5.38.060 Issuance of License.
A. Bases for Denial of License. Upon the receipt of a complete application for a tobacco retailer’s license and the license fee required by this chapter, the Department shall issue a license unless substantial evidence demonstrates that one or more of the following bases 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 chapter;
2. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits a licensed to be issued. However, this subsection shall not constitute a basis for denial of a license if the applicant provides the City 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 chapter prohibits a license to be issued;
4. The application seeks authorization for tobacco retailing at a location that is unlawful pursuant to this code, including, without limitation, a provision of a zoning ordinance or building code, or that is unlawful pursuant to any other law.
B. Appeal of Denial of License. Subject to Larkspur Municipal Code Section 5.38.120(B), a decision of the Department to deny a license is appealable to the City Council under Larkspur Municipal Code Chapter 2.50.
C. Pharmacies Cannot Sell Tobacco Products. No license may be issued to authorize tobacco retailing in a pharmacy, and no pharmacy shall engage in tobacco retailing at any time. (Ord. 1037 § 2, 2019)