(a) Applications for Retail Tobacco Product Sales licenses and Temporary Tobacco Product Sales licenses may be denied, and such licenses may be suspended or revoked, for any of the following:
(1) The applicant or Licensee, or any agent, employee, or representative thereof, is giving, selling, or offering to sell Tobacco Products by or from a Vending Machine.
(2) Observation by staff of the Department or its authorized agent that the applicant or Licensee, or any agent, employee, or representative thereof has violated provisions of Chapter 765 of the Codified Ordinances.
(3) Failure by the Licensee to post signage as required by Section 765.04 of the Codified Ordinances.
(4) The applicant or Licensee having a conviction for violating Sections 765.06 or 765.07 of the Codified Ordinances or former Sections 2329.13 or 2329.14 of the Columbus City Code; having a conviction for violating any provision of the Ohio Revised Code or Ohio Administrative Code pertaining to the regulation of Tobacco Products or to indoor smoking or vaping; or having a finding of violation of any provision of Chapter 765 of the Codified Ordinances or any provision of Chapter 248 of the Columbus City Health Code within two years prior to the date of issuance or at any time during the licensing year.
(5) A finding by a court of competent jurisdiction that a Retail Tobacco Establishment owned and/or operated by the applicant or Licensee constitutes a public nuisance or that the location of the Retail Tobacco Establishment that is the subject of the application or license has been found, by a court of competent jurisdiction, to be a public nuisance during the period that the court retains jurisdiction over the nuisance action.
(6) Information contained in the application is misleading, inaccurate, or false.
(7) The applicant or Licensee, or any agent, employee, or representative thereof, fails to comply with U.S. Food and Drug Administration regulations, Ohio Revised Code, Ohio Administrative Code, and/or city codes relating to building, health, and fire.
(8) The applicant or Licensee has outstanding fines, issued pursuant to Chapter 765 of the Codified Ordinances or Columbus City Health Code Chapter 248.
(b) Any Licensee whose Retail Tobacco Product Sales license or Temporary Retail Tobacco Product Sales license has been proposed to be suspended or revoked shall be notified in writing by the Department. Appeals of such action may be made in accordance with Columbus City Health Code Section 203.10.
(c) Any applicant whose application for a Retail Tobacco Product Sales license or Temporary Retail Tobacco Product Sales license is denied shall be notified in writing by the Department. Appeals of such action may be made in accordance with Columbus City Health Code Section 203.08.
(Ord. 25-2023. Passed 11-20-23.)