6.87.440 - License application.
A. Applications for a new Tobacco Retail License shall contain or be accompanied by the following:
1. If the Tobacco Retailer is:
a. An individual, the individual shall state his or her legal name and any aliases and shall submit satisfactory proof that he or she is twenty-one (21) years of age;
b. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
c. A closely held corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors and of each stockholder, and the name and address of the registered corporate agent for service of process;
d. A corporation, other than a closely held corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the state and date of incorporation, evidence that the corporation is in good standing and authorized to do business in the state of California, the names and capacity of all officers, directors and principal owners, and the name and address of the registered corporate agent for service of process;
e. A limited liability company, the company shall state its complete name, the date of filing of the articles of organization and operating agreement, and the names of all managers and members;
2. The legal name under which the business engaging in Tobacco Retailing is or will be conducted;
3. The physical address and all telephone numbers of the business engaging in Tobacco Retailing;
4. Proof of the Tobacco Retailer's right to possess the Premises where the Tobacco Retailing is to occur and proof that engaging in Tobacco Retailing from the Premises does not violate the terms of any contract or lease regarding the Premises;
5. The following personal information concerning the Tobacco Retailer, if an individual; and concerning each stockholder, each officer and each director, if the Tobacco Retailer is a closely held corporation; and concerning each partner, including limited partners, having an ownership interest in the business of more than ten percent (10%), if the Tobacco Retailer is a partnership:
a. Complete legal name, and any aliases;
b. Date of birth;
c. Current residence address (post office boxes will not be deemed to satisfy this requirement);
d. If the person has resided at the current residence address for less than three (3) years, the previous addresses immediately prior to the present address for the last three (3) years;
e. A copy of a valid government issued photo identification card or valid government issued driver's license;
f. The business history experience, including but not limited to, whether or not the person previously operating in this City or anywhere in the United States under any permit or license issued to a business engaging in Tobacco Retailing, has had such a permit or license denied, revoked or suspended and the reasons therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation;
6. A signed indemnification agreement as required by Section 6.87.405;
7. Proof of payment of any applicable business tax for the business engaging in Tobacco Retailing which is due to the City pursuant to Chapter 4.76 of the Code;
8. A copy of all current and valid permits, licenses or other authorization(s) required by the City or any other federal, state or local agency for the Premises and for the operation of the business engaging in Tobacco Retailing, including but not limited to any and all permits, licenses and authorization(s) required by the California Department of Alcoholic Beverage Control, the California Board of Equalization, County Department of Health, the City's Department of Planning, Building and Code Enforcement, and the Fire Marshal;
9. The name, telephone number and address of the person authorized to accept service of process on behalf of the business engaging in Tobacco Retailing and all of the business owners;
10. Authorization for the Director to seek other information the Director considers necessary for a complete investigation and to conduct an investigation into the truth of the statements set forth in the application;
11. A dated statement agreeing and certifying under penalty of perjury the following:
a. That the information provided in the application is true and correct.
b. That for purposes of this Chapter all persons signing and required to sign the application shall be deemed the Tobacco Retailer applying for the Tobacco Retail License and shall be deemed the Licensee under the Tobacco Retail License as a result of the submission of the application.
c. That all persons signing and required to sign the application are and shall be bound by the terms of any Tobacco Retail License issued as a result of the submission of the application and shall be liable for any violation of said license.
B. The application shall be signed by the Tobacco Retailer as follows:
1. For an individual, the application shall be signed by that individual.
2. For a partnership, the application shall be signed by each of the partners.
3. For a limited liability company that has elected to be managed by its members, the application shall be signed by each member or by an officer authorized by the articles of organization or the operating agreement to bind the company. In the case of a limited liability company that has elected to be managed by a manager or managers, the application shall be signed by the manager or managers or by an officer authorized by the articles of organization or the operating agreement to bind the company.
4. For a corporation, the application shall be signed by two (2) officers of the corporation, one (1) from each of the following categories:
a. The chairperson of the board, the president, or a vice president.
b. The secretary, assistant secretary, chief financial officer, or assistant treasurer.
C. An application shall not be deemed complete until all the information required in Subsections A. and B. has been provided to the Director and the required fees and any applicable business tax required pursuant to Chapter 4.76 of the Code have been paid.
(Ords. 28875, 30675.)
