Fremont Municipal Code Art. 3 License Application Procedures and Requirements

Application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or their authorized agent.

(a) Proprietors must be informed of all applicable tobacco retailing laws and the city’s licensing requirements. No proprietor may rely on an issued license as determined by the city that the proprietor has complied with applicable tobacco retailing laws. Nothing in this chapter shall be construed to vest in any person who obtains a tobacco retailer’s license any status or right to act as a tobacco retailer in contravention of any law.

(b) All applications shall be submitted on a form provided by the department and shall contain the following information and documents:

(1) The name, address, email and telephone number of each proprietor of the business seeking a license.

(2) The business name, address, email and telephone number of the single fixed location for which a license is sought.

(3) A single name and mailing address authorized by each proprietor to receive all communications and notices (the “authorized address”) required by, authorized by, or convenient to the enforcement of this chapter. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection (b)(2) of this section.

(4) A copy of a valid state license issued by the California Board of Equalization for the location for which a tobacco retailer’s license is sought.

(5) 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.

(6) Such other information as the department deems necessary for the administration or enforcement of this chapter.

(c) Licensed tobacco retailers shall inform the department in writing of any change in the information submitted on an application for a tobacco retailer’s license within 10 business days of a change.

(d) The information and documents submitted to the city under this section are subject to disclosure under the California Public Records Act (Cal. Gov’t Code § 6250 et seq.) or any other applicable law, subject to legal exemptions.

(e) A license issued by mistake or contrary to this chapter, or any other law, or on the basis of false or misleading information is invalid. (Ord. 07-2019 § 3, 10-8-19.)

Upon receipt of a complete application required by this chapter, the department will issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists:

(a) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information constitutes a violation of this chapter.

(b) The application seeks authorization for tobacco retailing at a location for which this chapter or other city laws prohibit issuance of a tobacco retailer license.

(c) The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued.

(d) The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.g., mobile vending), or is unlawful under the Fremont Municipal Code (e.g., the zoning code, building code, fire code, or the business license tax ordinance), or that is unlawful pursuant to any other law.

(e) The location for which a license is sought lacks a valid state tobacco retailer’s license issued by the California Board of Equalization. (Ord. 07-2019 § 3, 10-8-19.)

(a) Term and Renewal of License. The term of a tobacco retailer license is one year. A tobacco retailer’s license is invalid if the term of the license has expired. Each tobacco retailer shall apply for renewal of his or her license no later than 30 days prior to expiration of the term.

(b) Expiration of License. A tobacco retailer’s license that is not timely renewed shall expire at the end of its term. To renew an expired license the proprietor must:

(1) Submit an application renewal form; and

(2) Submit a signed affidavit affirming that the proprietor:

(A) Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or

(B) Has waited the appropriate ineligibility period under Section 8.75.200, for unlicensed tobacco retailing, prior to seeking renewal of the license. (Ord. 07-2019 § 3, 10-8-19.)

(a) A tobacco retailer’s license may not be transferred from one person to another or from one location to another. A new tobacco retailer’s license is required whenever a tobacco retailing location has a change in proprietor(s).

(b) Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:

(1) The location has been transferred to new proprietor(s) in an arm’s length transaction; and

(2) The new proprietor(s) provide the city with clear and convincing evidence that the new proprietor(s) have acquired or are acquiring the location in an arm’s length transaction. (Ord. 07-2019 § 3, 10-8-19.)

Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the city identified on the face of the permit. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, but not limited to, any provision of the Fremont Municipal Code, zoning ordinance, building codes, business license tax ordinance, or any condition or limitation on smoking in an enclosed place of employment pursuant to Cal. Lab. Code § 6404.5. The issuance of a tobacco retailer’s license under this chapter does not make the retailer a “retail or wholesale tobacco shop” for purposes of Cal. Lab. Code § 6404.5. (Ord. 07-2019 § 3, 10-8-19.)

Any license fee approved by the city council by resolution must be paid by a retailer and submitted with a license application. The fee must be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering the program, conducting public education, retailer inspections and compliance checks, enforcing violations and prosecuting violators. The fee must not exceed the cost of the regulatory program authorized by this chapter and all fees and interest must be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. (Ord. 07-2019 § 3, 10-8-19.)

(a) Compliance with this chapter shall be monitored by the department. Any peace officer or code enforcement officer is authorized to enforce the provisions of this chapter. The city manager may designate any number of additional persons to monitor compliance.

(b) Compliance checks and inspections will be conducted to assess compliance with the requirements of this chapter and whether retailers are conducting their businesses in a manner that complies with applicable tobacco retailing laws. Inspections will be conducted on a complaint basis, and to the extent possible at least once per year. Nothing in this paragraph creates a right of action in any licensee or other person against the city or its agents. (Ord. 07-2019 § 3, 10-8-19.)