(a)
Upon receipt of notice from the Alcohol and Marijuana Control Office that a new, renewal, or transfer application for an alcoholic beverage license has been deemed complete, the clerk shall forward the application to appropriate departments and personnel, to include but not limited to the police chief, fire marshal, building inspector, and finance director, to make investigations within their respective areas of responsibility. The city clerk or designee shall compile the responses and provide the council with the administration's recommended action.
(b)
For the purpose of public hearing and council action, the clerk shall place the matter of the application upon the agenda for a regular or special meeting of the council held not less than 15 or more than 50 days from receipt of the notice from the Alcohol and Marijuana Control Office.
(c)
After receiving the administration report and public comment, the council, by motion, may take one of the following actions on the matter of the application:
(1)
Nonobjection. Upon finding that the license, if the application is granted, will satisfy all city legal requirements, the council may authorize the clerk to issue a letter of nonobjection to the Alcoholic Beverage Control Board.
(2)
Nonobjection with Conditions. If any requirements or obligations are not satisfied but could be satisfied through further action of the applicant(s), the council may authorize the clerk to issue a letter of conditional nonobjection to the Alcoholic Beverage Control Board for the issuance, transfer, or renewal of the license setting forth the city's conditions for nonobjection.
(d)
An application for an alcoholic beverage license may be protested for one or more of the following reasons:
(1)
Failure of the applicant to secure any required city permit, or if the applicant is in violation of any applicable city permit;
(2)
The business operated under the license or any other business owned in whole or in part by any person named in the application as an applicant or on the license is, on the date the council considers the matter, delinquent in the payment of any sales tax or penalty or interest on sales tax arising out of the operation of any business within the city;
(3)
There are delinquent property taxes or local improvement district assessments or penalty or interest thereon arising out of real or personal property owned in whole or in part by any person named in the application as an applicant or such property as is to be used in the conduct of business under the license;
(4)
There is a delinquent charge or assessment owing to the city or borough by the licensee for a municipal service provided for the benefit of the business conducted under the license or for a service or an activity provided or conducted by the city or borough at the request of or arising out of an activity of the business conducted under the license;
(5)
The business operated or to be operated under the license is violating or would violate the Kodiak City Code;
(6)
The business operated under the license is, on the date the council considers the matter, in violation of a state or municipal fire, health, or safety code, or for any concern identified by the building official or police chief or fire chief (a conviction for a violation is not a prerequisite for a protest under this section);
(7)
The concentration of other alcoholic beverage licenses in the area;
(8)
Any factor identified by state statute or regulation as appropriate grounds for a protest; or
(9)
Any other factor the council determines is generally relevant or is relevant to a particular application.
(Ord. 1451 § 2, 2024)