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Ordinance 2021- Tobacco Ordinance Revisions Page 5 of 5 5 Sec. 38-81. Fees. No license shall be issued under this article until the appropriate license fee shall be paid in full. Fees shall be set from time to time by the city council. Sec. 38-82. Basis for denial of license. The following shall be grounds for denying the issuance or renewal of a license under this division, and if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this article: (1) Underage. The applicant is under the age of 21 years. (2) Prior conviction. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. (3) Prior revocation. The applicant has had a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices revoked, in this city or at any other place, within the preceding 12 months of the date of application. (4) Information lacking, false or misleading. The applicant fails to provide any information required on the application, or provides false or misleading information. (5) Otherwise prohibited. The applicant is prohibited by federal, state or other local law, ordinance, or other regulation, from holding such a license. Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED by the City Council this 3rd day of January, 2022 ______________________________ Tom Weidt, Mayor ATTEST: _____________________________ Michele Lindau, City Clerk