§ 5.91.050. Application procedure.

Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof, and shall include the license application fee set forth under Section 5.91.090.

It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's license. No proprietor may rely on the issuance of a license as a determination by the city that the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 5.91.120 D. of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any provision of law.

All applications shall be submitted on a form supplied by the Department and shall contain, at a minimum, the following information:

A.

The name, address, telephone number, driver's license or similar identification, including date of birth, of each proprietor of the business that is seeking a license.

B.

The business name, address, telephone number and business hours of the single fixed location for which a license is sought.

C.

If the single fixed location is leased, a copy of the lease and the name of the owner of the single fixed location.

D.

A single name and mailing address authorized by each proprietor to receive all communications and notices (the "authorized address") required by, authorized by, or convenient to the enforcement of this chapter. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection (B) above.

E.

Proof that the location for which a tobacco retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization.

F.

Whether or not any proprietor or prior proprietor, to the best of applicant's knowledge, has admitted violating, or has been found to have violated, this chapter or whose proprietorship has admitted violating, or has been found to have violated, this chapter, and, if so, the dates and locations of all such violations within the previous six years.

G.

All criminal violations and any prior violations under this chapter of each proprietor or prior proprietor, to the best of applicant's knowledge.

H.

Such other information as the Department deems necessary for the administration or enforcement of this chapter.

I.

All information required to be submitted in order to apply for a tobacco retailer's license shall be updated with the Department whenever the information changes. A tobacco retailer shall provide the Department with any updates within ten (10) business days of a change.

J.

A copy of the major conditional use permit, if applicable (or an explanation as to why such permit is not required).

K.

A statement signed by each proprietor that no drug paraphernalia is or will be sold at the business seeking the license.

(Ord. 12867 § 2 (part), 2008; Ord. No. 13452, § 2, 9-19-2017)

Editor's note

See the editor's note to § 5.91.040.