§ 6-2. Review of applications for determination of public convenience.  


Latest version.
  • (a)

    Upon receipt of an application for a determination of public convenience as provided in section 6-1, the city manager shall refer such application to the department of community development, the chief of police, the department of community development, the general services department, the finance department and the appropriate community planning advisory council or municipal advisory council for review and comment.

    (b)

    The chief of police shall determine whether there are existing problems regarding criminal activity at the applicant's premises or in the area surrounding the applicant's premises. If the chief of police determines that there are such existing problems with criminal activity, the chief shall report such problems, in writing, to the city manager and object to a determination of public convenience.

    (c)

    The department of community development shall determine whether the applicant's premises are within the appropriate land use designation and have received all required entitlements to permit the type of sale of alcoholic beverages described in the application. The department shall report its determination, in writing, to the city manager. No determination of public convenience shall be made if the department determines that the applicant's premises are not within the appropriate land use designation and do not have all necessary land use entitlements.

    (d)

    The department of community development shall also determine whether there is a pending zoning enforcement action regarding the applicant's premises. If the department determines that there is a pending enforcement action, it shall report such, in writing, to the city manager and shall object to a determination of public convenience.

    (e)

    The department of community development shall determine whether there are existing violations of health regulations or a history of such violations at the applicant's premises or against the applicant. If the department determines that there are such violations, it shall report such, in writing, to the city manager and shall object to a determination of public convenience.

    (f)

    The finance department shall determine whether any required business license has been issued and is in good standing for the applicant premises. If the department determines that a license is required and has not been issued or is not in good standing, it shall report such, in writing, to the city manager and shall object to a determination of public convenience.

    (g)

    The chief building inspector shall determine whether there are any building code violations at the applicant's premises and shall report such, in writing, to the city manager and shall object to a determination of public convenience.

    (h)

    The city manager shall also determine whether any protests were lodged with the state alcoholic beverage control department in relation to the applicant's request for a license with that body.

    (i)

    The advisory council shall report any comments or objections which the advisory council may have regarding any application which has been forwarded pursuant to this section.

    (j)

    If the written reports required by subsections (b) and (d)—(g) of this section are not received by the city manager within 15 days from the date the application is forwarded, it shall be presumed that there are no objections from those departments or officers.

(Ord. No. 97-01, § 2(4.60.020), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)