(A) No person, firm, or corporation shall operate or be permitted to operate as a retailer selling tobacco, tobacco products and/or electronic smoking devices in or on any premises within Jefferson County unless an annual license for the retailer has been applied for and issued by the Director of the Louisville Metro Health Department for the retailer and the license remains in effect in conformity with the provisions of this subchapter.
(B) All license fees shall be issued pursuant to KRS 137.115 and made payable to the County Clerk's Office and shall be credited to the general fund of the Louisville/Jefferson County Metro Government and used for Metro Government purposes only. The County Clerk shall receive a 5% commission fee for collection and accounting of said fees.
(C) Any license issued under this subchapter shall be valid from the date of issuance until the next occurring January 1st, unless the license has been suspended or revoked.
(D) A license for a retailer may not be transferred from one person to another or from one location to another. A new license is required whenever a retailer has a change in ownership.
(E) Each retailer licensed under this subchapter shall post the license in a conspicuous place within the facility.
(F) Any license under this section shall be denied, suspended, or revoked by the Director of Louisville Metro Public Health for one or more of the following reasons:
(1) The applicant or licensee has failed to comply with one or more provisions of this chapter or violated any local, state or federal law pertaining to distribution or sale of tobacco, tobacco products, and/or electronic smoking devices as well as any product containing a cannabinoid derived from a cannabis plant or kratom sold alongside any tobacco, tobacco product, and/or electronic smoking devices. Local law includes any violations of Metro Code as well as any related to the Land Development Code.
(2) Fraud, misrepresentation, or bribery in securing or renewing a license.
(3) The Louisville Metro Department of Public Health and Wellness will have discretion to investigate any information provided in each application. The Louisville Department of Public Health and Wellness will perform random compliance checks annually, during normal business hours or as deemed appropriate by the Louisville Department of Public Health and Wellness. Violations found through compliance checks should be rechecked no earlier than one month and within three months, or as soon as practicable.
(4) The Director shall refuse to issue or renew the license until all (i) outstanding fines and liens that have been assessed by Louisville Metro Government against the subject property, and (ii) delinquent taxes due to Louisville Metro Government are paid in full.
(5) If the property is subject to two or more substantiated civil and/or criminal complaints or the business is found to have twice violated or failed to comply with any applicable provision of this section with respect to a given property within a 12 month period, the Director shall not issue a new license and shall revoke an existing license. Civil complaints include, but are not limited to, reported violations of building, safety, property maintenance, nuisance, health and sanitation, fire, electrical, plumbing, and mechanical codes. Criminal complaints include, but are not limited to, reported drug activity, theft, and criminal mischief.
(G) An applicant or licensee may appeal or challenge a suspension, revocation or denial of a license pursuant to §§ 32.275 et seq.
(H) The business shall self-report any violations to the Department within 30 days of the notice of violation or citation. Failure to self-report shall be considered an additional violation under this subsection.
(I) An application, whether it be for a new or renewal license, shall be reviewed under the current provisions of this section.
(Lou. Metro Ord. 129-2020, approved 11-3-2020; Lou. Metro Am. Ord. No. 136-2024, approved 8-15-2024)