(a) Application for a Permit may be denied for any of the following reasons:
(1) The Permit applicant had a Permit revoked within the previous three (3) years;
(2) The Permit applicant is determined to have knowingly included false or misleading information in the Permit application or renewal Permit application;
(3) The applicant's current Permit has been suspended and the period of suspension has not elapsed;
(4) A business owned or operated by the Permit applicant engaging in the sale of Tobacco Products within the City is the subject of a court order or a city resolution or final order declaring such business to be a public nuisance, where said nuisance has not been abated, or where a court has ordered that sales of Tobacco Products shall cease pursuant to any temporary restraining order, preliminary injunction, or permanent injunction issued by said court;
(5) The Permit applicant is in arrears with respect to any fine imposed for violation of this Chapter; and/or
(6) The Permit applicant has failed to provide any of the items required under Subsection 729.03(b).
(b) For purposes of subdivision (a) of this Section, "applicant" shall include entities with common ownership or management to the entity or natural person listed on the application.
(c) A Permit may be suspended for a definite period, not to exceed six (6) months, as determined by the City or its Permitting Agent. Prior to reinstatement of the Permit following expiration of the suspension, the Permittee shall remit a One Hundred Dollars ($100) Permit reinstatement administration fee. A Permit may be suspended for any of the following reasons:
(1) A business owned or operated by the Permit applicant engaging in the sale of Tobacco Products within the City is the subject of a court order or city resolution or final order declaring such business to be a public nuisance where said nuisance has not been abated, or where the court has ordered that sales of Tobacco Products shall cease pursuant to any temporary restraining order, preliminary injunction, or permanent injunction issued by said court;
(2) Substantiated evidence that Permittee or agent of Permittee has sold or otherwise distribute any Tobacco Product to any Person Under 21 within the City more than one time in the past twelve (12) months;
(3) The finding by a federal or state agency or court that the Permit applicant has violated a federal or state rule or regulation governing the sale of Tobacco Products;
(4) Entry of a City or its Permitting Agent is refused or inspection, or investigation is refused, hindered, or thwarted; and/or
(5) The Permit is in arrears with respect to any fine imposed for any civil penalty levied under this Chapter.
(d) A Permit may be revoked for any of the following reasons:
(1) The Permit applicant is determined to have knowingly included false or misleading information in the Permit application or renewal Permit application;
(2) Substantiated evidence that Permittee or agent of Permittee has sold or otherwise distribute any Tobacco Product to any Person Under 21 within the City more than one time in the past twelve (12) months;;
(3) Entry of a City or its Permitting Agent is refused, or inspection or investigation is refused, hindered, or thwarted;
(4) A period of suspension imposed under Subsection(c) herein has elapsed and the Permittee remains in arrears of payment of such fine or penalty; and/or
(5) The Permittee has been subject to three (3) or more suspensions in the previous twenty-four (24) month period.
(Ord. 118-2018. Passed 10-15-18.)