§ 4.12.050. Examination of applicant by the city council; issuance or denial of license.  


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  • If the application for a license is in proper form and accompanied by the license fee the City Council shall examine the application and, after examination of the application, the City Council, if they approve the same, shall issue a license to the applicant; provided

    (a)

    That no license shall be issued to:

    (1)

    A person who is not a resident of the city or county in which the premises covered by the license are located, and who has not been a resident in good faith of the state at least one year prior to the application and a resident of the county in which such place of business is to be operated for at least six months, prior to the filing of the application;

    (2)

    A person who is not of good character and reputation in the community in which the person resides;

    (3)

    A person who is not a citizen of the United States;

    (4)

    A person who, within two years immediately preceding the date of making application, has been convicted of, released from incarceration for or released from probation or parole for a felony or of any crime involving moral turpitude, drunkenness, or driving a motor vehicle while under the influence of intoxicating liquor or drugs, violation of any other intoxicating liquor law of any city, state or of the United States;

    (5)

    A partnership, unless all members of such partnership shall otherwise be qualified to obtain a license;

    (6)

    A corporation, if any manager, officer or director thereof, and/or any stockholder owning in the aggregate more than 25% of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than the citizenship or residency requirements;

    (7)

    A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25% of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 25% of the stock, of a corporation which: (A) Has had a retailer's license revoked under K.S.A. 41-2708 and amendments thereto; or (B) has been convicted of a violation of the drinking establishment act or the cereal malt beverage laws of this state;

    (8)

    A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee;

    (9)

    A person whose spouse would be ineligible to receive a retailer's license for any reason other than citizenship, residence requirements or age, except that this subsection shall not apply in determining eligibility for a renewal license;

    (10)

    A person whose spouse has been convicted of a felony or other crime which would disqualify a person from licensure under this chapter and such felony or other crime was committed during the time that the spouse held a license under this chapter; or

    (11)

    A person who has failed to pay any outstanding administrative penalty imposed pursuant to Section 4.12.090(c) or Section 4.16.095(d) of the City Code.

    (b)

    A license shall not be issued for a tavern on premises located within 300 feet of any church or school or a residential zoning district, the distance to be measured as set forth in the Wichita/Sedgwick County Unified Zoning Code. Renewal of licenses may be made for all establishments presently licensed that are within 300 feet of any church or school or a residential zoning district, so long as the premises are used or held for use as a tavern; provided, however, that should an establishment located within 300 feet of the property line of any church or school or a residential zoning district cease to be used as a tavern for a period of 90 days or more or said premises are used for another type of business, then, and in that event, no new license shall be issued for the sale of cereal malt beverages on the premises, provided, however, that the distance requirements set out above shall not apply to the place of business of a licensee selling cereal malt beverages at retail and not for consumption on the premises. Periods of time during which taverns are being remodeled or are being repaired because of damage caused by fire or natural disasters such as floods or windstorms, shall not be included in computing the above 90 day period; provided, however, that any remodeling or repair must be commenced within 90 days after closure of any given structure and completed within a reasonable time thereafter. Additionally, the vice section of the Wichita Police Department shall be notified within 30 days of closing whenever any tavern is closed for remodeling or repairs. Such notice shall state the date when remodeling will start and the date it will be completed. It is further provided that the space limitations prohibiting the licensing of cereal malt beverage retailers within 300 feet of the property line or any church or school shall not apply to colleges and universities within the city limits, and the colleges and universities are exempted from the space limitation. Off-street parking shall be provided as required by the Wichita/Sedgwick County Unified Zoning Code.

    (c)

    A license shall not be issued for the sale of cereal malt beverages for consumption on the premises if the place of business is also licensed for the sale of cereal malt beverages for consumption off the premises.

    (d)

    No license shall be issued for premises wherein the use thereof would be in violation of the city zoning laws or the city building codes or fire codes.

    (e)

    The denial of a license or permit application shall be subject to the appeal process and provisions set forth in Section 4.12.090(c) and (d), except that the notice of appeal shall include the name and address of the appellant, the date of the license or permit application, the date of the denial of the application or permit and the factual basis for the appeal. The review conducted by the City Council shall be of the facts and circumstances of the license denial.

(Ord. No. 39-906 § 4; Ord. No. 48-353, § 8, 6-23-09; Ord. No. 50-160, § 2, 3-15-2016)