A. License Application Process: A person seeking the issuance of a license under this chapter shall provide a written application on forms provided by the City. The application shall be accompanied by:
1. The license fee as set forth in the City's consolidated fee schedule;
2. An approved site plan or conditional use permit or a copy of the applicant's business license;
3. Evidence of proximity to any community location;
4. A floor plan of the premises, including consumption areas and an area where the applicant proposes to keep, store and sell alcoholic beverages;
5. A signed consent form stating that the premises will permit any authorized representative of the commission, City, or County Health Department unrestricted right to enter the premises;
6. A copy of the dram shop insurance coverage as required by the Act;
7. A copy of a cash, corporate or surety bond in the penal amount established by the Act, payable to the Department of Alcoholic Beverage Control; and
8. Evidence of the applicant's background check, proof of being lawfully present in the United States and any other information the City may require to accurately evaluate the merits of the application.
B. Local Consent Procedure: Any application for local consent shall follow the City's application procedures.
1. Business License Official: Each application for a license shall be referred to the business license official. Upon receiving a complete application, the business license official shall submit the request to appropriate City departments for their review and comment.
2. Distance Requirements:
a. An on-premises banquet license, reception center, on- premises beer retailer license, or bar establishment license shall not be granted to a business located within six hundred feet (600') of any community location as measured from the nearest patron entrance of the proposed outlet by following the shortest route of ordinary pedestrian travel to the property boundary of the community location or within two hundred feet (200') of the proposed outlet measured in a straight line from the nearest patron entrance of the proposed outlet to the nearest property boundary of the community location.
b. A beer-only restaurant, full-service restaurant, or limited- service restaurant license shall not be granted to any applicant for any location situated within three hundred feet (300') of any community location as measured from the nearest patron entrance of the proposed restaurant by following the shortest route of ordinary pedestrian travel to the property boundary of the community location or within two hundred feet (200') of the proposed restaurant measured in a straight line from the nearest patron entrance of the proposed restaurant to the nearest property boundary of the community location.
c. No off-premises beer retail license, manufacturer license, or special use permit for a special use permittee operating on a for-profit basis shall be issued wherein the premises would be located within three hundred feet (300') of a community location as measured from the nearest patron entrance of the outlet by following the shortest route of ordinary pedestrian travel to the property boundary of a community location.
3. City Council Approval:
a. The request for local consent shall be reviewed by the City Council at a regularly scheduled meeting not more than forty five (45) days after a complete application is received.
b. The Council shall take public comment on the request. After review of the request and accompanying information, the Council shall vote on whether to grant its consent for the issuance of the license.
c. In deciding whether to grant or deny local consent, the City may also consider the proximity of any educational, religious, or recreational facility, or any other relevant factor in reaching a decision on a proposed location.
d. Notwithstanding the foregoing, an application for a single- event permit in conjunction with a regularly-conducted festival or event which, in previous years, received single-event permit approval from the City, may be approved by the Community Development Director upon a showing the applicant has not violated a provision of this chapter or the Act since the issuance of the last license and that the application meets current ordinances, rules and regulations.
C. Issuance Of License: The City shall issue a license upon compliance with the requirements of this chapter and the applicant providing proof of the issuance of the appropriate license by the commission.
D. Expiration: Licenses issued pursuant to the provisions of this chapter shall expire as follows:
1. Commencing July 1, 2018, off-premises beer retail licenses expire on the last day of February.
2. Full-service, on-premises banquet, reception center, and limited- service restaurant licenses expire on October 31.
3. Bar establishment licenses expire on June 30.
4. On-premises beer retailer and beer-only restaurant licenses expire on the last day of February.
5. Special use permits and manufacturer licenses expire on December 31.
E. Renewal:
1. Renewal Generally: Licenses shall be issued for one year from the date of expiration shown in subsection D of this section. To implement the expiration date of existing licenses, the initial license renewal for licenses existing on the effective date of this chapter shall be prorated to the next expiration date. In the event renewal fees are not received at the office of the license official within forty five (45) days after the due date each year, the licensee must reapply for the applicable retail license and pay a penalty of twenty five percent (25%) of the regulatory fees due as part of the re-issuance fee, in addition to the applicable regulatory license fees. In the event the renewal fees are not received at the office of the license official within seventy five (75) days of each year when due, the licensee must reapply for the applicable license and pay a penalty of one hundred percent (100%) of the fee due as part of the re-issuance fee, in addition to the applicable regulatory license fees. Failure to meet the renewal requirements shall result in an automatic forfeiture of the license effective on the date the existing license expires.
2. Sale; Change In Ownership: If any licensee sells the business, the existing license for that business shall be canceled. The purchaser of the business may apply for a license to sell alcoholic beverages in accordance with the procedures and requirements of this chapter. If any licensee does not immediately notify the City of any change in ownership of business, the City shall revoke that license.
3. Renewal Information Required: Applications for renewal of licenses issued under this chapter shall be accompanied by updated information as outlined in subsection A of this section.
4. Fees: Renewal applications for licenses under this chapter shall be accompanied by the City business license fee and the complete regulatory fees established by the City's consolidated fee schedule, as amended. (Ord. 1317, 3-27-2018; amd. Ord. 1527, 3-1-2022)