§ 5.68.050. License issuance; standards.  


Latest version.
  • a.

    No license may issue to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot and tobacco retailing from vehicles are prohibited.

    b.

    Upon the receipt of an application for a tobacco retailer's license and the license fee, the Department shall issue a license unless substantial record evidence demonstrates that one of the following bases for denial exists:

    1.

    The application is incomplete or inaccurate.

    2.

    The application seeks authorization for tobacco retailing at a location for which a prohibition on issuing licenses is in effect pursuant to Section 5.68.100.b. of this Chapter. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the County 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.

    3.

    The application seeks authorization for tobacco retailing for a proprietor for which a prohibition on issuing licenses is in effect pursuant to Section 5.68.100.b. of this Chapter.

    4.

    The application seeks authorization for tobacco retailing that is prohibited pursuant to Section 5.68.050.a. of this Chapter, that is unlawful pursuant to any other County ordinance, or that is unlawful pursuant to any other local, state, or federal law.

(Ord. No. 906, § 5, 12-19-06)