(a) Each individual tobacco retail establishment location engaging in the sale of tobacco products at a fixed tobacco retail establishment shall secure a tobacco retail license from Franklin County Public Health before engaging or continuing to engage in such business. The tobacco retail license shall be on display at the tobacco retail establishment all times. No tobacco retailer shall sell tobacco products without a valid tobacco retail sales license.
(b) An application for a license to sell tobacco products must be made on a form provided by Franklin County Public Health. The application must contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary.
(c) Franklin County Public Health may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. If Franklin County Public Health approves the application, the license will be issued to the applicant. If Franklin County Public Health denies the application, notice of the denial will be given to the applicant along with notice of the applicant's right to appeal the decision.
(d) Denial of License. Grounds for denying the issuance or renewal of a license include, but are not limited to, the following:
(1) The applicant is under twenty-one years of age;
(2) The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco products;
(3) The applicant has had a tobacco retail license revoked due to violations of this chapter within the preceding thirty-six months of the date of application;
(4) The applicant fails to provide the information required on the licensing application or provides false or misleading information;
(5) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license;
(6) The applicant is in arrears with respect to any fine imposed for violation of this chapter;
(7) The business for which the license is requested is a moveable place of business. Only fixed-location tobacco retail establishments are eligible to be licensed.
(e) For purposes of subdivision (d) of this Section, "applicant" shall include entities with common ownership or management to the entity or natural person listed on the application.
(f) If a license is mistakenly issued or renewed, the city shall revoke the license upon the discovery that the applicant was ineligible for the license under this chapter. The city will provide the applicant or licensee with notice of the revocation, along with information on the right to appeal.
(g) The fee for a tobacco retail sales license shall be set by the Health Department, who shall have the authority to adjust the fee as deemed necessary. Such fees shall be calculated to recover the cost of administration and enforcement of this chapter, including, but not limited to, issuing licenses, administering the license program, tobacco retailer education, tobacco retailer inspection and compliance checks, documentation of violations, and prosecution of violators. All fees and interest on proceeds from fees shall be used to exclusively fund the administration and enforcement of this chapter.
(h) All licenses issued are valid only on the premises for which the license was issued and only for the applicant to which the license was issued. The transfer of any license to another location, person, or entity is prohibited.
(i) Such license shall be renewed annually and is valid for a period beginning with the date of license to the first day of [Month] next succeeding the date of the license unless sooner revoked as allowed by penalties in this article, or unless the tobacco retailer to whom it was issued discontinues business, in either of which cases the holder of the license shall immediately return it to Franklin County Public Health A license shall not be transferred from one tobacco retailer to another or from one location to another.
(j) The issuance of a license is a privilege and does not entitle the license holder to an automatic renewal of the license.
(k) No tobacco retail license shall be issued or renewed unless the tobacco retailer signs a form stating that the tobacco retailer has read this chapter and has provided training to all employees on the sale of tobacco products. Such training shall include information that the sale of tobacco products to persons under twenty-one years of age is illegal and shall subject the tobacco retailer to penalties, the types of identification legally acceptable for proof of age, and that the sale of flavored tobacco products is illegal and shall subject the tobacco retailer to penalties.
(l) Tobacco Retailing Without a Valid License. In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any tobacco retailer has engaged in tobacco product retail sales at a location without a valid tobacco retail license, either directly or through the tobacco retailer's agents or employees, the tobacco retailer shall be ineligible to apply for, or to be issued, a tobacco retail license as follows:
(1) After a first violation of this section at a location within any thirty-six-month period, the location shall receive a written warning from the Department (unless ownership of the business at the location has been transferred in an arm's length transaction).
(2) After a second violation of this section at a location within any thirty-six-month period, no new license may issue for the tobacco retailer or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until ninety days have passed from the date of the violation.
(3) After a third or subsequent violation of this section at a location within any thirty-six-month period, no new license may issue for the tobacco retailer or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until five years have passed from the date of the violation.
(m) Any tobacco retailer who has been denied a Tobacco Retail License (TRL) Certificate of Compliance or has had a Tobacco Retail License (TRL) Certificate of Compliance revoked may appeal that decision within five days of the denial or revocation thereof by filing a written statement with Franklin County Public Health Attn: TRL Appeal. The written statement shall include the applicant's full name and contact information (including mailing address, phone number, and e-mail address), shall state the basis for the appeal, and shall include a summary of all relevant facts and circumstances.
(n) The Franklin County Public Health Commissioner or his/her designee shall review the written statement, set a time and place for an administrative hearing, provide reasonable notice prior to such hearing, and establish the reasonable procedures, therefore. The hearing shall be held within ten days of submitting the written appeal. The Health Commissioner or his/her designee shall issue a decision on whether to grant or deny the TRL Certificate of Compliance and that decision shall be final.
(Ord. 48-22. Passed 3-7-23.)