(A) Grounds for denial. Upon the receipt of a complete application for a tobacco retailer's license and the license fee required by this section, the department shall issue a license unless substantial evidence demonstrates that one or more of the following grounds for denial exists:
(1) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this section.
(2) The application seeks authorization for tobacco retailing at a location which is not eligible for the issuance of a tobacco retailer license. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the town with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm's length transaction.
(3) The application seeks authorization for tobacco retailing for a proprietor to whom this article prohibits a license to be issued.
(4) The application seeks authorization for tobacco retailing at a location that is unlawful pursuant to any other provision of this Code, including without limitation, zoning ordinance and building code, or that is unlawful pursuant to any other law.
(B) Appeal of denial. Except as provided in § 8.44.290(C), a decision of the department to deny a license is appealable to the Town Council and any such appeal must be filed in writing with the Town Clerk within 15 days of the department's denial of the issuance of the license and the applicable appeal fee must be paid.
(Ord. 814, passed 12-6-2017)
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