(A) The following shall be grounds for denying the issuance or renewal of a license under this chapter; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the county must deny the license. If a license is mistakenly issued or renewed to a person, it may be revoked upon the discovery that the person was ineligible for the license under this section.
(B) Grounds for denial are:
(1) The applicant is under the age of 21 years;
(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 tobacco, tobacco products, tobacco-related devices and electronic delivery devices;
(3) The applicant has had a license to sell tobacco, tobacco products, tobacco-related devices and electronic delivery devices revoked within the preceding 12 months of the date of application;
(4) The applicant fails to provide any information required on the 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 such a license;
(6) The applicant has failed to pay on a timely basis any administrative fine levied by the county under § 110.999 of this chapter; or
(7) Youth-oriented facilities.
(a) No license shall be issued to a tobacco products shop that is located within 1,000 feet of a youth-oriented facility unless the youth-oriented facility is located on the opposite side of a county state aid highway, state highway, or federal highway in which case the setback distance shall be reduced to 750 feet.
(b) No license shall be issued to a business within 1,000 feet of a youth-oriented facility unless:
1. the youth-oriented facility is located on the opposite side of a county state aid highway, state highway, or federal highway in which case the setback distance shall be reduced to 750 feet; and
2. the business has been in operation for at least two years and provides financial reports for the prior two years that describe the nature of its business and itemize the products it sells. A business seeking a renewal under this provision shall provide the most recent financial records for the business from the prior year.
(c) No license shall be issued in the event an applicant fails to provide the Finance Director with a letter from a certified public accountant as provided in § 110.026.
(d) The restriction contained in division (B)(7)(a) and (b) of this section does not apply to an individual business establishment with any type of food, restaurant, fuels distributor, or on-sale liquor license that has a tobacco section or department, provided the sales of tobacco and tobacco-related products do not exceed 25% of gross revenue, or any businesses with an existing license holder who has been licensed to sell licensed products in the same location since October 1, 2018.
(e) Calculating the distance from a youth-oriented facility, as provided in this section, shall be measured by the shortest line from the property lot line of the space to be occupied by the proposed licensee to the nearest property lot line of a youth-oriented facility.
(Ord. 13-02, passed 10-8-2013; Ord. 19-5, passed 9-24-2019; Ord. 21-4, passed 11-30-2021; Ord. 22-5, passed 2-7-2023)