Sec. 6-82Grant or denial of renewal

(a) On or before the regular January meeting thereof, the city council shall with respect to each application for renewal coming to it pursuant to section 6-81(b) of this Code either:

(1) Grant such application for renewal; or

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

(b) If an application for renewal is so tabled then the city manager shall cause a written citation to be issued to the applicant requiring the applicant to show cause why the application for renewal should be granted at a hearing at a time and place specified therein which shall not be less than five days nor more than 30 days from the date of service of the citation by mail or otherwise upon the applicant as well as written notice of the recommendation and reasons or the city manager relative to nonrenewal of such license or the recommendation of the city manager for renewal or such license, as the case may be.

(c) The hearing provided for in subsection (b) of this section, which meeting need not be a regular meeting of the council, may be continued by announcement at such time and place due to the lack of a quorum of the city council or at the request of the applicant or for good cause shown. At such hearing the applicant shall have the opportunity to show cause why the application for renewal should be granted and shall be entitled to the opportunity to present evidence, to present witnesses, to cross examine witnesses presenting evidence against granting the application for renewal, to be represented by an attorney, and to have the proceeding 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.

(d) 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 granting or denial of such application for renewal.

(e) 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 such decision and the ground therefor and shall cause to be returned to the applicant the license fee tendered in connection with the application for renewal whereupon, effective 30 days following notification by the city manager to the applicant thereof, all rights of the applicant to operate under the license for the preceding year shall lapse and terminate and the applicant shall cease and desist from all activity authorized under the prior alcoholic beverage license sought to be renewed.

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

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