ORDINANCE NO. 220514

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Amending Chapter 10, Code of Ordinances, by repealing Sections 10-62, Required hearings and review of director's action, and section 10-212, Location, and enacting in lieu thereof a new section of like number and subject matter to make necessary revisions to update a discrepancy within the ordinance, and, to make changes to the hearing process to align it with other like sections of the ordinance.

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WHEREAS, the change to section 10-62(a) supports what is written in sections 10-212(b)(6)&(7) which states that a proposed license shall only be presumed that is likely to interfere with or be detrimental to the rights or interests of the neighboring community where 50% or more of the eligible neighbors who filed a written response with the director opposed the granting of a license or permit; and

WHEREAS, prior to January 14, 2022, when the City Council passed Ordinance No. 210961 which made many changes and updates to Chapter 10, the former process of asking for a hearing largely restricted an eligible consenter to seek one only if the director did not follow the ordinance as written; and

WHEREAS, the ordinance changes adopted in January now allow the manager to determine whether a liquor license or permit can be issued which allows for an eligible neighbor who voted on a proposed license or permit to ask for a hearing to challenge the manager's decision for any reason; and

WHEREAS, the Liquor Control Board of Review consists of eight taxpaying residents of the city, appointed by the mayor, who typically have other jobs and are accustomed to two or fewer cases coming before them annually and the changes that were made to Chapter 10 in January could dramatically increase the number of hearings before the Board; and

WHEREAS, in Section 10-214 it states that it shall be presumed that a proposed license is likely to interfere with or be detrimental to the rights or interests of th...

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