5.160.020 Regulation.
(a) License Required. From and after 30 days of the effective date of this chapter, it shall be unlawful for a person to sell or otherwise dispense tobacco and/or novelty items via retail unless the premises from which the items are sold or dispensed is licensed as provided herein.
(b) Application for License. Any person desiring to license a premises for the sale of tobacco/drug paraphernalia and/or novelty items within the corporate limits of the City of Topeka shall first make application at the City Clerk’s office and submit an application fee of $500.00. Each such license shall be effective for one calendar year from the date of issuance. The application shall be made upon a form approved by the City Attorney and shall be completed by submitting the following information:
(1) The name, address, and telephone number of the applicant and length of time the applicant has resided at the address given;
(2) The name and address of the owner of the property upon which the premises is located (if different from the applicant);
(3) The name, address, and telephone number of the location of the premises desired to be licensed; and
(4) A sworn statement that the applicant is a citizen of the United States and not less than 21 years of age, and that he or she has not within the last five years immediately preceding the date of application been convicted of a felony or misdemeanor involving the sale, distribution or use of tobacco, tobacco products, tobacco paraphernalia, or of any controlled substance. A diversion granted for any of the offenses enumerated in this section shall be considered a conviction.
(c) Issuance of License. Within 30 days of receiving the application, the City Clerk shall notify the applicant as to whether the license has been granted or rejected. In the event a license is rejected, the City Clerk shall refund any license fee paid and advise the applicant in writing of the reasons for such action within 15 days of said denial.
(d) Annual Reapplication. Any person desiring to renew a license issued pursuant to this chapter by the City shall make reapplication at the office of the City Clerk not more than 60 days prior to the expiration of an existing license. Each such reapplication shall be accompanied by a $500.00 license fee. The reapplication shall be verified and made upon the same form as an application.
(e) Transfer of License. A license issued pursuant to this chapter shall not be transferable to any other person or premises.
(f) Receipt, Issuance and Display of License. The City Clerk shall issue to the license holder a receipt showing that the license application fees have been paid and that such payment shall be the payment in full for the term of the license as shown by the certified copy of the license as authorized by the City Clerk. The license shall be prominently displayed at the licensee’s premises.
(g) Denial or Revocation of License. The City may deny or revoke a license for any of the following reasons:
(1) False or misleading information or data was given on any application or material facts were omitted from any application;
(2) The fee required to be paid by this chapter is not paid in full; and/or
(3) The applicant or licensee has been convicted of any crime set forth in subsection (b) of this section.
(h) Sale to Minors Prohibited. It shall be unlawful for a person to sell tobacco paraphernalia and/or novelty items to a person under 18 years of age. (Ord. 19766 § 6, 10-2-12.)