 6 or 453A.39, Code of Iowa, the City Council, in addition to the other penalties fixed for such violations in this section, shall assess a penalty after giving the permit holder an opportunity to be heard, upon ten (10) days written notice, stating the reasons for the contemplated action and the time and place at which the person may appear and be heard, as follows:

a. For a first violation, the retailer shall be assessed a civil penalty in the amount of three hundred dollars ($300.00). Failure to pay the civil penalty as ordered under this subsection shall result in automatic suspension of the permit for a period of fourteen (14) days.

b. For a second violation within a period of two (2) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) or the retailer’s permit shall be suspended for a period of thirty (30) days. The retailer may select its preference in the penalty to be applied under this paragraph.

c. For a third violation within a period of three (3) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) and the retailer’s permit shall be suspended for a period of thirty (30) days.

d. For a fourth violation within a period of three (3) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) and the retailer’s permit shall be suspended for a period of sixty (60) days.

e. For a fifth violation within a period of four (4) years, the retailer’s permit shall be revoked.

f. If an employee of a retailer violates section 453A.2, subsection 1, the retailer shall not be assessed a penalty under subsection 2, and the violation shall be deemed not to be a violation of section 453A.2, subsection 1, for the purpose of determining the number of violations for which a penalty may be assessed pursuant to subsection 2, if the employee holds a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.2A at the time of the violation. A retailer may assert only once in a four (4) year period the bar under either this subsection or subsection 2B against assessment of a penalty pursuant to subsection 2, for a violation of section 453A.2, that takes place at the same place of business location.

g. If an employee of a retailer violates section 453A.2, subsection 1, the retailer shall not be assessed a penalty under subsection 2, and the violation shall be deemed not to be a violation of section 453A.2, subsection 1, for the purpose of determining the number of violations for which a penalty may be assessed pursuant to subsection 2, if the retailer provides written documentation that the employee of the retailer has completed an in-house tobacco compliance employee training program or a tobacco compliance employee training program which is substantially similar to the I Pledge program which is approximately one (1) hour in length as developed by the alcoholic beverages division of the Department of Commerce. A retailer may assert only once in a four (4) year period the bar under this subsection against assessment of a penalty pursuant to subsection 2, for a violation of section 453A.2, that takes place at the same place of business location.

2. If a retail permit is suspended or revoked under this section, the suspension or revocation shall only apply to the place of business at which the violation occurred and shall not apply to any other place of business to which the retail permit applies but at which the violation did not occur.

3. The City Clerk shall report the suspension or revocation of a retail permit under this section to the Iowa Department of Public Health within thirty (30) days of the suspension or revocation of any retail permit.
(Ord. 991, Passed April 19, 2004)
(Code of Iowa, Sec. 453A.22)

3-8-7 PERMITS NOT TRANSFERABLE. A permit shall not be transferable to another place of business or retailer. However, if a retailer who holds a valid permit changes his place of business, the Council, if it decides to issue a new permit to him, shall not charge any additional fee for the unexpired term of the original permit if the retailer has not received a refund for surrender of the original permit.

3-8-8 DISPLAY. The permit shall be displayed publicly in the place of business so that it can be seen easily by the public.