§ 6.87.455. Denial, suspension or revocation.

An application for a tobacco retail license or a request for an exemption may be denied, and a tobacco retail license issued or an exemption granted pursuant to this chapter may be suspended or revoked by the director upon any of the following grounds:

A.

The tobacco retailer has knowingly made a false statement of fact or omitted a fact required to be revealed in an application for the tobacco retail license or a request for an exemption, or in any amendment or report or other information required to be made thereunder;

B.

The premises in which the tobacco retailing will occur is in violation of any building, zoning, health, safety, fire, police or other provision of this code or of federal, state or local law which substantially affects the public health, safety or welfare;

C.

The tobacco retailer has violated the terms and conditions of the licensee's tobacco retail license or other requirements of this chapter within the past five years;

D.

The tobacco retailer has owned or leased a premises that has been the subject of an administrative, civil or criminal nuisance abatement action and court judgment or administrative determination finding the premises to be a nuisance within the past five years;

E.

Failure to pay any disturbance response fee imposed pursuant to Section 6.02.310;

F.

Failure to pay any reinspection fee authorized by Section 6.87.320B.;

G.

A prior application for a license or permit to operate a business engaged in tobacco retailing in the city or anywhere in the United States has been denied by the city or any federal, state, or local agency on one or more of the grounds provided in this section within five years prior to the date of the current application;

H.

A permit or license issued by the city or any federal, state or local agency to operate or manage a business engaged in tobacco retailing anywhere in the United States has been revoked or suspended within the past five years;

I.

The tobacco retailer has conducted the business engaging in tobacco retailing in a manner that creates or results in a public nuisance, as defined in Section 1.13.050 of this code or Sections 3479 and 3480 of the California Civil Code, on or within one hundred fifty feet of the premises;

J.

If the tobacco retailer is a corporation, the corporation is not in good standing in the state of California or is not authorized to do business in the state of California;

K.

Engaging in tobacco retailing, or allowing or offering tobacco products or tobacco paraphernalia for sale at the premises for which the tobacco retail license or exemption is sought or was issued or granted is prohibited under the terms of any contract or lease for that premises;

L.

If the tobacco retailer is requesting an exemption or operating under an exemption, the conditions required under Section 6.87.210 do not exist or have ceased to exist.

(Ord. 28875.)