The following shall be grounds for denying the issuance or renewal of a license under this section; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license; if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section:
(A) The applicant is under the age of 18 years;
(B) The applicant has been convicted within the past five years of any violation of a federal, state or local law or city code provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices;
(C) The applicant has had a license to sell licensed products suspended or revoked within the preceding 12 months of the date of application;
(D) The applicant fails to provide any information on the application or documentation required by § 112.03;
(E) The applicant provides false or misleading information in its application and documents required by§ 112.03;
(F) The applicant is prohibited by federal, state or local law, city code provision or other regulation from holding the license;
(G) The business for which the license is requested is a moveable place of business. Only fixed-location retail establishments are eligible to be licensed;
(H) Any other suitable reason that the granting of the license to the applicant is inconsistent with public health, safety, and welfare, including the applicant’s history of noncompliance with this section and other laws relating to the sale of licensed products.
(I) If a license is mistakenly issued to a person or renew, the city will revoke the license upon the discovery that the person was ineligible for the license under this section. The city will provide the license holder with notice of the revocation, along with information on the right to appeal.
(2003 Code, § 6.35-5) (Ord. 80, passed 10-29-1998; Ord. 196, passed 8-5-2019; Ord. 219, passed 8-21-2023)