Chapter 5.20
REGULATION OF TOBACCO AND ELECTRONIC SMOKING DEVICE STORES
Sections:
5.20.090 Revocation of permit.
5.20.100 Suspension of permit.
5.20.010 Definitions.
For the purpose of permitting businesses in the city of Silverton, Oregon, the following definitions apply:
A. “Persons” means any natural person, business, employer, nonprofit entity, personal representative, receiver, trustee, assignee, all domestic and foreign corporations, associations, syndicates, partnerships of every kind, joint ventures, societies, individuals or any other legal entity including a government agency transacting and carrying on tobacco stores or electronic smoking device stores within the city limits.
B. “Tobacco store” means any establishment whose sales of tobacco products or electronic smoking devices, electronic smoking device paraphernalia or products meet or exceed 90 percent of the gross receipts of the establishment, and whose premises are not open to persons under 18 years of age. (Ord. 15-03 § 1, 2015; Ord. 00-127 § 1, 2000)
5.20.020 Purpose.
This chapter is enacted to require all tobacco stores to obtain a permit from the city prior to commencing business within the city limits. (Ord. 15-03 § 1, 2015; Ord. 00-127 § 1, 2000)
5.20.030 Permit required.
It shall be unlawful for any person to operate any tobacco store without having first obtained a permit from the city and the fee to be paid as established by resolution of the council.
Any tobacco store existing within the corporate boundaries of the city shall have 30 days in which to obtain a license. (Ord. 15-03 § 1, 2015; Ord. 00-127 § 1, 2000)
5.20.040 Duration of permit.
All tobacco store permits under this chapter are annual and shall expire on June 30th. The required application and permit fee are due on July 1st of each year for the fiscal year commencing with that date and are delinquent on August 1st. (Ord. 15-03 § 1, 2015; Ord. 00-127 § 1, 2000)
5.20.050 Permit application.
A. All tobacco store permits required under this chapter or any other chapter shall be issued by the city manager. The application for any permit shall contain the following information:
1. The description of the tobacco store activities carried on within the city.
2. The name of the applicant, with a statement of all persons having an interest in the business, either as proprietors or owners of the business.
3. The location in which the business is conducted.
4. The date of application.
5. The amount of money tendered with the application.
6. A statement whether the tobacco store premises will be open to minors.
B. The city manager shall refer each application to the appropriate departments for review. Review of the application shall be based on consideration of all available evidence as to whether the proposed tobacco store will meet the requirements of the City Charter and ordinances. The permit may not be granted if:
1. The activity to be permitted would not comply with city ordinances or state or federal laws.
2. The applicant fails to supply the information required, or submits misleading or false information, or submitted misleading or false information on a previous application.
C. Upon a favorable recommendation from each department, the city manager shall issue the permit. If it is determined that the application is denied, the city manager shall notify the applicant of the denial and the reason for denial. (Ord. 15-03 § 1, 2015; Ord. 00-127 § 1, 2000)
5.20.060 Fee amounts.
The initial license fee shall be $50.00. Nothing contained in this chapter may be construed as vesting any right in a permit or a contract obligation on the part of the city as to the amount of the fee. Other taxes or fees and the fees provided by council resolution may be increased, decreased, or created by the city. Any tobacco store may be reclassified at any time and other fees or taxes may be levied. No person who has received a permit and has paid the fee required under this chapter shall be entitled to any refund. (Ord. 15-03 § 1, 2015; Ord. 00-127 § 1, 2000)
5.20.070 False information.
It is unlawful for any person to supply false information in connection with any application required by this chapter with intent to obtain a permit or license required in this chapter. (Ord. 15-03 § 1, 2015; Ord. 00-127 § 1, 2000)
5.20.080 Violations.
The conviction of a person for violation of any provision of this chapter may not serve to relieve the person from paying the fee or penalty for which the person is liable. The payment of any fee may not bar or prevent legal prosecution of a complaint for the violation of any provision of this chapter. (Ord. 15-03 § 1, 2015; Ord. 00-127 § 1, 2000)
5.20.090 Revocation of permit.
Upon determination that a permitted tobacco store within the city violates city or county ordinances or state or federal laws, or that the application contains false or misleading information, the city manager may revoke the permit upon 10 days’ notice in writing to the permittee. The notice shall state the reasons for the revocation. (Ord. 15-03 § 1, 2015; Ord. 00-127 § 1, 2000)
5.20.100 Suspension of permit.
Upon determining that a permitted tobacco store presents an immediate danger to persons or property, the city manager may suspend the permit. The suspension takes effect upon the permittee’s receipt of the suspension notice, or upon delivery of the notice to the establishment of the permittee’s business address. The notice shall state the reason for the suspension. The city manager may continue a suspension as long as the reason for the suspension exists, or until a determination to an appeal regarding the suspension is made. (Ord. 15-03 § 1, 2015; Ord. 00-127 § 1, 2000)
5.20.110 Appeal.
A. Any person whose application for a permit has been denied, or whose permit has been denied renewal, has been suspended or has been revoked, may, within 30 days after the notice of denial, suspension, or revocation is mailed, appeal in writing to the city council. The appeal shall state:
1. The name and address of the appellant.
2. The nature of the determination being appealed.
3. The reason the determination is incorrect.
4. What the correct determination of the appeal should be.
B. An appellant who fails to file a statement within the time permitted waives all objections, and relinquishes all rights to appeal. If a notice of revocation is appealed, the revocation does not take effect until final determination of the appeal. At the hearing, the appellant may present testimony and oral argument. The decision of the council is final. (Ord. 15-03 § 1, 2015; Ord. 00-127 § 1, 2000)