(A) Upon receipt of a completed application for a tobacco retailer permit and the applicable permit fee, the collector shall issue a permit, after receiving input from appropriate city departments, unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(1) The information presented in the application is inaccurate or false;
(2) The application seeks authorization for tobacco retailing at a location for which this article prohibits issuance of tobacco retailer permits;
(3) The application seeks authorization for tobacco retailing for a proprietor to whom this article prohibits a permit to be issued; or
(4) The application seeks authorization for tobacco retailing that is prohibited pursuant to this article, that is unlawful pursuant to this code, or that is unlawful pursuant to any other law.
(B) The total number of tobacco retailer permits issued by the collector shall not exceed 100.
(C) In the event that the number of active tobacco retailer permits reaches the maximum limit of 100 as specified in subsection (B), no additional tobacco retailer permits shall be issued until such time as the total number of active tobacco retail permits falls below the maximum limit.
(D) Notwithstanding the cap on the total number of tobacco retailer permits as specified in subsections (B) and (C), the following exceptions shall apply:
(1) Adult child exception. The adult child of a tobacco retailer who operated a tobacco retail establishment at a specific location shall be eligible to acquire a tobacco retailer permit at the same location as the previously operated tobacco retail establishment without impacting the cap on the total number of permits.
(2) Relocation due to government order. A tobacco retailer who is required to relocate to another location within the city due to a government order or regulatory action shall be eligible to acquire a tobacco retailer permit at a new location without impacting the cap on the total number of permits.
(3) Spouse or domestic partner succession. Upon the death of or divorce from the permit holder, a spouse or domestic partner who acquires ownership of the tobacco retailer establishment shall be eligible to acquire a tobacco retailer permit without impacting the cap on the total number of permits.
(E) Any permit issued under the exceptions established in subsection (D) shall be subject to all other applicable provisions of the code governing tobacco retailer permits.
(Ord. No. 2854, 2973, 3048)