Brunswick introduces legislation for tobacco retail licenses

BRUNSWICK — Brunswick City Council introduced legislation Monday requiring tobacco retailers within the city to have a license. In the ordinance, a tobacco product is defined as something containing tobacco or nicotine, as well as any electronic smoking device. Brunswick Law Director Dennis Nevar said the city has 29 traditional tobacco retailers and around eight to 10 vape retailers. If the legislation passes, retailers must fill out an application to obtain a license to sell or distribute tobacco products in the city. The license would be required to always be displayed in plain view for the public to see. The following are reasons why someone would be denied a license: The applicant is younger than 21 years old. Convicted of violating any law related to selling tobacco within the past five years. Had a license revoked within the past two years. Does not provide all information or gives inaccurate information on the application. The applicant is legally prohibited from selling tobacco products. The maximum number of licenses has already been issued. The location does not meet proximity requirements. Sold tobacco products without a license twice within a 12-month period. The applicant is delinquent on paying a fee, tax or penalty imposed by the ordinance. Originally, the ordinance stated the maximum number of licenses would be one for every 750 residents, which would be 46 licenses. It was changed to one license for every 1,000 residents, and around 35,000 people live in Brunswick. A license would not be granted to an establishment that is within 1,000 feet of an existing licensee or within 3,500 feet of an educational facility, religious institution or public place. The proximity restrictions would not apply to businesses holding a state tax license to sell tobacco products for at least one year before the effective date of the city retail license, which would be Sept. 1 if passed. The term of the license is one year, and a license cannot be transferred unless the licensee has changed ownership. Renewal requests must be done at least 30 days before the current license expires. The fee for a license will be a minimum of $600, and the fee must be completely paid to receive the license. The funding generated by the fees would go toward administering the program as well as compliance and enforcement measures. Establishments would have at least two unannounced compliance checks each year to determine if licenses are properly displayed and if retailers are only selling to people who are older than 21. Results from the checks would be publicly available and published annually. Employees at tobacco retailers would also be required to annually undergo training about the legal requirements of selling or distributing tobacco products. Penalties for violating the ordinance are as follows: First violation would be a $500 fine. Second violation within 36 months would be a $1,000 fine and a 30-day license suspension. Third violation within 36 months would be a $1,500 fine and a 60-day license suspension. Fourth violation within 36 months would be a $2,000 fine and the license revoked. Retailers who sell tobacco products without a license would be fined $1,000 for the first violation. If there are two or more violations within 36 months, the fine is $2,000 per occurrence as well as license ineligibility for three years. The ordinance moved to a second reading during Monday's meeting. Nevar said the city is working on entering into an agreement with the Medina County Health Department in which the health department would act as the licensing agent. "Obviously, we have to work with the health department to implement this program," he said. "How is it going to be implemented (and) go through all of those administrative-type discussions? How are we going to notify current retail establishments that this (would be) going into effect on Sept. 1 and their requirements to attain that licensing?" Contact reporter Madisyn Woodring at (330) 721-4049 or mwoodring@medina-gazette.com.