Sec. 24-422. - Grounds for denial.
(a) An application for a retail tobacco store license may be denied under this division 2 if:
(1) The applicant, or a principal of the applicant, has received notice of any violation of a federal, state, or local law related to tobacco sales, or rule or regulation adopted pursuant thereto;
(2) The applicant fails to obtain all necessary permits, licenses, and other regulatory approvals required by all state and local laws, and any rules and regulations adopted pursuant thereto; or
(3) The applicant proposes to operate on a temporary (less than a year), pop-up, or mobile basis. However, this subsection (3) shall not apply to an applicant who proposes to operate a regularly scheduled tobacco trade show where tobacco products will be sold on a temporary basis.
(b) In addition to the grounds set forth in chapter 32 of this Code, an application for a retail tobacco store license shall be denied under this division 2 if:
(1) The applicant's proposed location is within one thousand (1,000) feet of any of the following locations:
a. Any school, with the distance computed by direct measurement in a straight line from the nearest property line of the land used for the school to the nearest portion of the building in which the retail tobacco store is proposed to be located;
b. Any city-owned recreation center or city-owned outdoor pool, with the distance computed by direct measurement in a straight line from the nearest property line of the land used for the recreation center or outdoor pool to the nearest portion of the building in which the retail tobacco store is proposed to be located.
(2) This subsection (b) shall not apply to any application for a retail tobacco store license submitted on or before January 1, 2021 or to an applicant who can produce to the satisfaction of the manager of licensing and consumer protection documentary or other empirical evidence that the sale of tobacco products occurred at the subject location prior to January 1, 2021. Documentary or empirical evidence shall include documentation that verifies the sale of tobacco at the subject location, including, but not limited to, tax documents, sales receipts, or other documentation deemed sufficient by the manager of licensing and consumer protection. An affidavit stating that the retail tobacco store sold tobacco products prior to January 1, 2021, without additional documentation, shall not constitute sufficient documentary or empirical evidence for purposes of this paragraph (2).
(Ord. No. 921-19, § 3, 9-30-19; Ord. No. 507-20, § 1, 6-22-20; Ord. No. 221-21, § 1, 3-30-21; Ord. No. 1003-25, § 14, 7-28-25)
