(A) Investigation. The city’s law enforcement agency must investigate the truthfulness of the statements set forth in the application for a license under this chapter and shall endorse the findings thereon. The applicant must furnish to the city’s law enforcement agency such evidence as the law enforcement agency may reasonably require in support of the statements set forth in the application.
(B) Public hearing.
(1) Required. The City Council shall afford the applicant and all interested parties a public hearing.
(2) Recommendation; publication of notice. Within 45 days of the filing of a complete application, the city’s law enforcement agency and any other consultants shall make a written recommendation to the City Council as to the issuance or non-issuance of the license, setting forth the facts upon which the recommendation is based. Upon receipt of the written report and recommendation of the city’s law enforcement agency and within 20 days thereafter, the city shall cause to be published in the official newspaper notice of hearing to be held by the City Council. The notice shall be published at least ten days in advance of the hearing, and it shall set forth the day, time and place when the hearing will be held, the name of the applicant, the location where the business is or will be conducted and such other information as the Council may direct.
(3) Mailing of notice.
(a) At least 15 days before a public hearing on an original application for a license, the city shall send by mail notice of the time, place and purpose of such hearing to all owners and occupants of property within 350 feet of the lot on which the establishment to be licensed is located.
(b) Prior to the hearing date, the City Council shall receive a list from the applicant of the names and addresses of each person to whom notice is to be sent, and certification of such list by the zoning administrator shall be conclusive evidence of such notice.
(c) The failure to give mailed notice to such owners or occupants within 350 feet, or defects in the notice, shall not invalidate a license provided a bona fide attempt to comply with this section has been made. A bona fide attempt is evidence by a notice addressed to “owner” and to “occupant” of the listed address.
(4) Action by Council. The City Council shall afford the applicant and all interested parties a public hearing no later than 75 days after the filing of a complete application, and shall have the discretion to consider in granting, denying, renewing, or declining to renew a license at that hearing any matter, including, but not limited to, provisions of this chapter deemed by the City Council to be relevant to protection of the public’s health, safety and welfare and minimization may be extended upon the written request of the applicant.
(5) Notification of decision. The city shall notify the applicant of the Council’s decision and provide a copy of the City Council action on the application.
(Ord. 0802, passed 3-11-08)