At the hearing held by the governing body of any applicant for a retail liquor license, for the upgrading of a license to sell alcoholic liquor, or for the expansion or change in location of the premises, the governing body shall consider the following criteria and standards in making its decision:
(A) The adequacy of existing law enforcement;
(B) The recommendation of the Police Department, the County Sheriff's Office, or any other law enforcement agency;
(C) Existing motor vehicle and pedestrian traffic flow in the vicinity of the proposed premises, potential traffic and parking problems, and the proximity and availability of on- and off-street parking;
(D) Sanitation or sanitary conditions on or about the proposed licensed premises;
(E) The existence of a citizens’ protest and any other evidence in support of or in opposition to the application;
(F) The existing population of the city and its projected growth;
(G) The existing liquor licenses, the class of such license, and the distance and time of travel to such licenses;
(H) The nature and needs of the neighborhood or community where the proposed premises are located as well as its projected growth;
(I) Whether the type of business or activity proposed to be operated in conjunction with the proposed license is and will be consistent with the public interest;
(J) The quality and management ability of the applicant, as well as the background information of the applicants established by information contained in the records of the State Liquor Control Commission and any investigation conducted by any law enforcement agency;
(K) Past compliance and ability to comply in the future with state laws and liquor regulations and city ordinances and regulations;
(L) If the application is for an on-sale license, whether it is adjunct to a legitimate food service operation as evidenced by percent of gross income allocated to food and liquor, and the type and extent of kitchen facilities;
(M) The suppression of facts or the providing of non-factual information by the applicant or its representatives to the governing body or its employees in regard to the license application or liquor investigations;
(N) Whether the application will provide an improvement to the neighborhood, a betterment to the city, or a true increase in service to the public; and
(O) Zoning restrictions and the city zoning and land use policies.
(1999 Code, § 10-601)