Each applicant for a new license, the establishment of a new permit, the transfer into the City of a new license, or the transfer of an existing license shall make a request to the City in accordance with the following procedures:
(a) Application. Each applicant must submit to the City an application (on a form provided by the City), a plan of operation, a site plan, a plan for interior use and exterior design, and the layout of any ancillary facilities. As part of the application, each applicant shall submit a written statement explaining in detail how their proposal meets the factors listed herein.
(b) City Departmental Review. Upon receipt of an application and plans, the Police Chief will refer same to the Fire Chief, Planning Department, Building Department and other City officers or employees, who shall cause a thorough review and investigation, including, but not limited to a complete history of past business experience and liquor law violations, if any, to be made of the persons and premises. The applicant shall provide all requested information to, and fully cooperate with, all City departments requesting any and all additional relevant information. The findings resulting from such review and investigation shall be reported to the City Manager, who then will report same to the LLRC and the City Council.
(c) Public Hearing/Review.
(1) Hearing. The City Council may hold a public hearing upon a request for a new license, the establishment of a new permit, transfer of an existing license to new owners, or for the transfer of a new license into the City.
(2) Notice. Notice of all hearings shall be provided to all property owners, residents and voters, within 300 feet of the proposed establishment, all LCC Class C license holders. The applicant shall pay the cost of such notice which is three hundred dollars ($300.00).
(3) Appearance. The applicant shall appear at the hearing before the LLRC committee or the City Council, and make a written and/or oral presentation concerning the request.
(4) Recommendation. The LLRC shall review and may recommend approval or disapproval of all requests to the City Council.
(d) Review Factors. In reviewing a request for a new license or permits or transfers of ownership of existing licenses or transfers into the City of new on-premises licensees, the City Council or LLRC may consider and/or weigh the following factors:
(1) Conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and property.
(2) Total number of similar licenses in the City.
(3) Input from residents and surrounding business owners.
(4) Impact of the establishment on surrounding businesses and neighborhoods.
(5) Whether a proposed licensed premise is part of a multi-use project with substantial new retail, office, or residential components. The size of the licensed premise relative to the overall project or development.
(6) Crowd control.
(7) Parking availability.
(8) Preservation or restoration of historic buildings.
(9) Locating in an underdeveloped area.
(10) Concentration of drinking establishments and impact on policing requirements.
(11) Policing requirements.
(12) Business history.
(13) Business experience.
(14) LCC violation history.
(15) Will facility be a sit down full service restaurant serving alcohol or other "bar only" type establishment.
(16) Percent of floor area devoted to dining versus bar area.
(17) Size of bar area.
(18) Size of dance floor, if any.
(19) Type or character of the establishment, e.g. dining, nightclub, hotel, dance club.
(20) Overall benefit of the plan to the City.
(21) Non-payment of taxes or other payment due to the City.
(22) Any other factor(s) that may effect the health, safety and welfare or the best interests of the community.
(e) Approval. If after a review by the LLRC, and/or a public hearing, the City Council may adopt a resolution granting approval, subject to the satisfaction of any conditions stated in the resolution.
(Ord. 2007-20. Passed 10-16-07.)