4.35.080 Denial of application.
At the conclusion of the hearing, the city council shall grant or deny the application. The city council shall deny the application if it finds any of the following:
   (1)   The conduct of the establishment or the granting of the application would tend to adversely affect the public health, safety, or welfare; or
   (2)   The establishment has been, is being, or would likely be, operated in an illegal, improper, or disorderly manner; or
   (3)   The applicant, owner, or any other person associated with the applicant or owner as principal or partner, or in a position or capacity involving partial or total control over the conduct of the establishment, has, within the previous ten years been convicted of any offense involving the presentation, exhibition, or performance of entertainment found by a court to be obscene, or of any other crime involving fraud or deceit upon any member of the public, in conjunction with the operation of a similar kind of establishment or the provision of entertainment; or
   (4)   That granting the application would tend to create or contribute to a public nuisance; or
   (5)   That the operation of the establishment would tend to interfere with the peace and quiet of, or would otherwise tend to adversely affect, any residential neighborhood, business or other lawful use of property. For purposes of this subsection, the city council may consider the proximity of other permittees and if another permittee is determined to be located within one thousand feet of the location of the proposed entertainment, it shall deny the permit unless it finds that the granting of an additional permit will not tend to adversely affect any lawful use of property; or
   (6)   That the granting of the application would tend to have a substantial adverse impact on traffic flow anywhere in the city; or
   (7)   Existing, available parking is or would be insufficient if the application is granted.
(Ord. 552 § 7, 2000; Ord. 383 § 2 Ex. A (part), 1986).