(A) If application is by a natural person, it shall be signed and sworn to by the person; if by a corporation, by an officer thereof; if by a partnership, by one of the general partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license and insurance policy shall be made and issued in the name of all partners. Any false statement in an application may result in denial of the application. Applications shall be filed with the City Clerk. (‘81 Code, § 3-36) (Am. Ord. 933, passed 8-9-12)
(B) (1) Investigation. At the time of making an initial application, renewal application, or request for approval for a new operating officer, or an amendment to the license due to a change in the ownership or control or interest in the licensee, or a change in a licensed club’s board of directors, club officers, or any member of any operating committee which has decision-making authority for the club’s overall operation, the applicant/licensee and each person required to be identified in a license application or an amendment notice as set forth in § 111.23 and § 111.34 shall be subject to and shall authorize, in writing, the Apple Valley Police Department to investigate all facts set out in the application and do a personal background and criminal record check. The authorization shall further authorize the Apple Valley Police Department to release information received from the investigation to the City Council. The applicant/licensee shall have an opportunity to review the information before it is released to the City Council, if requested.
(2) Hearing requirements.
(a) Notice of hearing. Upon receipt of the written report and recommendation by the Police Department, the Council shall instruct the Clerk to cause to be published in the official newspaper ten days in advance, a notice of hearing held by the Council, setting forth the day, time and place when the hearing will be held, the name of the applicant, the premises where the business is to be conducted, the nature of the business and other information as the Council may direct.
(b) Conduct of hearing. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license.
(c) Hearing on renewal applications. Prior to granting renewal applications, the Council shall hold a public hearing. Notice of the time and place of the meeting and the fact that renewal applications will be considered shall be published in the official newspaper ten days in advance of the hearing. Opportunity shall be given to any person to be heard for or against the granting of a renewal license.
(d) Costs. The cost of all hearings, except uncontested, routine renewal hearings shall be borne by the applicant.
(e) Applicability. The provisions of this section are not applicable to applications for temporary licenses and off-sale 3.2% malt liquor licenses.
(3) Vote required. After an investigation and hearing, where applicable, the Council shall grant or refuse the application in its discretion.
(4) Issuance to applicant only. Each license shall be issued to the applicant only.
(5) Issuance for exact rooms and footage. Each license shall be issued only for the exact rooms and square footage described in the application.
(6) Effective date. No special club license or on-sale wine license shall become effective until it, together with the security furnished by the applicant, has been approved by the State Commissioner of Public Safety.
(7) Premises under construction. When a license is granted for premises where the building is under construction or otherwise not ready for occupancy, the Clerk shall not issue the license until notified by the building official that the building is ready for occupancy and conforms to the premises described in the application approved by the Council.
(8) Report to state. The Clerk shall, within ten days after the issuance of any license under this chapter, submit to the Commissioner of Public Safety the full name and address of each person granted a license, the true name, the effective license date and the date of expiration of the license. He or she shall also submit to the Commissioner of Public Safety any change of address, transfer, cancellation or revocation or any license by the Council during the license period.
(‘81 Code, § 3-37) (Ord. 458, passed 9-21-89; Am. Ord. 624, passed 1-23-97; Am. Ord. 954, passed 12-12-13)