(a) All applicants for a three-way alcoholic beverage permit issued pursuant to I.C., 7.1-3-20-16.8 (“Permit”) shall be required, as a condition precedent to being considered for and/or holding such a Permit, to enter into a written commitment (“Commitment”) acceptable to the City that contains all of the conditions set forth in subsections (b) and (c) hereinbelow.
(b) A Commitment shall state and agree that:
(1) The location of the premises for which the Permit is being sought is within one of the following City redevelopment districts: (A) City Center District, (B) Arts and Design District, (C) Midtown District, or (D) The Proscenium District.
(2) If a Permit is issued to an applicant in accordance with this Section, the Permit shall not be transferred from the premises for which it is issued or from the Permit holder to whom it is issued.
(3) If a Permit is issued to an applicant in accordance with this Section, the Commitment and all of the terms and conditions set forth therein shall be binding upon the Permit applicant, the Permit holder, and each and every lessee and/or proprietor of the permitted premises.
(4) If a Permit is issued to an applicant in accordance with this Section, the Permit applicant, the Permit holder, and each and every lessee and/or proprietor of the permitted premises shall agree that the permitted premises shall remain open to the public a minimum of six (6) days and thirty (30) hours per week, and that table and/or counter wait staff shall be available at all such times.
(5) If a Permit is issued to an applicant in accordance with this Section, the Permit holder agrees to forward to both the Council and the Mayor a copy of any application to renew such Permit, as well as provide the same with timely notice of any filings, hearings, or other proceedings regarding or pertaining to such Permit renewal application.
(c) A Commitment shall contain the following information:
(1) The full name and address of the Permit applicant.
(2) The business name and address of the premises for which the Permit is requested.
(3) The “theme” or type of establishment that will be operated on the premises for which the Permit is requested.
(4) The nature and type of dining services that will be provided at the premises for which the Permit is requested.
(5) The daily hours of operation of the premises for which the Permit is requested.
(6) The typical food and beverage selections that will be offered to the public at the premises for which the Permit is requested.
(7) A description of the Permit applicant’s (or premises proprietor’s/lessee’s) experience in operating facilities similar to that which will be operated on the premises for which the Permit is requested.
(8) Financial statements or other financial instrument as deemed appropriate from the Permit applicant and premises proprietor/lessee for the past five (5) fiscal years, and/or a financial reference from a financial institution, if requested by the City.
(9) A statement explaining how the premises, if it were granted a Permit, would benefit the City and the District in which it will be located. This statement should include the number of anticipated new jobs that would result from premises operation.
(10) A full and complete executed copy of the Permit application.
(d) All Commitments shall be submitted to the Mayor, who shall, after review and inquiry, make a recommendation for action thereon to the Council.
(e) The Council, upon recommendation of the Mayor, shall evaluate and consider a Commitment based upon the following criteria:
(1) The location of the permitted premises.
(2) The overall design and quality of the restaurant facility.
(3) The financial investment in the permitted premises and operation.
(4) The reputation and experience of the operator.
(5) The expected timetable for construction or remodeling of existing property and commencement of operations.
(6) The restaurant/permitted premises ability to draw people to and enhance the development of the District.
(7) The uniqueness of the facility and its consistency with the overall plan of the District.
(f) After it is submitted to the Council, a Commitment may be modified by the Council with the agreement of the Permit applicant.
(g) If a majority of the Council accept a Commitment, the Council shall approve the Commitment by ordinance.
(Ord. D-2288-16, 5-16-16; Ord. D-2410-18, As Amended, § 2, 2-19-18)