(a) Application for a permit required under Section 1179.03 may be denied for any of the following reasons:
(1) The applicant has had a permit under Section 1179.03 revoked within the previous three years;
(2) The applicant is determined to have knowingly included false or misleading information in the permit application or renewal application;
(3) The applicant's current permit under Section 1179.03 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 Euclid 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 division (c) of Section 1179.03.
(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 permit 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 permit following expiration of the suspension, the permittee shall remit a one hundred dollar ($100.00) permit reinstatement fee. A permit may be suspended for any of the following reasons:
(1) Two violations of Section 537.20 or any substantially equivalent offense by the permittee or agent of the permittee within the previous twelve-month period;
(2) Failure to appear at any court proceeding where the permittee or any agent of the permittee has been charged with a violation of Section 537.20 or any substantially equivalent offense. If the permittee'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 of Euclid 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 permit has violated a federal or state rule or regulation governing the retail sale of tobacco products or alternative nicotine products; or
(d) A permit may be revoked for any of the following reasons:
(1) The permit is determined to have knowingly included false or misleading information in the permit application or renewal application;
(2) Three or more violations of Section 537.20 or any substantially equivalent offense, by the permittee or agent of the permit within the previous twelve-month period;
(3) A period of suspension imposed under division (c) of this section has elapsed and the permittee remains in arrears of payment of such fine or penalty; or
(4) The permittee has been subject to three or more suspensions in the previous twenty-four month period.
(e) For purposes of divisions (c) and (d), “permit” shall include entities with common ownership or management to the entity or natural person listed as the permit holder.
(Ord. 109-2018. Passed 8-20-18; Ord. 3-2019. Passed 1-7-19.)