7.4 SR 07-20-2020 - Laserfiche WebLink

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Sec. 26-69. - License eligibility. (a) All license applications under this division shall be made to the office of the city clerk and referred to the chief of police and such other municipal departments or offices as the city clerk deems necessary for verification and investigation of the facts set forth in the application. The chief of police and other department heads or officers consulted shall submit their reports and recommendations to the city clerk. (b) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section. (c) A tobacco license shall not be issued upon any of the following: (1) The applicant is under the age of 21 years. (2) The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision, or other regulation relating to tobacco, tobacco-related devices, nicotine, or electronic delivery devices. (3) The applicant has had a license to sell tobacco, tobacco-related devices nicotine, or electronic delivery devices, denied, revoked, or suspended within the preceding three years of the date of application. (4) The applicant fails to provide any information required on the application or provides false or misleading information. (5) The applicant is prohibited by federal, state, or local law, ordinance, or other regulation, from holding such a license. (6) Any taxes or utility bills for the premises for which the license will be issued are delinquent. (7) Failure to pay the yearly application fee. (d) Where a reasonable basis is found to impose reasonable conditions/restrictions on the license, taking into consideration one or more of the facts or circumstances, a license may have reasonable conditions/restrictions imposed on the manner and circumstances under which the licensed activity shall be conducted to preserve the public peace and protect and promote good order and security. (e) Failure of any person to comply with any of the ordinances of the city or the laws of the state, or any conditions/restrictions imposed on a license, shall be grounds for denying, revoking or suspending a license granted under this division. The city shall have the discretion to consider, in granting, denying, revoking, suspending, or renewing a license, any reasonable facts or circumstances relating to public health, safety, and welfare. (f) If a license is denied by the office of the city clerk, the city clerk shall notify the applicant of the determination in writing, including the facts and specific section or sections of this Article upon which this determination was made, and of their right to a hearing before the city council. (g) Except as otherwise provided in this chapter 26, Article II, tobacco licenses shall be governed by the requirements and procedures set forth in chapter 38, Article II of this Code, including the notice and hearing provisions set forth therein. Sec. 26-70. - License not to be issued for moveable place of business. No license shall be issued under this division to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this division. Page 7