(A) During the term of any license issued for the sale of alcoholic liquor for consumption on the premises, if a licensee proposes to make any change which would alter its operation from the conditions pursuant to which the license was initially granted, including any change in any required floor plan or in the type and focus of the theme, decor, motif, advertising or menu for the licensed business, in any manner which would promote the sale of alcoholic liquor or of the entertainment available on the premises as opposed to the availability of food service, or which would change the ratio of alcohol sales to other activities on the licensed premises by more than 10%, the licensee shall apply in writing to the Commissioner for approval of such changes, shall apply to the Community Development Department for any required permits or approvals of such changes, and shall provide information concerning the specific changes proposed, including a revised floor plan, if any.
(B) Upon receipt of a request for approval of any of the changes as provided in paragraph (A) of this section, the Commissioner shall review the licensee’s proposed changes and the report of the Community Development Department in order to determine the nature and significance of the changes in consideration of the classification of the license held and the requirements established for such classification. The Commissioner may approve the proposed changes if it is determined that the proposed changes in the floor plan, the nature and focus of the operation, the menu, the type and focus of advertising for the licensed business, and the ratio of alcohol sales to other activities on the premises is not so substantial as to make questionable the continued conformance of the licensed premises with the requirements of this subchapter for the license classification, and that such proposed changes conform with the requirements of all other ordinances of the city, including the city’s zoning code. If it is determined that the proposed changes are substantial, the Commissioner shall notify the licensee in writing that the changes are so substantial as to make questionable the continued conformance of the licensed premises with the requirements of this subchapter for the license classification, or with the requirements of other ordinances of the city, including the zoning code, and that such changes will not be permitted.
(C) The fee for any application request for approval of changes on licensed premises as provided in paragraph (A) hereof shall be $500. No additional license fee shall be payable, and no new license shall be required by virtue of the changes described in paragraph (A) hereof, unless the changes referred to in this section are accompanied by a change in type of license (See § 111.010(G)).
(D) So long as an application for approval of any of the changes described in paragraph (A) hereof is pending, and not yet acted on by the Commissioner, the applicant may continue to conduct its business and operations in the manner approved at the time the license was initially granted. If approval of the proposed changes is granted, the licensee may proceed to implement such changes in accordance with the approval granted, and subject to any conditions which may be established as part of such approval. If approval is denied, the licensee shall continue to operate its business in the manner approved at the time the license was initially granted.
(E) Any licensed business which implements any of the changes on licensed premises as provided in paragraph (A) hereof, without requesting and receiving approval of the Commissioner as provided therein, shall be subject to penalties for violation of this subchapter, as established in § 111.037 of this subchapter, up to and including revocation of the license.
(Ord. 02-44, passed 11-26-02; Am. Ord. 22-24, passed 8-23-22)