(A) No license (including any renewal) may issue to authorize tobacco retailing at other than a fixed location (i.e., no license shall issue for tobacco retailing by persons on foot or from a vehicle of any kind).
(B) Upon the receipt of an application (including a renewal) for a tobacco retailer’s license and the license fee therefor, the city or its designee shall issue a license or renewal unless substantial record evidence demonstrates that one of the following bases for denial exists:
(1) The application is incomplete or inaccurate;
(2) The application seeks authorization for tobacco retailing at a location for which a prohibition on issuing licenses is in effect pursuant to this chapter. However, this division (B)(2) shall not constitute a basis for denial of a license if the applicant provides the city with documentation demonstrating that the applicant has acquired or is acquiring the location or business in an arm’s length transaction;
(3) The application seeks authorization for tobacco retailing for a proprietor for which a prohibition on issuing licenses is in effect pursuant to this chapter; and
(4) The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter, that is unlawful pursuant to any other city ordinance or that is unlawful pursuant to any other local, state or federal law.
(Ord. 2009-65, passed - -2009)