(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.)