8.21.080 License issuance or denial.
A. Issuance of License. Upon the receipt of a complete and adequate application for a tobacco retailer’s license and the license fee required by this chapter, the department may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary.
B. Denial of Application. The department may deny an application for a tobacco retailer’s license based on any of the following:
1. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter;
2. The department has information that the applicant, or the applicant’s agent(s) or employee(s), violated any local, state, or federal tobacco control law or Health and Safety Code Section 11351 within the preceding three hundred sixty-five days;
3. The application seeks authorization for tobacco retailing at a location regarding which this chapter prohibits issuance of a license;
4. The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits issuing a license; or
5. The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this chapter, that is unlawful pursuant to any other chapter of this code, or that is unlawful pursuant to any other law;
6. Any other reason the granting of a license to the applicant is not consistent with the public health and welfare or the purpose of this chapter, including the applicant’s history of noncompliance with this chapter or other laws relating to the sale of tobacco products.
C. Appeal of Denial of Application. A decision of the department to deny a license is appealable to the hearing officer and any appeal must be filed in writing with the city clerk within ten days of mailing of the department’s decision. (Ord. 2799 NCS §4, 2021.)