A. No license may issue to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot and tobacco retailing from vehicles are prohibited.
B. Upon receipt of an application for a tobacco retailers license and the license fee required by this chapter, the department shall issue a license unless substantial evidence demonstrates that one or more of the following basis for denial exists:
1. The application is incomplete, inaccurate, or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter.
2. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailers licenses. However, this subsection shall not constitute a basis for denial of a license if the applicant provides the department with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm's length transaction. Clear and convincing evidence can be oral or written and must be the kind of evidence upon which a responsible person would rely in making an important business, personal, or other decision.
3. The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued.
4 The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter, that is unlawful pursuant to this code, or that is unlawful pursuant to any other law.
(Ord. 365 § 6, 2006)