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A. A Tobacco Retailer’s permit shall automatically renew on an annual basis unless the Chief of Police determines prior to the date on which the permit is to be automatically renewed that any of the factors identified in subsection (C) of this section exist. A Tobacco Retailer shall have the duty to ensure that all City records generated pursuant to this chapter are accurate and up to date prior to automatic renewal.

B. The Tobacco Retailer shall pay a renewal fee established pursuant to CVMC 5.56.080 prior to the date on which the permit is to be automatically renewed.

C. The Chief of Police shall have authority to grant or deny the renewal permit. A renewal permit may be denied by the Chief of Police for any of the following reasons:

1. Any of the grounds for suspension or revocation under CVMC 5.56.110 exist.

2. The permit is suspended or revoked at the time of the application.

3. The Tobacco Retailer has not been in regular and continuous operation in the four months prior to the renewal application.

4. The Tobacco Retailer fails to or is unable to renew any required state licenses.

5. The Tobacco Retailer has failed to pay the renewal fee established pursuant to CVMC 5.56.080 prior to the date on which the permit is to be automatically renewed.

6. The Tobacco Retailer fails to ensure that all City records generated pursuant to this chapter are accurate and up to date prior to the automatic renewal.

D. The Chief of Police is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the Chief of Police is authorized to impose additional conditions on a renewal permit if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare.

E. The Chief of Police shall serve the Tobacco Retailer, either Personally or by first class mail addressed to the Authorized Address, with dated written notice of the decision to approve or deny the renewal permit. A denial notice shall state the reasons for the action, the effective date of the decision, and the right of the Tobacco Retailer 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 renewal permit shall be final. The City Manager shall provide dated written notice to the Tobacco Retailer, either Personally or by first class mail addressed to the Authorized Address, of the City Manager’s determination and the right of the Tobacco Retailer to seek judicial review of the City Manager’s determination. (Ord. 3417 § 1, 2018).