(1) Preliminary investigation.
(a) Preliminary background and financial investigation. On an initial application for a license, on an application for transfer of a license and on an application for renewal of a license, the city shall conduct a preliminary background and financial investigation of the applicant or it may contract with the Commissioner of Public Safety for the investigation. The applicant shall pay with the application an investigation fee that is established in the city’s fee schedule, which shall be in addition to any license fee. The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale liquor license or an on-sale wine license.
(b) Comprehensive background and financial investigation. If the results of a preliminary investigation warrant, in the sound discretion of the Council, a comprehensive background and financial investigation, the city may either conduct the investigation itself or contract with the Commissioner of Public Safety for the investigation. The investigation fee for this comprehensive background and financial investigation shall be the same amount as the fee established for the preliminary investigation, unless the investigation is required out of the state in which case the fee shall be $10,000. The unused balance of the fee for a comprehensive background and financial investigation shall be returned to the applicant whether or not the application is denied. The fee shall be paid by the applicant and in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied. The results of the comprehensive investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale liquor license or an on-sale wine license.
(c) Inspection of premises. The applicant shall at all times permit the health officers and representatives of the Police and Fire Departments to inspect and examine the place of business described in the application, together with all appliances, instruments or equipment used or to be used in the conduct of the business for which the license is sought and any refusal on the part of the applicant to permit the inspection or any false statement in the application shall be sufficient ground for the refusal to issue the license or to revoke the same after issuance thereof.
(2) Hearing and issuance. The Council shall investigate all facts set out in the application and not investigated in the preliminary background and financial investigation. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the Council shall, in its discretion, grant or refuse the application. No on-sale, on-sale wine license, off-sale license or club license shall become effective until it, together with the security furnished by the applicant has been approved by the Commissioner of Public Safety.
(3) Transfers. Each license shall be issued only to the applicant and for the premises described in the application. No license shall be transferred to another person or place without Council approval. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this code applying to applications for a license shall apply. The transfer of any stock of a corporate licensee shall be deemed a transfer of the license, and any transfer of any stock without prior Council approval shall render the license void.
(4) Corporate license. Licenses may be issued to a partnership or a corporation.
(Prior Code, § 701.05)
(5) Council discretion. The Council in its sound discretion may either grant or deny the application for any license or for the transfer or renewal of any license. No applicant has a right to a license under this chapter.
(Am. Ord. 13-99, passed 6-14-1999)