(A) No off-sale liquor license may be issued except in a commercial or business use district.
(B) All licensees must prove to the Council that they are financially responsible and of good moral character. Financial data submitted as a part of the application must provide complete information to satisfy the City Council that the applicants have financial capital to commence business and to operate the business. The City Council is concerned that lack of capital could lead to sales practices which are contrary to the general welfare of the community.
(C) The number of “off-sale” licenses is limited to allow no more than one such license for every 4,000 residents. This provision does not apply to combination on and off-sale licenses. No more than 12 "off-sale" liquor licenses may be issued for property located south of 93rd Avenue.
(D) In a new area being opened to commercial development or if a new structure is being built in an existing commercial or business use district, or if an existing structure is being remodeled to house a new on-sale and/or off-sale license, the applicant/licensee must agree as a condition of acquiring the license that all construction must be completed within a specified time but in no event shall said time exceed a reasonable period as determined by the Council at the time of Council approval. A date for completion of construction shall be included at the time of issuance of a license. Failure to have completed construction and to have obtained a certificate of occupancy and to be in operation within the specified time results in automatic revocation of the license. The applicant/licensee must then be required to file an application for a new license, provide all data required for any new licensee and complete the entire licensing process. Upon the issuance of a license and the opening date established, the business must remain open and operational. If the business closes for more than 30 consecutive days the license shall be revoked unless it is closed by a circumstance out of the control of the business owner (fire, tornado, etc.).
('72 Code, § 805:20) (Am. Ord. 1981-371(A), passed 12-14-81; Am. Ord. 1986-517(A), passed 2-10-86; Am. Ord. 1989-639(A), passed 11-20-89; Am. Ord. 2004-1013, passed 5-10-04; Am. Ord. 2013-1160, passed 8-19-13)