780.03 BASIS FOR DENIAL OF LICENSE.
   (a)    Grounds for denying the issuance or renewal of a tobacco retail 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 the sale of tobacco products;
      (3)    The applicant has had a tobacco retail license revoked due to violations of this chapter within the preceding eighteen (18) 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 tobacco retail license;
      (6)    The applicant is in arrears with respect to any fine imposed for violation of this chapter;
      (7)    The business for which the tobacco retailer license is requested is a moveable place of business. Only fixed-location retail establishments are eligible to be licensed.
   (b)    If a license is mistakenly issued or renewed to an applicant, Lorain County Public Health, Lorain County Health Commissioner, or its designee may revoke the license upon the discovery that the applicant was ineligible for the license under this ordinance. Lorain County Public Health, the Lorain County Health Commissioner, or its designee, will provide the tobacco retailer license holder with notice of the revocation, along with information on the right to appeal.
   (c)    If a tobacco retail license is suspended or revoked, whether due to applicant or licensee ineligibility, or determination of a violation under this ordinance, or any other federal, state, or local law or regulation, the license fee is forfeited to Lorain County Public Health, or another designee, and shall not be refunded to the applicant or licensee.
(Ord. 233-23. Passed 11-6-23.)