(A) An application for a city-issued alcoholic beverage privilege license shall be submitted to the City Clerk on forms approved by the City Manager. Once properly submitted to the City Clerk, the Clerk shall forward the application materials to the City Manager and the Manager’s designee(s) for further evaluation. The evaluation process shall include, at a minimum, a review of the applicant’s criminal history record by the police department and an evaluation by the community development division of the compliance of the applicant’s proposed business location with the applicable zoning, building, and fire prevention codes. These units of the city government shall report the results of their reviews of the application to the City Manager within a reasonable period of time not to exceed 30 days.
(B) If none of the above-listed units of the city government recommends denial of the requested license, and the City Manager indicates to the Clerk that no credible material evidence has been submitted to the Manager’s office as grounds for considering a denial of the application, the City Clerk shall issue the license upon payment of the prescribed annual license fee.
(C) If any unit of the city government recommends denial of an application, the City Manager shall make the final staff level determination after reviewing the evaluations submitted by the police department and the community development division along with any other relevant information received by the Manager. If the City Manager determines that there is an absence of credible evidence to support denial or non-renewal of an application, he or she shall issue his or her determination and direct that the license be issued. Alternatively, if the City Manager determines that a sufficient lawful basis exists to consider denial or non-renewal of an application, the Manager shall refer the application to the City Council for its consideration at the next regular meeting of the Council.
(D) Before deliberating about the approval or denial of the issuance of a local ABC permit, the Council shall give the applicant an opportunity to appear and present evidence at a quasi-judicial hearing conducted before the Council. Any hearing held under the provisions of this chapter shall be upon at least ten days’ notice to the applicant. All persons who present evidence at such a hearing shall be sworn and parties shall have the right to cross-examine witnesses. The Council shall make written findings of fact based upon the evidence presented at the hearing. If the Council finds that one or more of the requested license(s) should be issued, the Council will direct the City Manager to issue the specified license(s). If the Council finds that the application for one or more local ABC licenses should be denied, the Council will enter its decision as part of the written findings of fact. The applicant may appeal the denial of a license to the Randolph County Superior Court by an action in the nature of certiorari so long as, and on the condition that, notice of appeal is given within 30 days of the receipt of written findings stating the basis of the Council’s denial of the requested permit.
(E) The City Manager shall establish any administrative policies and application forms necessary to implement this section.
(Ord. 19 ORD 6-15, passed 6-29-15)