(A) Preliminary background and financial investigation.
(1) On an initial application for any license issued pursuant to this subchapter, and on application for transfer of existing license, the applicant shall pay with the application an investigation fee as set forth in the Fee Schedule in § 33.01.
(a) For intoxicating liquor on-sale, on-sale wine, on-sale 3.2% malt liquor, intoxicating liquor temporary on-sale: an investigation fee as set forth in the Fee Schedule in § 33.01;
(b) For off-sale 3.2% malt liquor, temporary on-sale 3.2% malt liquor, and special club licenses: an investigation fee as set forth in the Fee Schedule in § 33.01.
(2) The application in such case shall be made on a form prescribed by § 110.30(A) and with such additional information as the Council may require. The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license.
(B) Comprehensive background and financial investigation. If the results of a preliminary investigation warrant, in the sound discretion of the council, a comprehensive background and financial investigation of the applicant is necessary, the Council may either conduct the investigation itself or contract with the Commissioner of Public Safety or Bureau of Criminal Investigation. The investigation fee for this comprehensive background and financial investigation to be paid by the applicant shall be as set forth in the Fee Schedule in § 33.01 for investigation conducted within the state; and in the amount as set forth in § 33.01, if the investigation is required outside the state. The unused balance of the fee shall be returned to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied. The results of the comprehensive investigation shall be sent to the commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the Council that issuance would not be in the public interest.
(C) Hearing and issuance. The City Council shall investigate all facts set out in the application and not investigated in the preliminary or comprehensive background and financial investigation conducted. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the council shall, in its discretion, grant or refuse the application. No license shall become effective until the proof of financial security has been approved by the Commissioner of Public Safety.
(D) Person and premises licensed; transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval.
(E) Change in ownership of stock; report of transfer. Where a liquor license is held by a corporation, a change in ownership of 10% or more of the stock of the corporation must be reported in writing to the City Council within ten days of the transfer. A transfer of stock without prior Council approval is grounds for revocation of the license.
(Ord. 382, passed 6-5-2017)