(A) This section applies to:
(1) An original application or a renewal application for a permit or license required by the state’s Alcoholic Beverage Code; and
(2) A permittee seeking to change the place of business for which a permit or license is issued, if the state’s Alcoholic Beverage Code requires the City Clerk to certify that the sale of alcoholic beverages at a place of business is authorized by city ordinance.
(B) The applicant for a permit or license subject to this section shall file a completed and verified application with the City Clerk on the form promulgated by the state’s Alcoholic Beverage Commission.
(C) An applicant shall make the place of business available for any investigation or inspection required by this section.
(D) Inspections under this section may relate to requirements established by any provisions of any relevant city code and or ordinance.
(E) The Assistant City Manager, Fire Chief and the Police Chief shall review an application and certify the application through the city’s automated application process.
(F) The Assistant City Manager shall certify an application if the Director determines that:
(1) The sale of alcoholic beverages at the place of business is an authorized use at that location; and
(2) The place of business complies with all applicable provisions of the City Charter.
(G) The City Inspector shall certify an application if the City Inspector determines that the place of business complies with the provisions of the City Charter.
(H) The Fire Chief shall certify an application if the Fire Chief determines that the place of business complies with applicable city ordinances and any other applicable law.
(I) The Police Chief shall investigate the applicant’s moral character and police or criminal record. The Police Chief may require the applicant to provide a classifiable set of the applicant’s fingerprints as part of the investigation under this division (I). The Police Chief shall report the Chief’s findings through the automated application process.
(J) Except as provided in division (K) below, each city official required to review an application under division (E) above shall conduct an investigation and inspection as necessary to make the determinations required under this section.
(K) A city official reviewing application under division (E) above may certify an application under this chapter without reinspecting a place of business if:
(1) The place of business was inspected by the city department over which the official is responsible in the 12 months preceding the date an application was filed; and
(2) The official determines there has been no material change that affects the certification required by this section since the previous inspection.
(L) The city officials reviewing an application under division (E) above may report an interim certification if the official’s department is unable to provide the required certification because a structure or remodeling of a structure at the proposed place of business is incomplete.
(M) After the City Clerk receives the certifications required by this section, the Clerk shall certify on the application that:
(1) The place of business is in a “wet” area and if the business is in a “late hours” area; and
(2) The sale of alcoholic beverages is not prohibited at the place of business by the City Charter or the City Council.
(N) If requested by the applicant, the Clerk shall certify an application based on interim certifications; provided that, the place of business subject to the application may not be occupied and the business may not be operated until the applicant obtains a certificate of occupancy and food permit from the city.
(Ord. 2010-03, passed 2-2-2010)