(a) Department’s Authority. Franklin County Public Health is hereby authorized to promulgate rules and regulations to carry out the purpose and intent of this section in order to protect the public health, safety and welfare.
(b) License Requirement. No person or retailer of tobacco products, or product paraphernalia shall sell or offer to sell, give, or otherwise distribute any licensed product, including cigarettes, other tobacco products, papers used to roll cigarettes, or other product paraphernalia, without first having obtained a license to do so from the Franklin County Public Health (“the Department”).
(c) Obtaining a License. An application for a license must be made on a form provided by the Department. 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. If the Department determines that an application is incomplete, it will be returned to the applicant with notice of the information necessary to make the application complete.
(d) License Fee. The fee for a license shall be initially set, and subsequently reviewed and adjusted annually, by the Department; however, the fee for a license shall not be less than five hundred dollars ($500.00). Licensing fees are due at the time of application and are not refundable. A license cannot be renewed if the tobacco retailer has outstanding fines pursuant to this chapter. The license term is one calendar year, beginning on January 1. In cases of applications for a new license submitted after January 1 of a given year and more than sixty (60) days before the following January 1, the Department may issue a license for the remainder of the standard term period, but such license term will only extend to the following last day of December of the prior year and the license fee shall not be pro-rated.
(e) Limited License. All licenses issued are valid only on the premises for which the license was issued and only for the person to whom the license was issued.
(f) License Must Be Displayed. All licenses must be posted and displayed in a conspicuous location at all times in plain view of the general public in the tobacco retail establishment.
(g) License Renewal and Transfer. The issuance of a license is a privilege and does not entitle the license holder to an automatic renewal of the license. Any license issued may be
suspended or revoked following the procedures set forth in this chapter.
(1) Renewal. The renewal of a license issued pursuant to this Chapter shall be handled in the same manner as the retail food establishment license process established pursuant to Ohio Administrative Code 3701-21. The renewal will be mailed to the establishment 30-60 days prior to January 1 of the calendar year. The renewal application must be received by the City of Grandview Heights, along with any fees, by January 1 of the calendar year and may face fines if any or all of the renewal application is received after January 1.
(2) Transfer. Unless a license is transferred in accordance with Ohio law following the sale of a license holder’s retail establishment, a license to sell tobacco products may not be transferred.
(h) Limits on Eligibility for a Tobacco Retailer License.
(1) Proximity to youth-oriented facilities. No license may be issued, and no existing license may be renewed, to authorize tobacco sales within 1,000 feet of a youth-oriented facility as measured by a straight line from the nearest point of the property line of the parcel on which the youth-oriented facility is located to the nearest point of the property line of the parcel on which the applicant's business is located.
(2) Proximity to other tobacco retailers. No license may be issued, and no existing license may be renewed, to authorize tobacco sales within 1,000 feet of a tobacco retailer location already licensed pursuant to this Section as measured by a straight line from the nearest point of the property line of the parcel on which the applicant's business is located to the nearest point of the property line of the parcel on which an existing licensee's business is located.
(3) A tobacco retailer operating lawfully on the date this chapter is adopted that would otherwise be eligible for a tobacco retail license for the location for which a license is sought may receive or renew a license for that location so long as all of the following conditions are met:
A. The license is timely obtained from the Department and is renewed without lapse or permanent revocation;
B. The tobacco retailer is not closed for business or otherwise under license suspension for more than sixty (60) consecutive days;
C. The tobacco retailer does not substantially change the business premises or business operation. A substantial change to the business operation includes, but is not limited to, the transferring of a location, including to avoid the effect of violations of this chapter; and
D. If the City determines that a tobacco retailer has substantially changed its business premises or operation and the tobacco retailer disputes this determination, the tobacco retailer shall bear the burden of proving by a preponderance of evidence to the Department that such change(s) do not constitute a substantial change.
(j) Limits on Licenses.
(1) The total number of tobacco retailer licenses within the City shall be limited to those four (4) licensed retailers in operation at the time of passage of this chapter, subject to subsection (m), Revocation, of this chapter.
(2) No new license may issue to authorize tobacco sales if the number of tobacco retailer licenses already issued equals the total number of authorized licenses pursuant to this chapter.
(3) A tobacco retailer operating lawfully on the date this chapter is adopted that would otherwise be eligible for a tobacco retailer license for the location for which a license is sought may receive or renew a license for that location so long as all of the following conditions are met:
A. The license is timely obtained from the Department and is renewed without lapse or permanent revocation;
B. The tobacco retailer is not closed for business or otherwise suspends sales for more than sixty (60) consecutive days;
C. The tobacco retailer does not substantially change the business premises or business operation. A substantial change to the business operation includes, but is not limited to, the transferring of a location to a new proprietor(s) in an arm's-length transaction or for which a significant purpose is avoiding the effect of violations of this chapter; and
D. The tobacco retailer retains the right to operate under other applicable laws.
E. If the City determines that a tobacco retailer has substantially changed business premises or operation and the tobacco retailer disputes this determination, the tobacco retailer shall bear the burden of proving by a preponderance of evidence to the Department that such change(s) do not constitute a substantial change.
F. The Mayor authorizes additional tobacco retailer licenses if the Mayor determines that the business provides significant economic benefit to the community and a majority of Council affirms such determination by resolution.
(k) 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 (21) years of age;
(2) The applicant has been convicted within the past five (5) years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to licensed products;
(3) The applicant has had a license to sell licensed products suspended or revoked within the preceding thirty-six (36) 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 tobacco retail establishment location is within 1,000 feet of a youth-oriented facility, as measured by the shortest line from the property line of the space to be occupied by the proposed licensee to the nearest property line of a youth-oriented facility.
This restriction does not apply to an existing license holder that holds a current state tax license for the sale of tobacco products as of the effective date of this chapter;
(8) 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.
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.
(l) Suspension of License. Any license may be suspended for up to six (6) months, as determined by the Department for a first or second violation, as described in this chapter. Prior to reinstatement of the license following the expiration of the suspension, the licensee shall remit a one hundred dollars ($100.00) license reinstatement administration fee.
A third suspension may result in permanent revocation of a license.
A license may be suspended for the following reasons:
(1) A business owned or operated by the licensee 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 licensee or agent of licensee has sold or otherwise distributed any tobacco product to any person under twenty-one (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 license applicant has violated a federal or state rule or regulation governing the sale of tobacco products;
(4) Entry of the Department is refused or inspection, or investigation is refused, hindered, or thwarted;
(5) For a second or any subsequent violation of this chapter within a thirty-six (36) month period of the first violation; and/or
(6) The licensee is in arrears with respect to any fine imposed for any civil penalty levied under this Chapter.
(m) Revocation of License. A license may be revoked for any of the following reasons:
(1) The licensee applicant is determined to have knowingly included false or misleading information in the license application or renewal license application;
(2) Substantiated evidence that licensee or agent of licensee has sold or otherwise distributed any tobacco product to any person under twenty-one (21) within the City more than three (3) times in the past twelve (12) months;
(3) Entry of Department is refused, or inspection or investigation is refused, hindered, or thwarted;
(4) Upon the discovery that the person was ineligible for the license under this chapter and license was mistakenly issued or renewed to a person;
(5) A period of suspension imposed under Subsection (c) herein has elapsed and the licensee remains in arrears of payment of such fine or penalty;
(6) The licensee has been subject to three (3) or more suspensions in the previous thirty-six (36) month period; or
(7) The licensee has engaged in the sale of tobacco products while under suspension.
A revoked license may not be reinstated in any form or at any location, and no new licenses will be issued to an applicant with a revoked license. Further, any revocation of license shall cause the total number of retailer licenses within the City to be decreased by a quantity of one (1). (Ord. 2023-22. Passed 9-5-23.)