Chapter 5.03
TOBACCO LICENSES

Sections:

5.03.010    Borough license for tobacco businesses – Issuance, denial, renewal, and transfer.

5.03.020    Display of license – Suspension or revocation by borough – Surrender.

5.03.030    Refund of license fee.

5.03.010 Borough license for tobacco businesses – Issuance, denial, renewal, and transfer.

A. License Required. No person may sell, purchase, possess or acquire cigarettes or tobacco products in the borough as a manufacturer, distributor, direct-buying retailer, vending machine operator or buyer without a license issued under this chapter.

B. Issuance of License. The department, upon application and payment of the fee, shall issue a license to each manufacturer, distributor, direct-buying retailer, vending machine operator or buyer. A copy of the applicant’s current state of Alaska business license is required and must accompany the application. The application must include the following information:

1. The applicant’s name and address;

2. The name under which the cigarette or tobacco products business will be conducted;

3. The applicant’s cigarette or tobacco products business categories as a manufacturer, distributor, direct-buying retailer, vending machine operator or buyer;

4. In the case of a vending machine operator, the number of vending machines which will be operated; and

5. Other information required by the department’s application form.

C. Denial of License. The department may refuse to issue a license if there is reasonable cause to believe that the applicant has willfully withheld information that the borough has requested to determine the applicant’s eligibility to receive a license, or if there is reasonable cause to believe that information submitted in the application is false or misleading, and has not been made in good faith.

D. Other Licensing Requirements. A license required by this chapter is in addition to any other license required by law.

E. Contents of License. A license issued under this chapter shall include:

1. The name and address of the licensee;

2. The type of business to be conducted;

3. The address at which the business is conducted; and

4. The years for which the license is issued.

F. Application Fee. Each application for a license under this section must be accompanied by a license fee in the amount of $100.00.

G. Expiration and Renewal of License. A license issued under this chapter expires on December 31st of each respective year. A licensee, on application to the department accompanied by the renewal fee, may, before the expiration of the license, renew the license for two years from the expiration date of the license. If the licensee moves the business to another location within the borough, the licensee shall, upon application to the department, be reissued a license for the new location for the balance of the unexpired term. A person whose license is lost, stolen or defaced shall immediately file an application with the department for reissuance of the license for the balance of the unexpired term.

H. Transfer of License. A license issued under this chapter is not assignable or transferable. However, in the case of death, bankruptcy, receivership on incompetency of the licensee, or if the business of the licensee is transferred to another person by operation of law, the department may in its discretion extend the license for a limited time to the executor, administrator, trustee or receiver, or the transferee of the licensee. [Ord. FY2018-04B §3, 2017; Ord. FY2018-04 §2, 2017. Formerly 3.80.050].

5.03.020 Display of license – Suspension or revocation by borough – Surrender.

A. A license issued under this chapter must be prominently displayed at the licensee’s place of business.

B. The department may suspend or revoke a license issued under this chapter:

1. For violation of this chapter or a regulation of the borough adopted pursuant to this chapter; or

2. If a licensee ceases to act in the capacity for which the license was issued.

C. A licensee shall surrender a license to the borough within 10 days after:

1. A revocation of a license;

2. A cessation of business;

3. A change of ownership of; or

4. A change of a place of business.

D. No person whose license is suspended or revoked shall sell cigarettes or tobacco products or permit cigarettes or tobacco products to be sold during the period of the suspension or revocation on the premises occupied or controlled by that person. No disciplinary proceeding or action is barred or abated by the expiration, transfer, surrender, renewal or extension of a license issued under this chapter. [Ord. FY2018‑04B §3, 2017; Ord. FY2018-04 §2, 2017. Formerly 3.80.060].

5.03.030 Refund of license fee.

A. The department shall not refund the license fee paid pursuant to this chapter upon the surrender or revocation of a license after the beginning of the license year. Upon application, the department will refund a license fee that is paid or collected in error.

B. If a remittance by a licensee exceeds the amount due, and the department, on audit of the account in question, is satisfied that this is the case, the department shall, upon written request of the licensee, refund the excess to the licensee without interest.

C. Any claim for refund filed more than one year after the due date of the tax is forever barred. [Ord. FY2018-04B §3, 2017].