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The provisions of this Chapter shall apply to all convenience stores, which now exist and which may be established in the future. A convenience store is defined as an establishment which operates with both a Toledo Lucas County Health Department Retail Food Establishment license and a State of Ohio C class liquor permit or a State of Ohio Tobacco license, and is under 5,000 square feet.
(Ord. 545-21. Passed 12-21-21; Ord. 291-23. Passed 5-30-23.)
No person or legal entity shall operate a convenience store within the limits of the City of Toledo until the convenience store has been duly licensed for such purpose. Failure on the part of any person(s) or entity to obtain such license shall subject the licensee to the penalties hereinafter provided. A license shall be required for every location.
(Ord. 545-21. Passed 12-21-21; Ord. 291-23. Passed 5-30-23.)
Each person or legal entity applying for a convenience store license shall file with the Department of Finance an electronic application including the following:
(a) Name, physical residence address and contact information of any person with ownership interest in the premises.
(b) Name, physical residence address and contact information of person holding the State of Ohio liquor permits.
(c) Name, physical residence address and contact information of any person with ownership interest in the business.
(d) The location by street name and address where the convenience store is to be operated.
(e) A copy of the convenience store's Toledo Lucas County Health Department Retail Food Establishment license, State of Ohio liquor permits, State of Ohio Vendor license, City of Toledo tax ID number, and State of Ohio Tobacco license, if applicable.
(Ord. 545-21. Passed 12-21-21; Ord. 291-23. Passed 5-30-23.)
No convenience store license shall be issued unless the following criteria are satisfied:
(a) Tax compliance. No license shall be issued or renewed if taxes of the City of Toledo or Lucas County are delinquent or unpaid.
(b) Zoning compliance. Applicant must be compliant with all applicable Toledo Municipal Code Planning and Zoning Code regulations.
(c) Dumpsters and trash receptacle screening compliance. Applicant must be compliant with Toledo Municipal Code Section 1108.0304(B).
(d) Code compliance. Applicant must be compliant with all applicable Toledo Municipal Code Nuisance Code regulations. No license shall be issued or renewed if open code violations exist.
(e) Building and fire code compliance. Applicant must be compliant with all applicable Toledo Municipal Code Building Code and Fire Prevention Code regulations.
(f) Toledo Lucas County Health Department license in good standing.
(g) State of Ohio liquor permit(s) and management agreement, if applicable.
(h) State of Ohio Vendor license.
(i) State of Ohio Tobacco license, if applicable.
(j) Convenience store operates a camera to provide photographic coverage of the front of the counter where purchases are made and at all entries and exits on the premises. Cameras shall operate with the following requirements:
a. Conspicuous sign which states that the premises are under camera surveillance.
b. Camera operates during the premise's hours of operation.
c. Each licensee shall maintain media form or retrievable images for a period of no less than fourteen (14) days.
(k) License fee of $500.
(Ord. 291-23. Passed 5-30-23.)
(b) Any application for a license that does not contain all required information shall be deemed incomplete. The Director of Finance shall notify the applicant of any deficiencies in its application.
(c) License applications shall be due by October 1 for all existing convenience stores.
(d) New convenience stores shall acquire a license prior to starting operations.
(Ord. 291-23. Passed 5-30-23.)
(a) After being granted a license under this Chapter, the licensee shall make an annual electronic application for renewal of the license accompanied by the required license fee.
(b) A notice to renew will be sent via electronic mail 60 days prior to the expiration of the current license. Each license holder is responsible for updating electronic mail information with the Department of Finance.
(c) License renewals shall be due by October 1 each year.
(Ord. 291-23. Passed 5-30-23.)
(a) License application may be denied or license revoked if the entity violates any provisions of this Chapter.
(b) License application may be denied or license revoked if the premises are the site of multiple violations of any provisions of Title XXIX and Title XLIII of the Ohio Revised Code.
(c) Any person with ownership interest in the business that has a license revoked may not reapply for a license within one year of revocation.
(d) When a license is revoked, no license may be issued for that premises within one year of revocation.
(Ord. 291-23. Passed 5-30-23.)
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