§ 110.25 RETAIL LICENSING STANDARDS; BINDING RECOMMENDATIONS.
   (A)   The City Council shall consider the following licensing standards and criteria at the hearing and an evaluation of any applicant for a retail alcoholic liquor license, for the upgrading of a license to sell alcoholic liquor, or for the expansion or change in location of the premises, and for the purpose of formulating a recommendation from the City Council to the State Liquor Control Commission in accordance with the State Liquor Control Act:
      (1)   The adequacy of existing law enforcement resources and services in the area;
      (2)   The recommendation of the Police Department or any other law enforcement agency;
      (3)   Existing motor vehicle and pedestrian traffic flow in the vicinity of the proposed licensed premises, potential traffic and parking problems, and the proximity and availability of on-street and off-street parking;
      (4)   Zoning restrictions and the city's zoning and land-use policies;
      (5)   Sanitation or sanitary conditions on or about the proposed licensed premises;
      (6)   The existence of a citizen's protest and any other evidence in support of or in opposition to the application;
      (7)   The existing population, and projected growth, both city-wide and within the area to be served;
      (8)   The existing liquor licenses, the class of the license, and the distance and times of travel to the licenses;
      (9)   The nature and needs of the neighborhood or community where the proposed premises are located as well as its projected growth;
      (10)   Whether the type of business or activity proposed to be operated in conjunction with the proposed license is and will be consistent with the public interest; and
      (11)   Other information and data that may reasonably be considered pertinent to the issuance of the license.
   (B)   The preceding standards are not necessarily of equal value that can be computed in a mathematical formula. Rather, they are standards which can be weighed and cumulated positively and negatively. The burden of proof and persuasion shall be on the party filing the application. When applicable, the term APPLICANTS as used herein is synonymous with LICENSEE.
(Neb. RS 53-134) (1973 Code, § 10-125) (Ord. 573, passed 5-8-1986)