A. The City shall accept applications for regular IABD licenses, except Class E liquor licenses as long as they are also a holder of a BE license, only when the following conditions are met: (Ord. 94-5, 3-1-1994)
1. All required State forms and the City's investigative form, said form to be submitted to the Chief of Police at least ten (10) days prior to the submission of the application for City Council approval, are properly completed and in order.
2. The appropriate licensing fee established by the State of Iowa has been paid.
3. Written consent has been given by applicant that members of the Fire, Police, and Health Departments and the building inspector may enter upon the premises without warrant to inspect for violations of the provisions of State law and this chapter.
4. No licensee shall have or maintain any interior access to residential or sleeping quarters unless permission is granted by the Administrator of the IABD in the form of a living quarters permit.
5. The premises of a Class B beer permit and classes of liquor licenses or wine permits where consumption on the premises is allowed shall, at the time of the application, and continue to be equipped with sufficient tables and seats to accommodate twenty five (25) persons at one time.
6. The premises of a licensee must be located within a district now or hereafter zoned for business or commercial purposes and conform to the zoning requirements of this City. However, a premises which is not in complete compliance with all regulations may be conditionally approved under subsection A3 of this section and the following subsections.
B. The City Clerk shall coordinate an investigation of each application to determine the appropriate City recommendation to the IABD. The City Clerk shall provide a copy of the completed local authority investigative form to the appropriate City department for investigation and report. Reports from such departments shall be included in each staff recommendation to the City Council.
C. The City Clerk may make an unfavorable or conditionally favorable recommendation to the City Council on any application, if:
1. The applicant has a record of violations of State alcoholic liquor laws;
2. The applicant has a record of use of controlled substances or excessive use of alcoholic beverages;
3. The applicant has a record of violations of criminal law or ordinances connected in time, place and manner with a liquor establishment or which demonstrate a disregard for law;
4. The applicant has maintained, or allowed to exist, an establishment which creates or is a public nuisance, or other violation of this Code, or Federal or State law which causes, permits or suffers disorderly or violent acts, (litter, noise, vandalism, vehicular or pedestrian traffic congestion), or other locational problems, in the proximity of such establishment;
5. The applicant has not maintained the premises in accordance with the Building Code, Fire and Life Safety Code of the City and the State;
6. The applicant seeks licensing of premises which would not be consistent with City land use designations;
7. The applicant has demonstrated an unwillingness or inability to cooperate with the City or neighbors to resolve "driving under the influence of liquor" concerns or community disputes related to a licensed establishment; or
8. There is any other specific reason consistent with the purposes of these provisions which the City Clerk concludes warrants an adverse recommendation to the City Council based upon public health, safety, welfare, convenience or necessity.
D. All regular IABD license original applications and renewals shall be included on a Council agenda. If the City Clerk makes an unfavorable or conditionally favorable recommendation, or if a City Council member requests, a public hearing shall be held to allow all interested parties a reasonable opportunity to be heard by the City Council.
E. Before the City Council recommends denial of a liquor license, wine or beer permit application, notice of the public hearing must be given to the applicant either personally or by certified mail postmarked not later than ten (10) days prior to the hearing. The notice shall contain:
1. The date, time and place of the hearing;
2. A copy of the recommendation of the City Clerk, together with all supporting reports and documents; and
3. A statement that information about procedures and rights of parties may be obtained from the Office of the City Clerk.
F. If a public hearing is scheduled, the City Clerk shall publish, in a newspaper of general circulation in the City, a notice specifying the time, date and location of the hearing and business name and address of applicant. The notice shall inform the public that testimony may be given for or against the application.
1. When a public hearing, before the City Council, is held:
a. The applicant and the City Clerk or other designated City official shall have the right to present written and oral evidence and shall have the right to rebut opposing evidence;
b. The hearing shall be limited to production of evidence relevant to the recommendation of the City Clerk, unless the City Council decides to hear additional evidence;
c. After consideration of all relevant evidence, the City Council shall make its recommendation. The recommendation shall be based on substantial evidence relative to the criteria contained in this section and shall be final. In the case of an adverse recommendation, the City Clerk shall make findings of fact which shall be forwarded to the IABD along with the City Council's recommendation against the application.
G. If the City Council finds that an applicant does not meet the criteria established by this section, the Council may make a favorable recommendation with a letter of warning. The City Clerk shall deliver to the applicant, in person or by certified mail, a summary of the reports relating to the application, and a notice to correct the problems cited. A copy of this notice and summary shall be sent to IABD. During the following license period, the City Clerk, or a designated City official, shall monitor the progress of the applicant in correcting such problems and report to the City Council. At the time of the next license renewal, the applicant shall have the burden of proof to establish that the license should receive a favorable recommendation for renewal. If the City Council finds that the applicant has not made sufficient progress in correcting the conditions which resulted in the letter of warning, the Council may then make an unfavorable recommendation to IABD without further public hearing.
H. If the City Council makes an unfavorable recommendation on any license application, the Council shall not consider a new application from the same applicant while an administrative or court appeal relating to such license is pending. The applicant may resubmit an application to the Council in less than six (6) months from the date of an unfavorable recommendation by the Council only if the conditions which caused such recommendation have been remedied. (Ord. 91-28, 12-17-1991)