PLE-2023-07-supp-30 - Laserfiche WebLink

9.32.090 278-1 (Pleasanton Supp. No. 30, 7-23) 5. Proof that the location for which a permit is sought has been issued a valid California Cigarette and Tobacco Products Retailer’s Permit for the sale of to- bacco products, if the tobacco retailer or tobacco store sells products that require such permit; 6. Whether or not any proprietor or any agent of the proprietor 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 five years; and 7. Such other information as the business li- cense division deems appropriate for the administration or enforcement of this chapter. E. A permitted tobacco retailer or tobacco store must inform the business license division in writing of any change in the information submitted on an applica- tion for a permit within 10 business days of a change. (Ord. 2209 § 3, 2020) 9.32.090 Issuance of tobacco retailer permit— Standards. After receipt of a complete application for a to- bacco retailer permit and the permit fee required by this chapter, the business license division, after consultation with the community development department, shall is- sue a permit within 30 days unless substantial evidence demonstrates that one or more of the following bases for denial exists: A. The application is incomplete or inaccurate; B. The application seeks authorization for to- bacco retailing by a person or at a location for which a suspension or revocation is in effect under Section 9.32.160 of this chapter; C. The application seeks authorization for to- bacco retailing for a person to whom this chapter prohib- its a permit to be issued; or D. The application seeks authorization for to- bacco retailing at a location that is in violation of appli- cable city zoning under Title 18 of this code, or is in violation of any other local, state, or federal law. (Ord. 2209 § 3, 2020) 9.32.100 Tobacco retailer permit renewal and expiration. A. Renewal of Tobacco Retailer Permit. A to- bacco retailer permit is invalid if the permit fee has not been timely paid in full or if the permit term has expired. The term of a permit is one year from January 1st to December 31st of each calendar year. Each tobacco re- tailer and tobacco store must apply for the renewal of their permit and submit the permit fee as required by the business license division. B. Expiration of Tobacco Retailer Permit. A permit that is not timely renewed shall expire at the end of its term. To renew a permit not timely renewed under subsection A above, the renewal applicant must: 1. Submit the permit fee and renewal applica- tion form; and 2. Submit a signed affidavit affirming the pro- prietor has not sold and will not sell any tobacco product or tobacco paraphernalia after the permit expiration date and before the permit is renewed. C. If the proprietor has engaged in tobacco re- tailing during a period in which its permit is invalid, a permit may only be re-issued to eligible applicants fol- lowing the applicable periods set forth in Section 9.32.150. (Ord. 2209 § 3, 2020) 9.32.110 Fees for tobacco retailer permit. The fee is $550.00 to issue, or $450.00 to renew, a tobacco retailer permit. The fee shall be adjusted July 1st of each year beginning in 2022 based on Consumer Price Index for all urban users for all items for the San Francisco-Oakland-Hayward statistical area as reported by the U.S. Bureau of Labor Statistics or successor in- dex. Adjustments made on percent change based on the annual average with base of June 2020 in $5.00 incre- ments. A. For failure to pay the fee when due, the city shall add a penalty of: (1) 25 percent of said fee on the first day of February; and (2) 50 percent (non- cumulative) of said fee on the first day of March. When the first day of the month falls on a day when the City Hall is closed, payment of the fee due may be made on the next working day without penalty. Any permit is- sued pursuant to this title may be suspended by the city upon the failure of the tobacco retailer to pay any charges imposed by this title within 60 days after such charges or reports become delinquent. No permit shall be issued, nor one which has been suspended or revoked shall be reinstated or reissued, to any person, who at the time of applying therefor, is indebted to the city for any delinquent permit, unless such person, with the consent of the city, enters into a written agreement with the city, to pay such delinquent taxes, plus five percent simple annual interest upon the unpaid balance, in monthly in- stallments, or oftener, extending over a period of not to exceed one year. B. In any agreement so entered into, such per- son shall acknowledge the obligation owed to the city and agree that, in the event of failure to make timely payment of any installment, the whole amount unpaid shall become immediately due and payable and that his or her current permit shall be revocable by the city upon