(A) Application contents. Applications for a license to sell beer, wine, or spirits shall be made to the City Commission by filing a written application, signed by the applicant, with the City Clerk. The application shall be in a form required by the City Clerk and shall contain at a minimum the following statements and information:
(1) The name, age, and address of the applicant and all partners of the applicant. If the applicant is a corporation, a copy of the articles of incorporation and current corporation records disclosing the identity and address of all directors, officers, and shareholders.
(2) The location and legal description of the premises or place of business at which the liquor license will be utilized, and the name and address of the owner, if different from the holder of the liquor license, and written evidence of the applicant's right to possession of the premises.
(3) A zoning permit or similar clearance from the Zoning Administrator verifying that the proposed use of the location at which the liquor license will be utilized is in compliance with the zoning ordinance.
(4) A certificate of occupancy or similar clearance from the Building Inspector verifying that the structure and premises at which the liquor license will be utilized is in compliance with building, property maintenance, and all other applicable local code provisions.
(5) Certification or other written evidence from the City Treasurer demonstrating that all real and personal property taxes and City utility bills associated with the premises at which the liquor license will be used are paid to date and that all real and personal property taxes, City income taxes, and City utility bills in the name of the applicant are paid to date.
(6) Specific personal information on the applicant, partners, directors, and shareholders as required by the Department of Public Safety to run a criminal history or similar record check.
(7) A statement that the applicant will not violate any of the laws of the state or the ordinances of the City in conducting the business in which the liquor license will be used and that a violation on the premises may be cause for objecting to renewal of the license or for requesting revocation of the license.
(8) A statement that the applicant under- stands that the City has an ordinance prohibiting public nudity and that a violation of the ordinance on the premises where the liquor license is used will be cause for objecting to renewal of the license or for requesting revocation of the license.
(B) Liquor license transfers. Applications for liquor license transfers shall be submitted to the City Clerk on a form required by the City Clerk and signed by both the current license holder and the proposed license holder. The application shall contain, at a minimum, the information and statements required in an application for a new license.
(C) Restrictions on licenses. The City Commission shall not approve, grant, or recommend the issuance or transfer of a liquor license:
(1) Without a fully completed application that meets the requirements listed above for the contents of an application for a license;
(2) To an applicant who has had a liquor license revoked under this ordinance or by the state Liquor Control Commission;
(3) To a corporation with a manager, officer, director, or shareholder who would be ineligible under this ordinance or state Liquor Control Commission regulations to receive a liquor license; or
(4) Where the proposed location is not readily accessible to police, fire, and EMS vehicles.
(D) Term of license approval. The City Commission's approval or positive recommendation to the State Liquor Control Commission concerning a proposed liquor license shall be for a period not to exceed one year. Any required remodeling or new construction for the use of the license shall be completed within six months of the Liquor Control Commission's approval or issuance of the license, unless a specific allowance of up to two additional months is granted by the City for good cause.
(E) Discretion. The City Commission shall exercise its discretionary authority in reviewing and acting on applications for liquor licenses and liquor license transfers.
(F) Public hearing. The City Commission may hold a public hearing on any application for a new liquor license or a transfer of a liquor license.
(G) Applicant's presentation. The applicant shall be allowed a reasonable opportunity to make a presentation to the City Commission in support of the application for a new liquor license or a transfer of an existing liquor license.
(Am. Ord. 415-2-97, passed 2-17-97)