§ 6.87.210. Tobacco retail license exemption.

A.

A tobacco retailer shall not be subject to the requirements of Section 6.87.200 and may submit a request for an exemption from Section 6.87.200 to the director if the tobacco retailer can provide evidence satisfactory to the director that persons under the age of eighteen years are prohibited from entering the premises where tobacco retailing is occurring unaccompanied by a parent or legal guardian and the premises is properly posted with signs that comply with the following conditions:

1.

A sign shall be posted at each entrance to the premises;

2.

Each sign shall be clearly legible from at least ten feet away from the entrance to the premises;

3.

Each sign shall state that no one under the age of eighteen is allowed to enter the premises unless accompanied by a parent or legal guardian;

4.

Each sign shall state that selling tobacco products or tobacco paraphernalia to anyone under eighteen years of age is illegal and subject to penalties; and

5.

Each sign shall state that the law requires that all persons selling tobacco products or tobacco paraphernalia check the identification of each purchaser of tobacco products and tobacco paraphernalia.

B.

A tobacco retailer requesting an exemption from Section 6.87.200, as provided for in Subsection A., shall submit a written request to the director. The request for exemption shall not be deemed complete until the tobacco retailer has submitted all information required by the director to support the existence of the conditions listed in Subsection A., and has submitted a signed indemnification agreement as required by Section 6.87.405.

C.

Within a reasonable period of time after a tobacco retailer submits a complete request for exemption, the director shall send a notice to the tobacco retailer of the director's decision to either grant or deny the request for exemption.

D.

A request for exemption may be denied by the director upon any of the grounds set forth in Section 6.87.455.

E.

A notice denying a request for exemption shall state all the grounds upon which the denial is based and shall advise that the denial of the request for exemption shall become final unless the tobacco retailer files a written request for hearing before the director within the time period specified in Section 6.87.510.

F.

The tobacco retailer may appeal the director's decision to deny a request for exemption by following the procedures set forth in Sections 6.87.510 through 6.87.530.

G.

A tobacco retailer operating under an exemption granted pursuant to this section shall inform the director in writing of any change in the information submitted in the request for an exemption within ten business days of the change so that the director may determine whether there has been a substantial change in the information originally submitted such that a new request for an exemption must be submitted.

H.

Unless otherwise provided in this chapter, a tobacco retailer who is exempt from the requirements of Section 6.87.200 shall nevertheless be responsible for complying with the remaining provisions of this chapter.

(Ord. 28875.)