§ 6-3. Hearing on determination of public convenience.

(a)

Proceedings regarding the public convenience of issuing a license for an alcoholic beverage application pursuant to this chapter shall be scheduled before the city council. Notice of the hearing shall be given in the same manner as required by the city's zoning ordinance.

(b)

The hearing shall be held without regard to the technical rules of evidence, and all persons desiring to appear shall be permitted to do so. The applicant shall be required to demonstrate, by substantial evidence, that the public convenience will be served by the issuance of a license. The applicant shall also be required to demonstrate, by substantial evidence, that the proposed sale of alcohol shall be accomplished in a manner to eliminate any objections received pursuant to section 6-2.

(c)

The hearing may be continued from time to time. At the conclusion of the hearing, the city council shall determine whether the public convenience will be served by the issuance of a license for the applicant's premises. The determination shall be reduced to writing by the clerk of the city council and shall be served by mail upon the applicant.

(d)

The city council may determine that the public convenience will be met only if certain conditions are imposed upon any license issued by the state department of alcoholic beverage control (ABC). Such conditions shall be included in the city council's decision and shall be communicated to the state department of alcoholic beverage control. The conditions may cover any matter relating to the privileges to be exercised under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including but not limited to the following:

(1)

Restrictions as to hours of sale.

(2)

Display of signs.

(3)

Employment of the designated persons.

(4)

Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law.

(5)

The personal conduct of the licensee.

If conditions are imposed, any finding of public convenience shall clearly state that it is contingent upon the imposition of such conditions by the state department of alcoholic beverage control.

(Ord. No. 97-01, § 2(4.60.030), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)