In addition to any other inquiries, conditions, or considerations required or permitted by law:
(A) The City ABC Administrator shall not grant any alcoholic beverage license or approve a renewal of a license until the applicant and his or her place of business shall have been approved by a licensed building inspector, and any and all other inspections required by the State Building Code or other applicable law with the exception of pending construction.
(1) Applications approved by the City ABC Administrator based on pending construction or development shall be null and void after 90 days of the commitment to issue a license if the applicant fails to proceed in an orderly fashion to initiate construction or development on the premises involved.
(2) Extensions may be granted by the ABC Administrator if he or she deems appropriate in exercise of sound discretion based on facts and circumstances surrounding each request. Any license approved on a pending construction basis shall be subject to final inspections as required by law.
(B) No license to sell alcoholic or malt beverages may be granted or renewed to any person who is delinquent in the payment of any property taxes, both real and personal, any other taxes due to the city, fees of any type, or charges due to any department of the city at the time of issuing the license, nor may any license be granted or renewed to sell upon any premises or property, owned and occupied by the licensee upon which there are any of the above delinquent payments due and owing to the city. Further, if a licensee becomes delinquent in the payment of any of the above at any time during the license period, the license to sell alcoholic or malt beverages may be subject to revocation or suspension.
(C) No person, whether on applicant for license, or a licensee, shall, in any manner, attempt to bribe, threaten, unduly influence, or intimidate the City ABC Administrator, or any member of the city’s staff, mayor, or any State ABC Administrator or staff, in any matter in which an application or proposed application for license, or procedure for revocation or suspension is pending before such officer. This division is not intended to stifle expressions of opinion; however, it is intended to make clear that the ABC Administrators are public officials charged with the administration and enforcement of the law, both local and state.
(1) Any person applying for a license, or contesting the revocation or suspension of a license, who engages in attempted bribes, threats, attempted undue influence or intimidation of a City or State ABC Administrator or staff shall be disqualified from receiving or retaining a license, in addition to other penalties as provided by law.
(2) The procedures for appeals shall apply to disqualifications, revocations, or suspensions under this chapter. Nothing in this chapter shall be interpreted to prohibit monetary settlements in lieu of revocation or suspension of license after a final order or revocation or suspension, where the ordinance and applicable statutes allow for such payments in settlement.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999