[HISTORY: Adopted by the Village Board of Trustees of the Village of Spencer as indicated in article histories. Amendments noted where applicable.]
Article I General Provisions
Article II Cigarette and Tobacco Licenses
[Adopted 10-4-1993 (Title 7, Ch. 11, of the 1993 Code of Ordinances), as amended through 2-17-2015.]
The Village shall not issue or renew any license to transact any business within the Village of Spencer:
This article shall apply to licenses issued pursuant to the provisions of Articles I and II of this chapter and Chapter 278, Article I (alcohol beverage licenses); Chapter 212, Direct Sellers; Chapter 246, Fireworks; Chapter 418, Article III, Street Use Permits; and Chapter 167, Amusement Devices and Arcades, of the Code of the Village of Spencer..
Prior to any denial of an application for renewal of a license, including denials pursuant to § 313-1, the applicant shall be given notice and opportunity for a hearing as hereinafter provided:
With respect to licenses other than those described in § 313-1 herein, the Village Board or its assignee shall notify the applicant in writing of the Village's intention not to renew the license and shall provide the applicant with an opportunity for hearing. The notice shall state the reasons for the intended action and shall establish a date, not less than three days nor more than 10 days after the date of the notice, on which the applicant shall appear before the Village Board. If the applicant shall fail to appear before the Board on the date indicated on the notice, the Board shall deny the application for renewal. If the applicant appears before the Board on the date indicated in the notice and denies that the reasons for nonrenewal exist, the Village Board shall conduct a hearing with respect to the matter. At the hearing, both the Village and the applicant may produce witnesses, cross-examine witnesses and be represented by counsel. The applicant shall, upon request, be provided a written transcript of the hearing at the applicant's expense. If the Village Board determines the applicant shall not be entitled to renewal pursuant to § 313-1, the application for renewal shall be denied.
Where an individual, business or corporation wishes to appeal the Village Administrator-Clerk/Treasurer's decision not to issue a license or permit under this Code on grounds other than those specified in §§ 313-1 through 313-4 above, the applicant may file a request in writing with the Village Administrator-Clerk/Treasurer that the matter be referred to the Village Board. A public hearing shall be scheduled within 14 calendar days by the Village Board. All parties may be represented by counsel. The Board shall consider all relevant information and shall render a decision which shall be binding.
[Adopted 10-4-1993( Sec. 7-3-1 of the 1993 Code of Ordinances), as amended through 2-17-2015]
No person, firm or corporation in the Village of Spencer shall, in any manner, directly or indirectly, upon any premises, or by any device, sell, exchange, barter, dispose of or give away, or keep for sale any cigarette, cigarette paper or cigarette wrappers, or any substitute therefor, without first obtaining a license as hereinafter provided.
Every person, firm or corporation desiring a license under this article shall file with the Village Administrator-Clerk/Treasurer a written application therefor, stating the name of the person and the place for which such license is desired. Each license shall be filed by the Village Administrator-Clerk/Treasurer and shall name the licensee and the place wherein he is authorized to conduct such business, and the same shall not be delivered until the applicant shall pay to the Village Administrator-Clerk/Treasurer a license fee as set by the Village Board.
Licenses for the sale, exchange, barter, disposition of, or giving away or keeping for sale of any cigarette, cigarette paper or cigarette wrappers or any substitute therefor shall be issued by the Village Administrator-Clerk/Treasurer. Each license shall be issued on the first day of July in each year, or thereafter whenever applied for, and shall continue in force from date of issuance until the succeeding June 30 unless sooner revoked for any violation of this article.