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3-3-5: APPLICATION FOR LICENSE:
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A. Required: An application for a license under this chapter shall be made in writing, under oath, and on a form provided by the city for a new license, due to a change of ownership, a change of lessee of an existing licensed premises, or a change of location of an existing licensed premises. Renewal applications must be signed by an authorized signer for the business and returned to the city with a copy of the current state alcohol license and all applicable fees.

B. Accompanying Materials: Any application submitted under this chapter shall be accompanied by:

1. A nonrefundable application fee in such amount as established by resolution of the city council;

2. An issuance fee for an original license or renewal in such amount as established by resolution of the city council, which is refundable if a license is not issued. If a license is issued on or after July 1 in any year, one-half (1/2) of the license fee shall be charged;

3. A copy of the applicant’s current business license or application therefor;

4. A copy of the completed application being submitted to the state for the state alcohol license;

5. For all off-premises beer retailer alcohol licenses, the applicant shall provide a criminal history for the owner and the local manager of the retail location along with a list of all community locations within two hundred feet (200') of the off-premises beer retail location as provided in section 3-3-10;

6. A signed consent form stating that the licensee will permit any authorized representative of the city or any law enforcement officer an unrestricted right to enter the licensed premises; and

7. Any other information the license officer may require.

C. Renewal Applications: Renewal applications must be signed by an authorized signer for the business and returned to the city with a copy of the current state alcohol license and all applicable fees.

D. Submission To License Officer: All applications and accompanying information shall be returned to the license officer.

E. Notice Of Availability – Hearing: Whenever a license is made available under this chapter, the city shall give notice of the availability of the license in each category that has less than three (3) licenses available by posting the notice on the city website. The notice shall provide a deadline of no less than fourteen (14) days within which to make application for the available license. Upon expiration of the deadline and review of all applications submitted in accordance with this section, a hearing shall be set before the city council to consider issuance of any available license. In the event that the number of applications exceeds the number of available licenses in any one (1) category, the available license may be issued to that applicant or applicants who, in the determination of the city council, best qualify and which will best serve the interests of the community as determined under this section. No provision of this chapter shall require the city to issue any license applied for under this chapter.

F. Assignment Or Transfer: No license issued under this chapter shall be assigned, transferred, leased, subleased or sold, or otherwise transferred, except that in the sole discretion of the city, a transfer of a license may be permitted upon a change of location where the owner remains the same, or upon a change of owners where the location remains the same. In either case, the same requirements as to the location of premises and the qualifications of the licensee shall apply, and the same fees will be required as in the case of the issuance of an original license.

G. Nonuse – Validity: A license issued under this chapter which is not used by the licensee within or for a period in excess of ninety (90) consecutive days shall automatically revert to the city and shall no longer have any validity. (Ord. 2016-10-008, 10-27-2016; amd. Ord. 2019-01-005, 1-3-2019) (Ord. 2019-01-005 § 2, 2019; Ord. 2016-10-008, 2016.)

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