(a) Each application shall be referred to the chief of police for investigation and approval of the proposed sales area with regard to city zoning ordinances. The chief of police shall also investigate with regards to the other requirements of this division. Any application for licensure may be denied or such license may be revoked for any of the following reasons:
(1) Any misrepresentation or false statement contained in the application for licensure;
(2) A violation of any of the provisions of this division;
(3) Conviction of any crime involving moral turpitude;
(4) Conviction of any crime constituting a breach of the peace, or a violation of any city ordinance or state law, or when the incident constituting the basis of such crime occurred during the course of business conducted under licensure;
(5) Proposed operation would not comply with federal or state law or city ordinance, including zoning restrictions and state food service establishment rules;
(6) Failure to provide parking spaces, which need not be paved, sufficient in number to accommodate the number of automobiles reasonably expected to be parked at any one time, taking into consideration the type, size, and quantity of merchandise to be offered for sale, in addition to those parking spaces required under the zoning ordinance for existing businesses;
(7) Blocking access to city streets or driveways;
(8) Failure to provide adequate trash containers for the proposed use; and
(9) Failure to report and/or remit sales tax collected for the city to the state comptroller.
(b) Upon denial or revocation of a license under this division, the chief of police shall notify the applicant or licensee, in writing, of the reason for such denial or revocation. The applicant or licensee shall have a right to appeal to the city council upon the denial or revocation of a license. After an applicant for a license under this division has complied with the provisions and requirements herein and upon payment of the fees prescribed in chapter 22, the chief of police shall issue the applicant a license certifying compliance. Such license, when issued, shall be signed by the chief of police and shall be dated as of the date of its issuance. Any license not signed and dated or a license issued in violation of this division shall be void.
(Prior Code, § 5-118; Ord. of 11-8-2016)