741.08 DENIAL, SUSPENSION, AND REVOCATION OF LICENSE.
(a) Denial of License. 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 (5) 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 licensed products suspended or revoked within the preceding thirty-six (36) 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 license;
(6) The applicant is in arrears with respect to any fine imposed for violation of this Chapter;
(7) The business for which the license is requested is a moveable place of business. Only fixed-location tobacco retail establishments are eligible to be licensed.
(b) For purposes of subdivision (a) of this Section, "applicant" shall include entities with common ownership or management to the entity or natural person listed on the application.
(c) Suspension of License. Any license may be suspended for a definite period, not to exceed six (6) months, as determined by the Department. Prior to reinstatement of the license following the expiration of the suspension, the licensee shall remit a one hundred dollars ($100.00) License reinstatement administration 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 is the subject of a court order or City 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 twenty-one (21) within the City more than one time in the past twelve (12) months;
(3) The finding by a federal or state agency or court that the license applicant has violated a federal or state rule or regulation governing the sale of Tobacco Products;
(4) Entry of the Department is refused or inspection, or investigation is refused, hindered, or thwarted;
(5) For a second or any subsequent violation of this chapter 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 Chapter.
(d) Revocation of License. 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 distribute any Tobacco Product to any Person Under twenty-one (21) within the City more than one time in the past twelve (12) months;
(3) Entry of Department 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 license was mistakenly issued or renewed to a person;
(5) A period of suspension imposed under Subsection(c) herein has elapsed and the licensee remains in arrears of payment of such fine or penalty; and/or
(6) The licensee has been subject to three (3) or more suspensions in the previous thirty-six (36) month period.
(Ord. 003-2023. Passed 1-17-23.)