83.06(A) Application. Any or vendor or any place of business operating in the , and duly and regularly licensed by this to sell and dispense
, wine or beer for consumption on therein, may apply for an Extended Operating Hours with
License, provided that a site plan has been approved for the
.
Such license application shall be processed using the same procedures as for a variance (including cost recovery deposit), but using the criteria listed in subsection 83.06(B) below. The fee for the issuance or renewal of said license shall be set and amended by resolution of the . Such Extended Operating Hours with
License shall permit and extend the hours in which such licensee may stay open and sell
for
until not later than 3:00 a.m. (or such earlier time as specifically authorized by resolution of the ). Every such license shall expire on September 30 of each and every . The fee for the issuance or renewal of said license shall be paid within 30 days of the initial approval or any renewal date. Failure to timely pay the fee shall result in the immediate and automatic revocation of the approval or license.
83.06(B) Criteria. The specific criteria for the ’s consideration are as follows:
83.06(B)(1) The amount of off-street parking in relation to the demands created by the extra hours of operation, especially with regard to the adverse impact on adjacent
of any illegal or hazardous parking.
83.06(B)(2) The amount and degree of law enforcement activities generated by the operation of the establishment, both outside and inside the particular location, with particular emphasis on the vandalism, noise, vehicular use by patrons and illegal activity of any kind by employees, patrons or others associated with the establishment.
83.06(B)(3) The adverse effects if any, that the extended hours of operation will have on neighboring properties, especially with respect to the effects of noise, parking and glare from headlights or
on nearby residential properties.
83.06(C) Conditions. The may require, as a condition of the privilege of extending hours of operation, compliance with any reasonable conditions deemed by it to be necessary to mitigate or eliminate the adverse effects of such extended hours. These conditions may include, without being limited to, provision by the
or operator, at his or her expense, additional off-street parking, security personnel and screening and buffering from nearby properties.
83.06(D) Renewal. The granting of an Extended Operating Hours with
License to a particular licensee is a privilege subject to revocation at any time by the , and no may reasonably rely on a continuation of that privilege. In the absence of ongoing revocation proceedings, an Extended Operating Hours with
License may be renewed annually upon payment of the aforementioned fee prior to October 1 of each .
83.06(E) Revocation. If, at any time, the determines that any licensee has either violated a condition of granting of the license or is operating in a manner harmful to the public health, safety or welfare based upon the criteria specified in subsection 83.06(B), he or she may place on the agenda the matter of revoking the Extended Operating Hours with
License. Such hearing shall be publicly advertised in a newspaper of local circulation; and further, written notice of the charges against the licensee shall be sent to him or her at least 14 days in advance and shall also contain the date, time and place of such hearing. After consideration of the matter and allowing the licensee to be heard, the may revoke, modify or condition the Extended Operating Hours with
License. The criteria to be used by the in such matters shall be the criteria specified in subsections 83.06(B) and 83.06(C) above. Should the license or privilege be revoked, conditioned or modified, the licensee may seek review of such action before the after six months. The may then modify or refuse to modify its action. Only one such review shall be given within a 12-month period.
83.06(F) Conspicuously displayed. The license shall be conspicuously displayed within ten feet of the main entrance to the establishment.
83.06(G) License transfer. A license may be transferred to a new
when there is a bona fide sale of the business, upon payment of a transfer fee as set forth by resolution of the . The transferred license shall be subject to the conditions of the original approval.
(Ord. 2010-15, passed 10-4-2010; Am. Ord. 2014-04, passed 2-3-2014)