§ 88-26.406. Nonconforming tobacco retailing use.

(a)

For the purposes of this chapter, each of the following is a nonconforming tobacco retailing use:

(1)

Tobacco retailing at any lawful tobacco retailing business, existing at the time this chapter becomes effective, that does not conform to the provisions of Section 88-26.402.

(2)

Tobacco retailing at any lawful tobacco retailing business that, after this chapter becomes effective, does not conform to the provisions of Section 88-26.402(b) due to the lawful establishment of a public or private school, playground, park, or library.

(b)

A nonconforming tobacco retailing use is not a violation of this chapter. If a nonconforming tobacco retailing use is continued after the effective date of this chapter, all applicable permits and licenses, including a tobacco retailer's license, must be maintained in full force and effect, and the nonconforming tobacco retailing use may not be increased, enlarged, or expanded.

(Ord. No. 2017-10, § II, 7-11-17)