[Ord. No. 550, § XII, 8-28-1979; Ord. No. 745, § 1, 11-12-1991; Ord. No. 859, 11-26-2002]
Upon receipt of any new applications for beer licenses or for
liquor licenses or applications involving the change in location for
an existing license, the board of city commissioners shall hold a
public hearing regarding the application.
When the board of city commissioners calls a public hearing
on any such license application, notice shall be published in the
official newspaper of the city two times, the first publication to
be at least 10 days before the hearing date set for the hearing of
said application.
(a)
At the time of the hearing the board of city commissioners may consider
among other things the following factors:
(1)
The convenience of police regulation.
(2)
Public health and sanitation.
(3)
Proximity of other licensed businesses.
(4)
Proximity of schools, churches, funeral homes, public buildings,
or buildings used by or for minors.
(5)
Any protests of neighboring property owners or occupants.
(6)
Zoning regulations.
(7)
Proposed on/off sale or both of licensee.
(8)
Interference with neighboring property.
(9)
Interference with or proximity to residential property, including
property which is zoned residential but which may not presently have
a residence upon it.
(10)
Suitability of premises for sale of beer, liquor, or other alcoholic
beverages.
(11)
Public convenience and necessity.
(12)
Whether the proposed location of the applicant is in harmony
with the public interest and welfare of the community.
Input received at such public hearing shall not be binding in
any way upon the board of city commissioners but shall be used as
additional input in deciding whether or not to issue the license.
[Ord. No. 859, 11-26-2002]
No on-sale license shall be issued to any location within 150
feet of residential zoned property without proof that the owners of
property within 150 feet of the lot line of the premises to be licensed
have been notified of the hearing no less than five days prior to
the hearing either by a signed acknowledgment, certified mail, or
affidavit that the owner refused such certified mail or refused to
sign an acknowledgment of the notice of the hearing.
