§ 5-35. Application for an on-premise license; notice; publication; written permission of abutting property owners.

Any person desiring to obtain, as to any permission situated within such permissive area hereinbefore defined and prescribed, license to sell, give, dispense or deliver, or to conduct the business of selling, giving, dispensing or delivering, any beer or malt beverage to be consumed upon the premises where sold, given, dispensed or delivered shall:

(1)

Post or cause to be posted, for at least thirty (30) consecutive days prior to making application for such license, a notice at or on the street front of the building, structure or premises intended to be so used, such notice to bear letters printed, painted or otherwise written and appearing in black color against a white background and of a size, clarity and location to be plainly visible to the normal eye from any distance extending from the same to and including the sidewalk situated on the side of such street opposite and across from the said notice, the said letters of which shall read as follows:

(First shall appear the name of the applicant for a license as a retail dealer)…IS AN APPLICANT FOR A LICENSE TO CONDUCT ON THESE PREMISES A PLACE OF BUSINESS WHERE INTOXICATING BEVERAGES MAY BE SOLD FOR CONSUMPTION ON THESE PREMISES.

(2)

Publish or cause to be published, in not less than one (1) publication or edition of a newspaper of general circulation at least once weekly in the city for four (4) consecutive weeks prior to making application for such a license, a notice which shall be printed in type of a size not smaller than that of general use in such newspaper and which notice shall read as follows: (First shall appear the name of the applicant for a license as a retail dealer)...IS AN APPLICANT FOR A LICENSE TO CONDUCT A PLACE OF BUSINESS WHERE INTOXICATING BEVERAGES MAY BE SOLD FOR CONSUMPTION ON SUCH PREMISES AT...(Here shall be added, as the concluding portion of such notice, the address of the premises and the approximate date on which it is intended to open such premises to the public for the purpose set out in said notice.) Each applicant shall pay an administrative fee of one hundred and fifty dollars ($150.00) to the city per application for each license.

(3)

Submit or cause to be submitted to the city council through the city secretary at any time after the expiration of the thirty (30) day posting period prescribed above, and following the fourth weekly publication by newspaper as prescribed above, a written document bearing the signatures of the owners, or agents of the owners, of all premises abutting on the same side of the street and within the same city block as is located such proposed place of business, by which the said owners or their agents, so signing, certify that they are aware of the use proposed to be made of such location and place of business which shall be clearly designated therein by address, and that each such owner or agent does or does not know of any reason, as the case may be, why such proposed place of business should not be opened and conducted at such address; provided, that where the location of such proposed place of business is at the corner of a city block, the word "on the same side of the street", hereinabove shall be held to refer to all premises abutting on the adjacent side of each of the two (2) streets that form the intersection by which such corner location is bounded.

(Ord. of 6-9-1953, § 2; Ord. No. 95-02, § 6, 1-3-1995; Ord. No. 2016-29, § 2, 9-20-2016)