Item 30 - HEALTH AND SANITATION ARTICLE III. TOBACCO RETAIL LICENSE

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whose license has been revoked pursuant to this article for the subject location or another location, or to whom this article otherwise prohibits a tobacco retailer license to be issued. (d) The city has information that the proprietor or his or her agent or employee has violated any local, state or federal tobacco control law, including this Article, within the preceding twelve (12) months. (e) The application seeks authorization for tobacco retailing that is prohibited pursuant to this article, that is unlawful pursuant to this Code, or that is unlawful pursuant to any other local, state, or federal law. (f) Any denial of an application shall be in writing setting forth the reasons for denial of the permit. Such denial shall be subject to appeal in accordance with section 18‐102. (Ord. No. NS‐2729, § 2, 11‐20‐06) Sec. 18‐95. License renewal and expiration. (a) A tobacco retailer license is invalid unless the appropriate fee has been paid in full and the term of the license has not expired. The term of a tobacco retailer license is one year beginning each fiscal year on April 1 and ending on March 31 of the following year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer's license and submit the license fee no later than thirty (30) days prior to expiration of the term. (b) A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To reinstate a license that has expired, or to renew a license not timely renewed pursuant to subparagraph (a), the proprietor must: (1) Submit the license fee plus a reinstatement fee of ten percent (10%) of the license fee; (2) Submit a signed affidavit affirming that the proprietor: (A) Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or (B) Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in subsection 18‐101(a), before seeking renewal of the license. (Ord. No. NS‐2729, § 2, 11‐20‐06) Sec. 18‐96. License nontransferable. (a) A tobacco retailer's license may not be transferred from one person to another or from one location to another. Whenever a tobacco retailing location has a change in proprietors a new tobacco retailer's license is required. (b) Notwithstanding any other provision of this article, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless: