Ord #230 - Third Ser/ Amending Chapter 34 & 70

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(9) Sunday On-Sale 3.2 Percent Malt Liquor license for the sale of 3.2 percent malt liquor beverages for consumption only on the licensed premises on Sundays. Sec. 34-11. -Application. (a) All applications for a license required by this division shall be made at the office of the city clerk upon forms prescribed by the proper department of the state, together with such additional information as the council may desire and if not so prescribed, then upon forms furnished by the city. Information required may vary with the type of business organization making application. All questions asked or information required shall be answered fully and completely by the applicant. (b) It is unlawful to make a false statement or an omission upon any application form.Any false statement or any willful omission on such application form shall be grounds for automatic denial or revocation of license. Sec. 34-12. -Application fee. At the time of the initial application for an on-sale intoxicating liquor license, applicants shall pay to the city the fees as provided for in the current city fee ordinance duly adopted by the council, which fee shall be considered an application fee, not refundable to the applicant. At any time an additional investigation is required because of a change in the ownership or control of a partnership or corporation or because of an enlargement, alteration or extension of premises previously licensed, the licensee shall pay an additional investigation fee. Sec. 34-13. -Investigation and issuance. (a) Investigation. All applications for a license required by this division shall be referred to the chief of police and to such other city departments as the council shall deem necessary, for verification and investigation of the facts set forth in the application. The chief of police shall cause to be made such investigation of the information as shall be necessary and shall make a written recommendation and report, which shall include a list of all violations of federal or state law or municipal ordinances by the applicant,to the council. (b) Hearing. Upon receipt of the written report and recommendation by the chief of police and within 30 days thereafter, the city clerk shall publish a notice of hearing at least ten days prior to the date set for hearing. The hearing notice shall set forth the day,time and place of hearing; the name of the applicant; the place where the business is to be conducted; and such other information as the council may direct. At such hearing all persons desiring to be heard shall have such opportunity, and the council may thereafter grant or deny the license. If the license is granted,the council may withhold its issuance until the applicant has qualified in all respects for the license. If the premises to be licensed are not complete at the time that the hearing is conducted,the council may grant the license but shall withhold its issuance until the premises have been completed in accordance with the representations made by the applicant. The license fee shall be due as of the date the license is granted. If a license has been granted but its issuance has been withheld pending completion of the premises to be licensed, and if the licensee does not proceed with reasonable dispatch to ready the premises, the council may rescind the action granting the license. Such action shall not be taken,however,without giving the licensee at least ten days' notice of the time and place of a hearing on the proposed rescission.