§ 113.01 LICENSE REQUIRED FROM STATE AND CITY; APPLICATION; ISSUANCE; REVOCABILITY; CITY’S RIGHT OF ISSUANCE, RENEWAL OR TRANSFER; NUMBER LIMITED; EFFECT OF ACTION BY STATE’S BOARD OF EQUALIZATION.
   (A)   No person, corporation or association shall sell beer in the city without first obtaining a license from the state for that purpose and a license from the city.
(Prior Code, § 5.36.030)
   (B)   Upon receipt of the necessary license from the state, the applicant shall make written application to the City Council for a license to carry on such business, and the Council shall thereupon consider the same and, if satisfied that the applicant is a proper and suitable person, corporation or association and should be permitted to carry on such business, the Council may grant such license, the same to be issued by the City Clerk upon the payment of the fees.
(Prior Code, § 5.36.040)
   (C)   The City Council shall have the power to recall or revoke any license issued under the provisions of this subchapter when it appears to them that the person, corporation or association to whom such license has been granted has been convicted of a violation of this subchapter or laws of the state relating to gambling or the sale of intoxicating liquors.
(Prior Code, § 5.36.050)
   (D)   (1)   A city retail beer license shall not issue as a matter of right. For the welfare of its inhabitants and in the exercise of its police powers, the city, in its discretion, may issue or refuse to issue a license to any person, even though he ore she holds a state license.
      (2)   A city retail beer license may not be renewed or transferred as a matter of right. For the welfare of its inhabitants, and in the exercise of its police power, the city, in its discretion, may renew, or decline to renew, may consent to the transfer, or decline to consent to the transfer, of any license, although the holder of the license, or the transferee, holds a license from the state.
      (3)   A city retail beer license, or a renewal or a transfer thereof, may only be granted by the City Council, by resolution adopted.
      (4)   It is the policy of the city not to increase the number of retail beer licenses above seven, and if that number of licenses has been issued the city will not issue any new license, and will not issue a license to take the place of a license which has lapsed, by forfeiture or failure to renew.
(Prior Code, § 5.36.060)
   (E)   If any license issued by the state’s Board of Equalization of the state, under the provisions of the state’s Beer Act are revoked, or suspended under the provisions of said Act, the companion license issued under the provisions of this subchapter shall be automatically revoked or suspended for the same period and, in such event, the action of the state’s Board of Equalization of the state shall, upon appeal, be nullified or set aside; the suspension or revocation of the license issued under the provisions of this subchapter shall likewise be automatically affected.
(Prior Code, § 5.36.070)
(Ord. 207, passed - -1942)