(A) The Clerk shall refer all license applications to the Zoning Administrator for a determination of whether the proposed licensed activity would result in a violation of any provision of the zoning code. The Administrator shall provide the applicant with a statement citing any specific violation of the zoning code that would result from the issuance of a license at the proposed location.
(B) The applicant shall have the opportunity to amend the proposed location of the license activity so as to comply with the zoning code, or to resort to all remedies available to cure the prospective violation and obtain authorization for said licensed activity through provision of the zoning code.
(C) The Clerk shall refer license applications for which an inspection or application review is required to the member of the administrative service charged with the duty of making such inspection or application review. Said official shall make a report within ten days of receipt of the application and indicate whether there were any observed violations of ordinances at the proposed location of the licensed activity or whether there is reason to believe that an ordinance violation would result from the license being approved. The official shall specify facts supporting such a belief.
(1) If no inspection or application review is conducted within ten days, the city official charged with making such inspection or review shall report the reason why no inspection or review was conducted. The inspection report and the license application shall then be returned to the Clerk.
(2) The administrative official charged with the duty of conducting any inspection that is required under this chapter is granted the authority to conduct such inspections at any reasonable hour and in a lawful manner.
(3) For license renewal applications, a report of any inspection conducted within the 12 months preceding the date for renewal may be utilized and no new inspection is required.
(D) (1) The Clerk shall forward all license applications to the City Council for consideration of said application. The City Council shall review all applications submitted to it and shall have reasonable discretion to approve or deny any application, as allowed by law, subject to the requirements of this chapter as hereinafter provided.
(2) The City Council may, by annual resolution, delegate the authority to approve licenses for all qualified applicants under any section or subdivision of this chapter to the administrative service; provided that all qualifications, conditions and requirements for the issuance of a license shall be enforced.
(E) Any person who has been refused or denied a license under this chapter, shall have the right to a public hearing before the City Council, to be held within 14 days after such hearing is requested and after five days' notice to the license applicant.
(F) If the license application is refused or denied after a public hearing, the City Council shall thereafter provide in writing findings of fact regarding the qualifications of the applicant, the results of any inspection and specific reasons for denial of the license application.
(`77 Code, § 5.102) (Am. Ord. 1377, passed 10-12-98)