Ord 2017-017 - Laserfiche WebLink

Home

4-36-300 ISSUANCE OF LICENSE. Upon the receipt of a complete application for a tobacco retailer's license and the license fee required by this Chapter, the Administrator shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists: (a) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this Chapter; (b) The application seeks authorization for tobacco retailing at a location for which this Chapter prohibits issuance of tobacco retailer's licenses. However, this subsection shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm's length transaction; (c) The application seeks authorization for tobacco retailing for a proprietor or location for which this Chapter prohibits a license to be issued, including the provisions of Section 4-36-600; (d) The application seeks authorization for tobacco retailing that is prohibited pursuant to this Chapter (e.g., mobile vending), that is unlawful pursuant to this Code or that is unlawful pursuant to any other law; (e) The location for which a tobacco retailer's license is sought lacks a valid state tobacco retailer's license by the California Board of Equalization. 4-36-350 LICENSE RENEWAL AND EXPIRATION. (a) Term and Renewal of License. A tobacco retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer's license is one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer's license and submit the license fee no later than thirty days prior to expiration of the term. (b) Expiration of License. A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to subsection (a) of this section, the proprietor must: (1) Submit the license fee and application renewal form; and (2) Submit a signed affidavit affirming that the proprietor: (i) Has not sold and will not sell any electronic cigarette, electronic cigarette product, electronic cigarette paraphernalia, tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or (ii) Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in Section 4-36-600(a) of this Chapter, before seeking renewal of the license. 4-36-400 LICENSES NONTRANSFERABLE. (a) A tobacco retailer's license may not be transferred from one person to another or from one location to another. A new tobacco retailer's license is required whenever a tobacco retailing location has a change in proprietor(s). (b) Notwithstanding any other provision of this Chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless: