§ 18-102. Additional standards for issuance, or renewal of license.

(a)

With respect to the issuance, renewal or retention of licenses issued under this article, any rights to retain or have approved an application for a license or renewal, the following standards shall apply in addition to standards stated elsewhere in this article:

(1)

Where there is evidence that, even though there is compliance with the minimum distance requirements in this article, the type and number of schools or number of churches or other facilities in the vicinity causes minors to frequent the immediate area.

(2)

Where there is evidence that the location or type of structure would create difficulty in police supervision.

(3)

Where there is evidence that there are no licenses granted in the area or where there is evidence that the proposed area already is adequately supplied with such licenses.

(4)

Where there is evidence that a license for the location would be detrimental to the property values in the area.

(5)

Where there is evidence that the license in that location would be detrimental to traffic conditions or that there is a lack of sufficient parking spaces for automobiles. In addition to compliance with any other parking space requirements of the county, a licensee shall have sufficient parking on the premises so as to provide parking for his customers and so as to prevent parking on the streets or adjoining property.

(6)

Where there is evidence that alcoholic beverages have been sold to intoxicated persons or to a minor.

(7)

Where there is evidence that the conducting of the business has violated the law or this Code, creates a disturbance, congregation of intoxicated or unruly persons, congregation of minors, allows minors to be on the premises or to purchase, drink or possess alcoholic beverage on the premises, or that illegal activities have occurred on or in connection with the premises or business, or causes the police to answer complaints or make extra surveillance of the premises.

(8)

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

a.

If the applicant is a previous holder of any special license under chapter 10, article II, the manner in which he conducted the business under such special license as 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.

b.

The location for which the license is sought as to traffic congestion, general character of the neighborhood and the effect such an establishment would have on the adjacent and surrounding property values.

c.

The number of licenses already granted for similar businesses in the trading area of the place for which the license is sought.

d.

If applicant's spouse shall not be able to meet qualifications of an applicant, particularly if it appears that the applicant's spouse or another person is using the applicant as a guise, "dummy" or "front" to obtain a license.

e.

The sentiments of the community in which the proposed business would be operated as far as such sentiments may be known to the board of commissioners.

(b)

A finding that the conditions in subsection (a) of this section exist or a violation of this or other sections of this article shall be grounds for denial of an original or renewal application and shall authorize the board of commissioners to suspend, revoke or place on probation, with or without conditions, the license or holder of an existing license.

(Ord. of 6-27-1996, § 18)