§ 6-38. Licenses.

(a)

Department.

(1)

The department shall review all applications for an alcoholic beverage license for compliance with this chapter. All applicants shall furnish upon request all data, information and records necessary for a complete investigation.

(2)

The department shall also have authority to prescribe such forms as it deems necessary for the proper administration of this chapter.

(b)

Licensing considerations.

(1)

In determining whether or not any application shall be granted and a license issued under this chapter, the department shall consider the following information in the public interest and welfare:

a.

If the applicant and/or licensee has ever violated any federal, state, county or municipal law or regulation regarding alcoholic beverages, its sale, distribution or manufacture;

b.

The manner in which the applicant and/or licensee has conducted any business within the city as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance or as to the necessity for city action to compel the applicant's and/or licensee's adherence to any city law, regulation or ordinance;

c.

The location for which the license is sought as to traffic congestion, public safety, and general character of the neighborhood; and

d.

Whether the applicant and/or licensee has ever had an alcoholic beverage or business license suspended or revoked by the state or any political subdivision thereof.

(2)

The department may require in addition to the licensee, fingerprinting and background investigation of any person interested in the application, including any person with a financial interest, such as stockholders, partners or employees, and any sibling of any person with a financial interest, and the nominated registered agent of any corporate applicant. Should the applicant fail to produce such persons within 30 days of the request, the application may be denied.

(3)

Applicants by filing an application agree to produce for interview any person or persons requested by the city and considered as being important in the ascertainment of the facts relative to such license. The failure to produce those persons within 30 days after being requested to do so may result in a denial of the application.

(4)

The city may require up to 45 days for processing any application for a license required under this chapter. For investigative purposes and according to the licensee's compliance, the city may extend the processing period up to an additional 45 days.

(c)

Grant or denial of license.

(1)

The director or his/her designee is charged with reviewing all license applications and granting or denying same.

(2)

The director or his/her designee may deny a city license under this chapter on any of the following grounds:

a.

Failure to meet state requirements for state license;

b.

Failure to pay all required fees and taxes;

c.

Failure to provide valid information, documents and the like required by this chapter;

d.

False information in the application or attached documents;

e.

Improper residency of applicant, owner, or registered agents;

f.

Failure to pass review by the city;

g.

Failure to post and maintain proper signs and advertisements required in this chapter;

h.

Failure to meet distance, location or number of business requirements;

i.

Prior convictions as herein provided; or

j.

Failure to meet any other requirements in this chapter for a license or any other requirement in any other provision of the Riverdale City Code or Charter.

(3)

The director or his/her designee may, but is not required to grant a city license under this chapter if all of the prerequisites are met.

(d)

Appeal of an adverse decision.

(1)

Appeal to city manager. If the director denies an application for a license or renewal for a license, the applicant shall have the right to appeal such decision to the city manager. Such appeal must be filed in writing with the city manager within 20 days of the decision by the director. The city manager, in his/her discretion, will decide whether to grant the license based upon his/her best judgment and with all the information obtained in the application process.

(2)

Appeal to city council.

a.

If the city manager denies an application for a license or renewal of a license, the applicant shall have the right to appeal such decision to the mayor and council within 20 days of the decision by the city manager. The standards to be applied by the mayor and city council, acting in its judicial capacity to grant or deny a license, shall include whether, in the best judgment of the mayor and council, the applicant, based on all information obtained in the application process, possesses the qualities of sound judgment and discretion necessary for one who dispenses alcoholic beverages to the public generally.

b.

In addition to the foregoing standards, should any license representative of the applicant fail to attend a meeting at which it is considered before the mayor and city council regarding a new license, a request to change a licensee or a license representative, or a request to relocate the business of a licensee, the mayor and city council may consider such application or request to have been withdrawn by the applicant. The application fee is nonrefundable.

c.

In determining whether or not any application shall be granted and a license issued, the mayor and city council shall consider the following information in the public interest and welfare:

1.

If the license representative or any individual listed on the application or partner has ever violated any federal, state, city or county law or regulation regarding alcoholic beverages and illegal drugs, their sale, consumption, distribution or manufacture;

2.

The manner in which the license representative or any individual listed on the application or partner has conducted any business within the city as to the necessity for unusual law enforcement observation and inspection in order to prevent the violation of any law, regulation or ordinance or as to the necessity for city action to compel the applicant's and/or licensee's adherence to any city law, regulation or ordinance;

3.

The location for which the license is sought as to traffic congestion, public safety, the general character of the neighborhood and the effect of such an operation on surrounding property values; and

4.

Whether the license representative or any individual listed on the application or partner has ever had an alcoholic beverage or business license suspended or revoked by the state or any political subdivision thereof.

(3)

Whenever an application for license is denied by mayor and council, the reasons for such denial shall be stated and entered in writing upon the minutes. Upon denial, the applicant may not re-apply for a license for 24 months after the date of the denial.

( Ord. No. 04-2014, § 1(Exh. A), 5-28-14 )