(A) Within 20 days of the date of denial of an application, the applicant may request in the form of a written application to the city, furnished to the City Clerk, a hearing before the City Council for reconsideration of the license application denial. Such hearings shall be conducted as follows:
(1) The applicant and his or her attorney, may present and submit evidence on the applicant’s behalf to show that the grounds for the original denial do not exist, or are inaccurate.
(2) After reviewing the evidence, the City Council shall determine whether to uphold the denial, or grant the application.
(3) The applicant and his or her attorney, may present a statement and adequate evidence, demonstrating that:
(a) Exceptional or extraordinary circumstances, or conditions apply to the business referred to in the appeal submitted which circumstances or conditions do not apply generally to any proposed business which warrant the issuance of the application notwithstanding conformity with this chapter.
(b) That the granting of such license will not materially affect the health, safety, or welfare of persons residing or working in the neighborhood, patrons, or the public at large and that such issuance shall not be a material detriment, or injurious to public welfare.
(B) In all cases where an appeal is granted, City Council shall find:
(1) That the grant of the appeal will be in harmony with the general purpose and intent of this chapter; and
(2) That the grant of the appeal will not be detrimental or injurious to the neighborhood or the city at large.
(3) The City Council may impose reasonable conditions, if the license is approved for issuance.
(Ord. 2013-009, passed 1-22-2013)