§ 113.18  STANDARDS FOR NON-PREFERENTIAL APPROVAL.
   (A)   When an application is submitted for city approval of a redevelopment liquor license and the state’s Liquor Control Commission does not request or require that the city approve one application “above all others” or otherwise prioritize an application, the application may be approved, approved with conditions or denied by the City Council. Any conditions shall relate to compliance with the requirements or standards contained in the city code and which are applicable to the application.
   (B)   In determining whether a license should be approved, the City Council shall consider the following requirements or factors (jointly, called the standards):
      (1)   If the applicant is not the owner, the owner of the real property with which the license will be used must approve in writing the submission of the application;
      (2)   The applicant must have a real property interest in the real property with which the license will be used;
      (3)   The business with which the license will be used shall be engaged in dining, entertainment or recreation;
      (4)   The business with which the license will be used shall have a seating capacity of at least 25 people;
      (5)   At least $75,000 shall have been expended for the rehabilitation or restoration of the building that will house the licensed premises, or which makes a commitment for a capital investment of at least $75,000 or if a commitment has been made to expend at least $75,000 prior to the issuance of the license, the applicant must agree that the fulfillment of this commitment shall be a condition of approval;
      (6)   The applicant shall have attempted to purchase a readily available escrowed or quota on-premises license within the city and shall establish that a license was not reasonably available;
      (7)   The extent to which the business with which the license will be used will contribute a new or unique choice to the mix of businesses in the DDA District;
      (8)   The extent to which the business with which the license will be used will promote economic growth in a manner consistent with adopted goals, plans or policies applicable to the DDA District, including but not limited to the DDA’s Development Plan and all other master plans applicable to the DDA District; and
      (9)   Those factors related to a request for issuance of a new liquor license contained in § 113.03(B) of this chapter.
(Prior Code, § 7.305)  (Ord. 758, passed 1-7-2013)