§ 6-106. Additional standards for issuance, renewal, transfer or denial of retail license.

In addition to the standards stated elsewhere in this chapter, the following standards shall apply for issuance, retention, renewal, transfer or denial of licenses for the retail sale of alcoholic beverages either by the package or for consumption on the premises:

(1)

Evidence that, even though there is compliance with the minimum distances from schools and churches, the type and number of schools or number of churches in the vicinity causes underage persons to frequent the immediate area.

(2)

Evidence that the location of the type of structure could create difficulty in police supervision.

(3)

Evidence that there are no licenses granted in the area or that the proposed area already is adequately supplied with such licenses.

(4)

Evidence that a license for the location would be detrimental to the property values in the area.

(5)

Evidence that the license in that location would be detrimental to traffic conditions or that there is a lack of sufficient parking which would result in parking on the streets or adjoining property.

(6)

Evidence that alcoholic beverages have been sold to an intoxicated person or to an underage person, unless such sale(s) involved persons or entities unrelated to or unassociated with the applicant or sale(s) that have been previously addressed in an administrative or judicial proceeding.

(7)

Evidence that the conducting of the business creates a disturbance, congregation of intoxicated persons, congregation of underage persons, or consumption of alcoholic beverages on the premises by underage persons, or causes the police to answer excessive complaints or make extra surveillance of the premises. More than three underage persons without supervision of a parent or one authorized by a parent shall be prima facie a congregation of underage persons. Excessive is defined as three or more complaints involving the business within any cumulative, three months, selected.

(8)

Evidence that any agent or employee of any corporation in which any shareholder of the applicant had any interest, violated any ordinance, law statute regulating the business.

(9)

In addition to the standards set out in subsections (1) through (8) of this section, the following evidence shall be considered in the public interest and welfare:

a.

If the applicant is a previous holder of a license, the manner in which he conducted the business thereunder as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulations or ordinance relating to such business.

b.

If the applicant's spouse shall not be able to meet the qualifications of an applicant, particularly if it appears that the applicant's spouse or another person is using the applicant as a guise or dummy to obtain a license.

(Ord. of 10-24-89, § I; Ord. of 5-11-93; Code 1977, § 3-4-30; Ord. of 7-10-01 (eff. 1-1-02); Ord. of 9-10-02; Amd. of 7-28-15)