5.56.040 Issuance of a permit.
A. Upon the receipt of a complete application for a Tobacco Retailer’s permit and the permit fee required by this chapter, the Chief of Police shall have authority to grant or deny the application for Tobacco Retailer permit. An application for permit may be denied by the Chief of Police for any of the following reasons:
1. The application is received after the designated time and date.
2. The application is not in the required form and/or is incomplete.
3. The Applicant has made a false, misleading, or fraudulent statement, or omission of fact in the application or in the application process.
4. The Applicant or a co-Applicant has failed to submit fingerprints or other information deemed necessary by the Chief of Police pursuant to CVMC 5.56.030.
5. The Applicant or a co-Applicant has within five years immediately preceding the date of the filing of the application been convicted of, suffered any civil penalty, or faced administrative action against any type of license for violations of any tobacco control law, including but not limited to the following offenses: Penal Code Section 308, Business and Professions Code Section 225950 et seq. (“Stop Tobacco Access to Kids Enforcement Act” or the “STAKE Act”), Business and Professions Code Section 22970 et seq. (“Cigarette and Tobacco Products Licensing Act of 2003”), or a charge of violating a lesser-included or lesser-related offense including, but not limited to, Penal Code Section 415, in satisfaction of, or as a substitute for, an original charge of any of the offenses listed in this section.
6. The Applicant or a co-Applicant has within 10 years immediately preceding the date of the filing of the application been convicted of any felony criminal offense or any Crime of Moral Turpitude.
7. There are charges pending against the Applicant or a co-Applicant for a felony offense, a Crime of Moral Turpitude, or an offense involving the use of a weapon.
8. The Applicant or a co-Applicant has within five years immediately preceding the date of the filing of the application been convicted of, suffered any civil penalty, or faced administrative action for violation of local, state, or federal law.
9. The Applicant seeks authorization for Tobacco Retailing that is prohibited pursuant to this chapter, that is unlawful pursuant to this Code including without limitation the zoning, building, and business license tax regulations and codes, or that is unlawful pursuant to any other law.
10. The Applicant or a co-Applicant has had a Tobacco Retailer’s renewal permit or an application for a Tobacco Retailer’s permit denied within one year prior to the date of application.
11. The Applicant or a co-Applicant is ineligible for a Tobacco Retailer permit pursuant to CVMC 5.56.120.
B. The Chief of Police shall serve the Applicant, either Personally or by first class mail addressed to the Authorized Address, with dated written notice of the decision to approve or deny the application for a Tobacco Retailer’s permit. If the application has been approved, the notice shall state the permit fee amount, the date by which the permit fee must be paid, and the location where payment must be made. If the application has been denied, the notice shall state the reasons for denial, the effective date of the decision, and the right of the Applicant to appeal the decision to the City Manager. Any appeal must be filed in writing with the City Clerk within 14 days of service of the notice. The City Manager’s determination regarding the application shall be final. The City Manager shall provide dated written notice to the Applicant, either Personally or by first class mail addressed to the Authorized Address, of the City Manager’s determination and the right of the Applicant to seek judicial review of the City Manager’s determination.
C. No permit shall issue pursuant to this chapter unless the permit fee, established in accordance with CVMC 5.56.080, has been timely paid pursuant to the notice issued above.
D. A permit issued under this chapter shall be valid for a period of one year from the date of the issuance or from the date of renewal. (Ord. 3417 § 1, 2018).