(a) Grounds for denying the issuance or renewal of a 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 years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to licensed products.
(3) The applicant has had a license to sell tobacco products suspended or revoked 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 retailer license.
(6) 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.
(7) The number of licenses in the City of Oxford have already been exceeded or will be exceeded by the issuance of the requested license.
(8) The business for which the license is requested does not comply with the proximity requirements.
(b) If a license is mistakenly issued or renewed to an applicant, the City of Oxford, may revoke the license upon the discovery that the applicant was ineligible for the license under this Ordinance. The City of Oxford will provide the tobacco retailer license holder with notice of the revocation, along with information on the right to appeal.
(c) Any license may be suspended for a definite period, not to exceed six (6) months, as determined by the City of Oxford. Prior to reinstatement of the license following the expiration of the suspension, the licensee will be subject to a reinstatement fee. A license may be suspended for the following reasons:
(1) A business owned or operated by the licensee applicant engaging in the sale of Tobacco Products within the City of Oxford is the subject of a court order, or resolution, or final order declaring such business to be a public nuisance where said nuisance has not been abated, or where the court has ordered that sales of Tobacco Products shall cease pursuant to any temporary restraining order, preliminary injunction, or permanent injunction issued by said court;
(2) Substantiated evidence that licensee or agent of licensee has sold or otherwise distribute any Tobacco Product to any person under (21) within the City more than one time in the past twelve (12) months;
(3) The finding by a federal or state agency that the license applicant has violated a federal or state rule or regulation governing the sale of Tobacco Products;
(4) Entry of a City of Oxford inspector or designee is refused, or inspection or investigation is refused, hindered, or thwarted;
(5) For a second or any subsequent violation of this section within a thirty-six (36) month period of the first violation; and/or
(6) The licensee is in arrears with respect to any fine imposed for any civil penalty levied under this Section.
(d) Any license may be revoked by the City of Oxford. A license may be revoked for any of the following reasons:
(1) The licensee applicant is determined to have knowingly included false or misleading information in the license application or renewal license application;
(2) Substantiated evidence that licensee or agent of licensee has sold or otherwise distributed any Tobacco Product to any person under the age of twenty-one (21) within the City of Oxford more than one time in the past twelve (12) months;
(3) Entry of a City of Oxford inspector or designee is refused, or inspection or investigation is refused, hindered, or thwarted;
(4) Upon the discovery that the person was ineligible for the license under this chapter and the license was mistakenly issued or renewed to a person;
(5) A period of suspension imposed has elapsed and the licensee remains in arrears of payment of such fine or penalty;
(6) The licensee has been subject to three (3) or more suspensions in the previous thirty-six (36) month period.
(Ord. 3778. Passed 10-15-24.)