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

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(c) Granting. The council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications, including proposed license periods, must be consistent with this chapter. Prior to consideration of any application for a license,the applicant shall pay half the license fee, and the investigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. The city clerk shall, within ten days after the issuance of any license under this section, submit to the proper department of the state the full name and address of each person granted a license, the trade name,the effective license date,and the date of expiration of the license. He shall also submit to the proper department of the state any change of address,transfer,cancellation or revocation of any license by the council during the license period. (d) Issuing. If an application is approved,the city clerk shall forthwith issue a license in the form prescribed by the city or the proper department of the state, as the case may be, and upon payment of the second half of the license fee. All licenses shall be on a calendar year basis unless otherwise specified in this division. For licenses issued and which are to become effective other than on the first day of the licensed year,the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises described in the license. Sec. 34-14. -Location restrictions for off-sale liquor licenses; maximum number of off-sale liquor licenses. (a)No establishment for which an off-sale liquor license is issued shall be located within 500 feet of an institution of public education whose primary purpose is education of individuals in grades kindergarten through 12. No establishment for which an off-sale liquor license is issued shall be located within one-half mile of any previously existing establishment holding such a license. (b)No more than two off-sale liquor licenses shall be in effect in the city at the same time. Sec. 34-15. -Temporary licenses. An application for a temporary license shall state the exact dates and place of proposed temporary sale. No applicant shall qualify for a temporary license for more than a total of seven days in any calendar year. The council may, but at no time shall it be under any obligation whatsoever to, grant a temporary 3.2 percent malt liquor license on premises owned or controlled by the city. Any such license may be conditioned, qualified or restricted as the council sees fit. If the premises to be licensed are owned or under the control of the city,the applicant shall file with the city, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of$300,000.00 for injury to any one person and $500,000.00 for injury to more than one person, naming the city as an insured during the license period. Sec. 34-16. -License limited to space specified; inspection. Unless expressly stated therein, a license issued under the provisions of this division shall be valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure. The premises shall have an exclusive entrance from or exit to the