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AN ORDINANCE LICENSING AND REGULATING THE RETAIL SALE
OF CIGARETTES AND CIGARETTE WRAPPERS
The City Council of the City of Barnum does ordain as follows:
Section 1. License Required After December 31, 1941, no person shall directly or indirectly or by means of any device, keep for retail sale, sell at retail, or otherwise dispose of any cigarette or cigarette wrapper at any place in the City of Barnum unless a license therefore shall first have been obtained as provided in this ordinance.
Section 2. Application and Issuance. Application for such license shall be made to the City Clerk on a form supplied by the City. Such application shall state the full name and address of the applicant, the location of the building and the part intended to be used by the applicant under such license, the kind of business conducted at such location, and such other information as shall be required by the application form. Upon the filing of such application with the Clerk, it shall be presented to the City Council for its consideration, and if granted by the Council, a license shall be issued by the City Clerk upon payment of the required fee.
Section 3. License Fee. The fee for every such license shall be $50.00 per year. Every license shall expire on December 31 of the year for which it is issued. For any license issued after January 31 in any year, the fee shall be computed at the rate of $2.00 for each month or fractional part of a month covered by the license. Licenses shall not be transferable to any other person.
Section 4. License Shall Be Displayed. Every such license shall be kept conspicuously posted about the place for which the license is issued and shall be exhibited to any person upon request.
Section 5. Restrictions. No license shall be issued except to a person of good moral character. No license shall be issued to an applicant for sale of cigarettes at any place other than his established place of business. No license shall be issued for the sale of cigarettes at a movable place of business; nor shall any license be issued for the sale of cigarettes at more than one place of business. No person shall sell or give any cigarette, cigarette paper or cigarette wrapper to any person below the age of eighteen (18) years. No person shall keep for sale, sell, or dispose of any cigarette containing opium, morphine, jimsonweed, bella donna, strychnine, cocaine, marijuana, or any other deleterious drug except nicotine.
Section 6. Revocation. Every such license may be revoked by the Council for a violation of any provision of this ordinance if the licensee has been given a reasonable notice and an opportunity to be heard.
Section 7. Penalty. Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $100.00 or by imprisonment not to exceed ninety (90) days.
Section 8. Repeal. Ordinance No. 20 adopted by the Council on December 3, 1941; and Ordinance No. 22 adopted by the Council on December 3, 1941 are hereby repealed.
Section 9. Effective Date. This ordinance becomes effective upon its passage and publication.
Adopted by the City Council this 14th day of December, 1992.
[seal]
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Mayor Lawrence H. Rudebeck
ATTEST:
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Clerk Pamela Porter
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