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(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.)
(a) No tobacco retailer license shall be issued under this chapter until the appropriate license fees are paid in full. No tobacco retailer license shall be renewed if the tobacco retailer or tobacco retail establishment has outstanding fines pursuant to this chapter.
(b) The fee for a tobacco retailer license or renewal shall be four hundred fifty dollars ($450.00). The City of Lorain shall have the authority to adjust the fee as deemed necessary, but at no time shall the fee be less than four hundred fifty dollars ($450.00).
(c) Tobacco retailer license fees and civil fines collected under this Chapter shall be used to fund tobacco retail licensure compliance and enforcement measures, including, but not limited to, issuing licenses, administering the license program, tobacco retailer education, tobacco retailer inspection and compliance checks, documentation of violations, and prosecution of violators. Such funds may also be designated for other tobacco control, prevention, and education programs as determined by Lorain County Public Health, or another designee.
(Ord. 233-23. Passed 11-6-23.)
(a) The total number of tobacco retailer licenses within the City of Lorain shall be limited to one for each eight hundred thirteen (813) or fraction thereof, inhabitants of the City of Lorain.
(b) For the purposes of this section, the total population of the City of Lorain shall be determined by the most current published total available from the U.S. Census Bureau as of the date the license application is filed.
(c) No new tobacco retail license shall be issued if the existing number of tobacco retailer licenses equals or exceeds the total number of authorized tobacco retail licenses pursuant to this Section.
(d) Notwithstanding subsections 780.05(a) and (c), a tobacco retailer operating lawfully on the date this ordinance 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:
(1) The license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension);
(2) The tobacco retail establishment is not closed for business or otherwise suspends tobacco sales, whether voluntarily or due to license suspension for more than sixty (60) consecutive days; and
(3) 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:
A. To a new Proprietor(s) in an Arm's Length Transaction; or
B. For which a significant purpose is avoiding the effect of violations of this chapter; and
C. The tobacco retailer retains the right to operate under other applicable laws.
(4) If the City of Lorain proves, by a preponderance of evidence, that a tobacco retailer has substantially changed the business premises or operation and the tobacco retailer disputes this determination, the tobacco retailer may rebut that such change(s) do not constitute a substantial change.
(Ord. 233-23. Passed 11-6-23.)
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