(A) Application for a license required under § 94.21 may be denied for any of the following reasons:
(1) The applicant has had a license under § 94.21 revoked within the previous three years;
(2) The applicant is determined to have knowingly included false or misleading information in the license application or renewal application;
(3) The applicant's current license under § 94.21 has been suspended, and the period of suspension has not elapsed;
(4) A property owned or operated by the applicant engaging in the retail sale of cigarettes, tobacco products, or alternative nicotine products within the City of Dublin is the subject of a court order declaring such property to be a public nuisance, where said nuisance has not been abated as determined by the court, or where the court has ordered that retail sales of tobacco products or alternative nicotine products shall cease pursuant to any temporary restraining order, preliminary injunction, or permanent injunction issued by the court;
(6) The applicant has failed to provide any of the items required under § 94.21(C).
(B) For purposes of division (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 license may be suspended for a definite period, not to exceed six months, as determined by the city or its licensing agent. Prior to reinstatement of the license following expiration of the suspension, the licensee shall remit a reinstatement fee in the amount provided in the fee schedule created under Chapter 35 of the Codified Ordinances. A license may be suspended for any of the following reasons:
(1) Two violations of § 135.17 of the Codified Ordinances, or any substantially equivalent offense, by the licensee or agent of the licensee within the previous 12-month period;
(2) Failure to appear at any court proceeding where the licensee or any agent of the licensee has been charged with a violation of § 135.17 of the Codified Ordinances, or any substantially equivalent offense. If the licensee's agent is the person charged, the appearance of the agent shall be sufficient;
(3) A property owned or operated by the applicant engaging in the retail sale of tobacco products or alternative nicotine products within the city is the subject of a court order declaring such property to be a public nuisance, where said nuisance has not been abated as determined by the court, or where the court has ordered that retail sales of tobacco products or alternative nicotine products shall cease pursuant to any temporary restraining order or preliminary injunction issued by the court;
(4) The finding by a federal or state agency or court that the licensee has violated a federal or state rule or regulation governing the retail sale of tobacco products or alternative nicotine products; or
(D) A license may be revoked for any of the following reasons:
(1) The licensee is determined to have knowingly included false or misleading information in the license application or renewal application;
(2) Three or more violations of § 135.17 of the Codified Ordinances, or any substantially equivalent offense, by the licensee or agent of the licensee within the previous 12-month period;
(3) A period of suspension imposed under division (C)(5) of this section has elapsed, and the licensee remains in arrears of payment of such fine or penalty; or
(4) The licensee has been subject to three or more suspensions in the previous 24-month period.
(E) For purposes of divisions (C) and (D), "licensee" shall include entities with common ownership or management to the entity or natural person listed as the license holder.
(Ord. 24-17, passed 12-4-17; Am. Ord. 59-23, passed 11-27-23)