§ 4-36. Consideration for a license.

(a)

In determining whether or not any license applied for hereunder shall be granted, in addition to all other provisions of this article, the following shall be considered in the public interest and welfare:

(1)

The applicant's reputation, character, and mental capacity to conduct this business, personal associations, record of arrest or reputation in any community in which he has resided, and whether or not applicant is likely to maintain the operation of the business for which he is seeking a license in conformity with federal, state or local laws;

(2)

If applicant is a previous holder of a license to sell alcoholic beverages, malt beverages and wine, whether or not he has violated any law, regulation or ordinance relating to such business;

(3)

If applicant is a previous holder of a license to sell alcoholic beverages, malt beverages or wine, the manner in which he conducted the business thereunder as it pertains to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation, or ordinance relating to such business; and

(4)

Whether a person has previously had a similar license suspended or revoked and the reason therefor.

(b)

The city council shall also give consideration to such other factors as may affect the health and general welfare of the incorporated area of the city, to include the type of license applied for, the effect that license will have on schools, public parks and churches in the area, the effect the granting of the license will have on existing land uses in the area, the character of the area and its peculiar suitability for the particular use sought, and the congestion of roads and streets. These items shall receive reasonable consideration with a general view of promoting desirable living conditions, and sustaining the stability of neighborhood property values.

(c)

When any application is denied or any license is revoked because of a decision by the city council that such license or application fails to meet any of the factors or requirements of subsection (b) of this section or, in any case where such a decision was made because of the undesirability of the location itself, no application can be made until at least one year has elapsed from the date the previous application was denied or revoked or, if that decision was appealed to any court, until one year after a final, unappealed or unappealable disposition was made of such appeal.

(d)

When any application is denied or any license is revoked because of a decision by the city council that such licensee or applicant fails to meet the requirements of subsections (a)(1) through (4) of this section or in any case where such a decision was made because of the ineligibility of the applicant to receive or the licensee to retain an alcoholic beverage license, that applicant or former licensee may not apply for an alcoholic beverage license in the city until at least one year has elapsed from the date the previous application was denied or revoked or, if that decision was appealed to any court, until one year after a final, unappealed or unappealable disposition was made of such appeal.

(Code 1985, § 9-200(9-10))