No person shall sell or offer to sell any licensed products at a retail establishment without first having obtained a license to do so from the city.
(A) Applications.
(1) An application for a license to sell licensed products shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant’s residential and business addresses and telephone numbers, the names of the business for which the license is sought, the specific location of the retail establishment, and any additional information the city deems necessary. All new license applications shall include a detailed company management structure and information regarding training for new and existing employees regarding the prevention of sales of licensed products to persons under 21 years of age. No license shall be granted to an applicant under 21 years of age. Incomplete applications shall be returned to the applicant with notice of the information required to complete the application.
(2) Upon receipt of a completed application for a new license, the City Clerk shall forward the application to the Police Department for a background investigation and recommendation. If the Clerk shall determine that an application is incomplete, application shall be returned to the applicant with notice of the information necessary to make the application complete.
(B) Action. Upon receipt of a completed application together with the applicable license fee and a completed background investigation, the City Clerk shall forward the application to the City Council for action at a regularly scheduled Council meeting. The Council may either approve or deny the license, or it may delay action for such reasonable period of time as is necessary to complete any investigation of the application or the applicant it deems necessary. If the Council approves the license, the Clerk shall issue the license to the applicant. If the Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal the Council’s decision.
(C) License fee. The applicant shall submit the license fee required by the city’s fee schedule at time of submission of application. No license shall be issued or renewed unless the appropriate license fee is paid in full.
(D) Investigations.
(1) For all new applicants, a background investigation will be conducted on the applicant listed on the application. If more than 1 background investigation is required, the applicant shall pay a background investigation fee for each background investigation conducted. For renewal applications, in lieu of a full background investigation, city staff shall complete a compliance review prior to issuance of a renewal license. For applicants who have an existing license who want to add an additional location at any time other than annual renewal, a background investigation will be required.
(2) For applicants who are applying for a license for more than 1 location, only 1 background investigation and background investigation fee shall be required.
(E) Revocation or suspension. Any license issued under this section may be revoked or suspended as provided in § 118.13.
(F) Moveable place of business. No license shall be issued to a movable place of business. Only fixed location businesses shall be eligible to be licensed under this section.
(G) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
(H) Renewals. At least 30 days before a license expires, an application for renewal shall be filed with the City Clerk. No licensee has a right to have a license renewed.
(I) Changes in ownership. A license is non-transferable. If there is a change in the ownership of the retail establishment, a new license is required and the applicant shall be required to submit to a background investigation as a new applicant. A license shall only be valid for the premises for which it is issued, and any change in location of the premises shall require reapplication by the applicant for a license for the new premises.
(Ord. 480, passed 11-25-1996; Am. Ord. 662, passed 11-28-2016; Am. Ord. 691, passed 8-26-2019; Am. Ord. 696, passed 8-24-2020)