(A) State license required. All local liquor licenses shall be conditioned on the acquisition and maintenance in good standing by the applicant and licensee of a state liquor license. No local liquor license shall authorize the retail sale of any alcoholic liquor until proof of acquisition of such state liquor license is furnished to the Commissioner. If any state liquor license sought or held by a licensee is refused, suspended or revoked, then such licensee shall be deemed in violation of this chapter and such licensee’s local liquor license shall be subject to revocation.
(B) Insurance required. All local liquor licenses shall be conditioned on the acquisition and maintenance in good standing by the applicant and licensee of general liability insurance in the amounts of at least $2,000,000 for injury or death to any person and $2,000,000 for damage to property and dram shop liability insurance at least to the maximum amount recoverable under applicable state statutes. Before any local liquor license may be issued, the applicant shall furnish the Commissioner with a certificate from an insurance company authorized to do business in the state certifying that the applicant has such insurance policies in force for the full period for which the local liquor license is to be issued. With respect to F-2, F-3, F-5 and F-6 licenses, such licenses shall be conditioned on the acquisition and maintenance in good standing by the applicant and licensee of general liability insurance in the amounts of at least $1,000,000 for injury or death to any person and $1,000,000 for damage to property; provided that nothing in this division (B) shall excuse a F-2, F-3, F-5 and F-6 licensee from complying with state dram shop insurance requirements.
(C) Bond required. All local liquor licenses shall be conditioned on the acquisition and maintenance in good standing by the applicant and licensee of a surety bond in favor of the city in the amount of $2,000 to the city. Before any local liquor license may be issued, the applicant shall furnish such bond. Such bond shall be forfeited automatically on revocation of the local liquor license for which the bond was furnished if revocation was for cause.
(D) Termination due to individual change. When a local liquor license has been issued to an individual who is discovered to be, or who becomes, ineligible for such local liquor license, the licensee shall be deemed in violation of this chapter and such licensee’s local liquor license shall be subject to revocation.
(E) Termination due to partnership change. When a local liquor license has been issued to a partnership, and a change of ownership occurs resulting in any person that is ineligible to hold a local liquor license acquiring a partnership interest, the licensee shall be deemed in violation of this chapter, and such licensee’s local liquor license shall be subject to revocation.
(F) Termination due to corporate change. When a local liquor license has been issued to a corporation or limited liability company, and a change occurs in any of the directors, officers, managers, stockholders of more than 5% of the stock, or members with more than a 5% interest resulting in any person that is ineligible to hold a local liquor license becoming a director, officer, manager, stockholder of more than 5%, or member with more than a 5% interest, the licensee shall be deemed in violation of this chapter, and such licensee’s local liquor license shall be subject to revocation.
(G) Cessation or interruption of business. Any licensee who ceases to do business or closes his or her place of business for a period of more than 30 days without the prior written consent of the Commissioner shall be deemed in violation of this chapter, and such licensee’s local liquor license shall be subject to revocation. A licensee who intends to cease to do business or who intends to close his or her place of business for more than 30 days shall give the Commissioner written notice of such cessation or closing as soon as practical after the decision to cease business or close is made, but in any event before the cessation or closing. Such notice shall state the expected date of cessation or closing and the reason therefor.
(H) Compliance with zoning approvals. All licensees must comply with the provisions of any applicable zoning approval for the licensed premises, including but not limited to, a special use permit.
(Prior Code, § 4-18) (Ord. 2013-26, passed 5-20-2013; Ord. 2013-65, passed 10-7-2013; Ord. 2020-027, passed 9-8-2020)