47-2404 Licenses.
(a) No person shall manufacture for sale, keep for sale, offer for
sale, display for sale in vending machines, or sell cigarettes or other
tobacco product in the District without having first obtained a license
or licenses for such purpose or purposes from the Mayor.
(b) The Mayor may issue the following types of licenses, upon the filing of an application as prescribed by the Mayor:
(1) Wholesaler's licenses. -- A wholesaler's license shall authorize the licensee to manufacture, purchase, or otherwise acquire cigarettes or other tobacco product and to keep for sale, offer for sale, and sell such cigarettes or other tobacco product in original packages to consumers, to persons holding a license under this chapter as a wholesaler, retailer, or vending machine operator, and to persons for resale in other states or jurisdictions; provided, that with respect to sales made to persons for resale in other states or jurisdictions, such persons must be licensed under the laws of such other state or jurisdiction to engage in the business of selling cigarettes or other tobacco product therein. A wholesaler's license shall authorize the licensee to manufacture, keep for sale, offer for sale, and sell cigarettes or other tobacco product only at the place or places designated therein. Except as provided by the Mayor by regulation, a separate license shall be required for each place where cigarettes or other tobacco product are to be manufactured, kept for sale, offered for sale, or sold. The Mayor may provide, by regulation, for the issuance of a wholesaler's license for a place located outside of the District. The annual fee for a wholesaler's license shall be $50 for each place designated therein.
(2) Retailer's licenses. -- A retailer's license shall authorize the licensee to keep for sale, offer for sale, and sell cigarettes or other tobacco product to consumers in original packages from the place or places designated therein. A retailer's license shall not authorize the licensee to sell cigarettes or other tobacco product to other licensees for resale. Except as provided by the Mayor by regulation, a separate license shall be required for each retail establishment. The annual fee for a retailer's license shall be $15 for each retail establishment.
(3) Vending machine operator's licenses restricted.
(A) No license shall be issued for the sale of cigarettes or other tobacco product in an original package from or by means of a vending machine, except in the case of a tavern or nightclub licensed pursuant to § 25-113 , an establishment that restricts admittance to persons 21 years of age or older, or a restaurant licensed pursuant to § 25-113 .
(B) Any cigarettes or other tobacco products vending machine that is located in a tavern, nightclub, establishment, or restaurant in accordance with subparagraph (A) of this paragraph shall be located in an area that is in the immediate vicinity, plain view, and control of a responsible employee, so that any tobacco purchase is readily observable by an employee. The cigarettes or other tobacco products vending machine shall not be located in a similar unmonitored area.
(C) The annual fee for a vending machine operator's license shall be $15 for each vending machine.
(D) Any cigarette or other tobacco product vending machine that is located in a tavern, nightclub, establishment, or restaurant in accordance with subparagraph (A) of this paragraph shall display the warning sign required by § 22-1320(e)(1) .
(E) Any cigarette or other tobacco product vending machine that is located in a tavern, nightclub, establishment, or restaurant in accordance with subparagraph (A) of this paragraph shall not contain any non-tobacco product, other than matches.
(c) The Mayor shall keep a complete record of applications made for licenses under this section and of the actions taken thereon.
(d) The Mayor may, by regulation, adjust the license fees imposed by subsection (b) of this section and may establish fees for duplicate licenses.
(e) Licenses issued under this section shall remain in effect for such periods of time as may be prescribed by the Mayor by regulation, not exceeding 1 year from the effective date of such licenses, or until such licenses are suspended or revoked by the Mayor under subsection (f) of this section.
(f) The Mayor may, after a hearing, suspend or revoke any license issued under this section for any violation of this chapter or of the regulations promulgated under this chapter.
(g) The licenses required by this section shall be in addition to the licenses required by any other law or regulation.
(h) The Mayor may suspend any license issued under this section to any person convicted of a first or second violation of § 22-1320 . The Mayor shall revoke the license for a third or subsequent violation.
(i) Any license issued pursuant to this chapter shall be issued as a General Sales endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of this title.
(b) The Mayor may issue the following types of licenses, upon the filing of an application as prescribed by the Mayor:
(1) Wholesaler's licenses. -- A wholesaler's license shall authorize the licensee to manufacture, purchase, or otherwise acquire cigarettes or other tobacco product and to keep for sale, offer for sale, and sell such cigarettes or other tobacco product in original packages to consumers, to persons holding a license under this chapter as a wholesaler, retailer, or vending machine operator, and to persons for resale in other states or jurisdictions; provided, that with respect to sales made to persons for resale in other states or jurisdictions, such persons must be licensed under the laws of such other state or jurisdiction to engage in the business of selling cigarettes or other tobacco product therein. A wholesaler's license shall authorize the licensee to manufacture, keep for sale, offer for sale, and sell cigarettes or other tobacco product only at the place or places designated therein. Except as provided by the Mayor by regulation, a separate license shall be required for each place where cigarettes or other tobacco product are to be manufactured, kept for sale, offered for sale, or sold. The Mayor may provide, by regulation, for the issuance of a wholesaler's license for a place located outside of the District. The annual fee for a wholesaler's license shall be $50 for each place designated therein.
(2) Retailer's licenses. -- A retailer's license shall authorize the licensee to keep for sale, offer for sale, and sell cigarettes or other tobacco product to consumers in original packages from the place or places designated therein. A retailer's license shall not authorize the licensee to sell cigarettes or other tobacco product to other licensees for resale. Except as provided by the Mayor by regulation, a separate license shall be required for each retail establishment. The annual fee for a retailer's license shall be $15 for each retail establishment.
(3) Vending machine operator's licenses restricted.
(A) No license shall be issued for the sale of cigarettes or other tobacco product in an original package from or by means of a vending machine, except in the case of a tavern or nightclub licensed pursuant to § 25-113 , an establishment that restricts admittance to persons 21 years of age or older, or a restaurant licensed pursuant to § 25-113 .
(B) Any cigarettes or other tobacco products vending machine that is located in a tavern, nightclub, establishment, or restaurant in accordance with subparagraph (A) of this paragraph shall be located in an area that is in the immediate vicinity, plain view, and control of a responsible employee, so that any tobacco purchase is readily observable by an employee. The cigarettes or other tobacco products vending machine shall not be located in a similar unmonitored area.
(C) The annual fee for a vending machine operator's license shall be $15 for each vending machine.
(D) Any cigarette or other tobacco product vending machine that is located in a tavern, nightclub, establishment, or restaurant in accordance with subparagraph (A) of this paragraph shall display the warning sign required by § 22-1320(e)(1) .
(E) Any cigarette or other tobacco product vending machine that is located in a tavern, nightclub, establishment, or restaurant in accordance with subparagraph (A) of this paragraph shall not contain any non-tobacco product, other than matches.
(c) The Mayor shall keep a complete record of applications made for licenses under this section and of the actions taken thereon.
(d) The Mayor may, by regulation, adjust the license fees imposed by subsection (b) of this section and may establish fees for duplicate licenses.
(e) Licenses issued under this section shall remain in effect for such periods of time as may be prescribed by the Mayor by regulation, not exceeding 1 year from the effective date of such licenses, or until such licenses are suspended or revoked by the Mayor under subsection (f) of this section.
(f) The Mayor may, after a hearing, suspend or revoke any license issued under this section for any violation of this chapter or of the regulations promulgated under this chapter.
(g) The licenses required by this section shall be in addition to the licenses required by any other law or regulation.
(h) The Mayor may suspend any license issued under this section to any person convicted of a first or second violation of § 22-1320 . The Mayor shall revoke the license for a third or subsequent violation.
(i) Any license issued pursuant to this chapter shall be issued as a General Sales endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of this title.
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