(A) Notice to the city.
(1) At the time an applicant for the issuance or transfer of a license submits to the State Director a written application for the issuance or transfer of a license, the applicant shall notify the city of the application by providing written notice to the Liquor Hearing Officer through the staff of the City Council Services Department.
(2) The State Director will notify the Liquor Hearing Officer through the staff of the City Council Services Department of any preliminary approval of the issuance or transfer of the license prior to final approval.
(B) Process for review by the city. Once the Liquor Hearing Officer has received a notice of preliminary approval, or conditional preliminary approval (pending approval of a waiver), of the issuance or transfer of a license from the State Director the Liquor Hearing Officer may approve or disapprove the issuance or transfer of such license in accordance with the provisions of paragraphs (1) through (9), below:
(1) After receiving the preliminary approval from the State Director, the City Council staff shall within five days submit the notice of preliminary approval to the Liquor Hearing Officer. The Liquor Hearing Officer shall conduct a public hearing within 45 days from the date of the mailing of the notice of preliminary approval by the State Director. The Liquor Hearing Officer may promulgate rules of procedure for the hearings. These rules shall conform with accepted administrative hearing procedures. The Liquor Hearing Officer shall conduct this hearing and accept documentary and testimonial evidence in accordance with such rules of procedure.
(2) The City Council staff shall provide notice of the public hearing required by subsection (B)(1) above by:
(a) Publishing a notice of the date, time and place of the hearing at least once a week for two consecutive weeks in a newspaper of general circulation within the territorial limits of the city. The notice of hearing shall set forth:
(i) The name and address of the licensee;
(ii) The action proposed to be taken by the State Director;
(iii) The location of the licensee's premises; and
(iv) Such other information as may be required by the State Director.
(b) Sending a notice by certified mail to the applicant of the date, time and place of the public hearing.
(3) A record shall be made of the public hearing.
(4) As soon as practicable after the public hearing, the Liquor Hearing Officer shall issue a decision containing his or her findings and recommendations.
(5) The Liquor Hearing Officer may disapprove the issuance or transfer of the license if:
(a) The proposed location is within an area where the sale of alcoholic beverages is prohibited by state law;
(b) The issuance or transfer would be in violation of the zoning regulations or any other applicable ordinance of the city; or
(c) The issuance or transfer would be detrimental to the public health, safety or morals of the residents of the city.
(6) Within 30 days after the public hearing, the Liquor Hearing Officer shall notify the State Director as to whether the proposed issuance or transfer of the license has been approved or disapproved. If the Liquor Hearing Officer fails to either approve or disapprove the issuance or transfer of the license within 30 days after the public hearing, the State Director may give final approval to the issuance or transfer of the license.
(7) In the event of disapproval, the Liquor Hearing Officer's notification to the State Director will set forth the reasons for the disapproval. A copy of the minutes of the public hearing shall be submitted with any such notification.
(8) The City Council, by delegation of authority, deems as approved all findings and determinations made by the Liquor Hearing Officer.
(9) Any person aggrieved by any decision made by the Liquor Hearing Officer as to the approval or disapproval of the issuance or transfer of a license may appeal to the District Court by filing a petition in that Court within 30 days from the date of the decision. The decision of the Liquor Hearing Officer shall continue in force, pending a reversal or modification by the District Court, unless otherwise ordered by the Court.
('74 Code, § 10-8-3) (Ord. 50-1979; Am. Ord. 58-1979; Am. Ord. 89-1981; Am. Ord. 37-1993; Am. Ord. 13-1999; Am. Ord. 2023-010)