(A) The City Council is empowered, authorized and directed to issue licenses to qualified applicants as provided in this subchapter whereby the licensee shall be authorized and permitted to sell liquor at retail in the city, and upon the issuance of such license the licensee therein named shall be authorized to sell liquor at retail, but only in accordance with the rules and regulations promulgated by the City Council, the state’s Liquor Control Board and the provisions of the laws of the state. Qualified persons shall include persons, hotels, clubs and fraternal organizations.
(Prior Code, § 5.40.010)
(B) Prior to the issuance of a license as provided in this subchapter, the applicant shall file with the City Clerk an application in writing, signed by the applicant and containing such information and statements relative to the applicant and the premises where the liquor is to be sold, as may be required by the City Council. The application shall be verified by the affidavit of the person making the same before a person authorized to administer oaths. If any false statement is made in any part of such application, the license, if issued, shall be revoked.
(Prior Code, § 5.40.020)
(C) Upon receipt of an application under this subchapter, accompanied by the necessary license fee, the Board of Aldermen shall, within five days thereafter, cause to be made a thorough investigation of all matters pertaining thereto, and determine whether such applicant is qualified to receive a license and his or her premises are suitable for the carrying on of the business, and whether the requirements of this subchapter, the laws of the state and the rules and regulations of the state’s Liquor Control Board are met and complied with.
(Prior Code, § 5.40.030)
(D) Every license issued under this subchapter shall set forth the name of the person to whom issued, the location by street of the premises where the business is to be carried on under said license, and such other information as the City Council shall deem necessary; if issued to a partnership, the names of the persons conducting the business. Such license shall be signed by the licensee, shall be non-transferable, except and only with the consent of the City Council, shall be posted in a conspicuous place on the premises in respect to which it is issued and shall be exhibited to any duly authorized representative of the City Council whenever the same is requested. Every license issued under the provisions of this subchapter is separate and distinct, and no person, except the licensee therein named, shall exercise any of the privileges granted under this subchapter, and all licenses are applicable only to the premises in respect to which they are issued. All licenses shall expire on January 1 of each year.
(Prior Code, § 5.40.040)
(E) No person shall be granted more than one license in any year. No person, club or fraternal organization shall be entitled to a license under this subchapter unless such person, club or fraternal organization has a beer license and a retail liquor license issued under the laws of the state.
(Prior Code, § 5.40.050)
(F) (1) A city retail liquor 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 or she holds a state license.
(2) A city retail liquor license may not be renewed or transferred as a mater of right. For the welfare of its inhabitants , and in the exercise of its police powers, 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 liquor license, or a renewal or 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 liquor 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, § 5.40.060)
(G) No license shall be issued by the City Council to:
(1) A person who has been convicted of being the keeper or is keeping a house of ill fame;
(2) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency or morality, or the laws of the federal government or the state;
(3) A person whose license under this subchapter has been revoked for cause, or whose license has been revoked by the state’s Liquor Control Board;
(4) A person who, at the time of application for renewal of any license issued under this subchapter, would not be eligible for such license upon a first application;
(5) A person who is not qualified or whose premises do not conform to the provisions of this subchapter, or with the rules and regulations of the City Council, or with the rules and regulations promulgated by the state’s Liquor Control Board; and
(6) A person who is not a citizen of the United States and who has not been a citizen of the state for at least five years and who has not been a citizen of the county for least one year.
(Prior Code, § 5.40.070)
(H) No license shall be granted for any premises which is on the same street or avenue and within 600 feet of a building occupied exclusively as a church, synagogue or other place of worship, or school, except a commercially operated school, the measurements to be taken in a straight line from the center of the nearest entrance of school, church, synagogue or other place of worship to the center of the nearest entrance of the premises to be licensed; except, however, that, no license shall be denied because such restriction may apply to any premises so located which is maintained as a bona fide hotel, restaurant, club or fraternal organization or society, except similar places of business established and in actual operation for one year prior to the passage and approval of the ordinance codified in this subchapter.
(Prior Code, § 5.40.080)
(Ord. 208, passed - -1942; Ord. 225, passed - -1945)