§ 10-57. Grounds for denial.

In addition to all other grounds for denial, no application for any license under this division shall be granted if the application or the evidence on a hearing before the license review board shows:

(1)

The applicant is of bad moral character or has a bad reputation in the community or does not have sufficient mental capacity to conduct the business for which application is made.

(2)

The applicant has had any license issued under the police powers of the city previously suspended or revoked; provided, however, the license review board may waive this subsection if two years have passed since any prior revocation of any license held by the applicant.

(3)

The applicant for a license to sell alcoholic beverages at a nightclub, other than those nightclubs located within a special entertainment district, does not furnish evidence of adequate parking for a nightclub, as defined by section 10-1, available to the applicant's patrons for the term of the license applied for and within 400 feet of the proposed licensed premises.

(4)

The applicant, as a previous holder of a license to sell alcoholic beverages, has violated any law, regulation or ordinance relating to that business within a five-year period immediately preceding the date the application is heard by the license review board.

(5)

Any applicant for a retail license is related to any distributor or wholesaler of alcoholic beverages or related to any stockholder of a distributor or wholesaler of alcoholic beverages or related to any employee engaged in a management position by any distributor or wholesaler of alcoholic beverages within the first degree of consanguinity or affinity as computed according to the civil law.

(6)

The applicant has been found to have violated the human relations ordinance as set forth in chapter 94 of this Code.

(7)

That an applicant for renewal that is exempt from the certain distance requirements as provided in section 10-88.1, has failed to provide the police department with a statement from a certified public accountant evidencing that the package store derived less than the percentage established by ordinance of gross receipts from the sale of alcoholic beverages.

(8)

The application does not furnish evidence of adequate parking as defined in this chapter. This parking requirement is in addition to the requirement of subsection (3) of this section.

(Code 1977, § 14-2045; Ord. No. 2001-94, § 2, 12-11-01; Ord. No. 2004-83, § 4, 11-19-04; Ord. No. 2005-40, § 2, 7-12-05)