Sec. 6-72Grant or denial of application

(a) Following receipt by the city council or an application for an alcoholic beverage license together with the written report of the chief of police and the written recommendations relative thereto, the city council shall either:

(1) Grant such application and direct issuance of a license in connection therewith subject to compliance with the provisions of this chapter; or

(2) Table action on such application pending a hearing on such application as provided in this section.

If such application is so tabled by the council then the city manager shall cause a written citation to be issued to the applicant requiring such applicant to show cause, if any the applicant can, at a hearing at a time and place specified therein which shall not be less than five nor more than 30 days from the date of service of the citation by mail or otherwise upon the applicant as to why the application should not be denied as well as written notice of the findings of the chief of police, the recommendation of the finance director relative to such application, if any, and the recommendation of the city manager relative thereto.

(b) The hearing provided for above, which need not be a regular meeting of the city council, may be continued by announcement at such time and place due to the lack of a quorum of the city council or request of the applicant or for good cause shown. At such hearing the applicant shall have the opportunity to show cause why the application should be granted and should not be denied and shall be entitled to the opportunity to present evidence, to present witnesses, to cross examine witnesses presenting evidence against granting of the application, to be represented by an attorney, and to have the proceedings transcribed or recorded at the applicant's expense, all in accordance with such rules and procedures as may be adopted from time to time by the city council relative thereto.

(c) Following the conclusion of such hearing the city council shall, at a regular or called meeting thereof within 30 days of the date of such hearing, render its decision regarding the grant or denial of such application.

(d) Upon the denial of such application, the city manager shall cause the applicant to be notified in writing within ten days of such decision of the nature of the decision and the reasons therefor and shall cause to be returned to the applicant the licensee fee tendered in connection with the application but not the application fee which shall be nonrefundable.

(e) Upon the grant of such application the city manager shall promptly notify the applicant thereof and the finance director shall promptly proceed to cause the license applied for to be issued.

History: (Ord. No. 2023-3, § I(Exh. A), 6-1-2023)