5.08.1850 Issuance of tobacco retailer permit.
(1) Upon the receipt of both a completed application for a tobacco retailer permit and the corresponding permit fee, the department shall issue a permit within 30 calendar days unless substantial evidence demonstrates that one or more of the following bases for denial exist:
(a) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this article.
(b) The application seeks authorization for tobacco retailing at a location for which this article prohibits issuance of tobacco retailer permit. However, this subsection (1)(b) shall not constitute a basis for denial of a permit 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 to whom this article prohibits a permit to be issued.
(d) The applicant or proprietor of the proposed tobacco retailer has had a tobacco retailer permit revoked within the preceding 12 months.
(e) The application seeks authorization for tobacco retailing that is prohibited pursuant to this article, that is unlawful pursuant to this code (including without limitation the zoning code and business license regulations), or that is unlawful pursuant to any other law.
(2) Any applicant aggrieved by a decision denying a tobacco retailer permit may appeal the decision in the same manner as the appeal of a suspension or revocation pursuant to the provisions of CMC 5.08.1910(4) and 5.08.1920. (Ord. 695 § 1, 2018).