Section 4-8 Same--Denial of application; appeal.

    (a)    Denial.  When a license under this chapter is denied, the business services administrator shall send a letter to the applicant stating why the license was denied and how to appeal the denial.  This letter shall be hand delivered or sent by first class mail.  A mailed letter shall be presumed received three (3) days after it was mailed.

    (b)    Appeal by applicant.  The applicant may appeal the denial to the liquor license review board by mailing or delivering a written notice of appeal to the director of finance and a copy to the business services administrator.  The notice of appeal must be received by the director no later than ten (10) days after the applicant received the letter of denial.  The applicant may submit to the director of finance a position statement explaining why applicant believes the license should be granted.  The business services administrator may also submit to the director a position statement explaining why the administrator believes the denial should be upheld.

    (c)    Right to continue operation.  If an application for renewal of a license is denied, an applicant who has filed an appeal under this section shall be allowed to continue operating as though the license were renewed until the liquor license review board has rendered a decision.  If the board affirms the denial of the license, the applicant shall be allowed to continue operating as though the license were renewed until ten (10) days after receiving the letter of denial.  If an appeal is taken to Circuit Court, the Court may allow the applicant to continue operation as though the license were renewed.

    (d)    Appeal by neighbor.  Any person residing, owning property or maintaining a place of business within 600 feet of property upon which a licensed establishment is located may send a letter to the business services administrator objecting to the renewal of a liquor license.  The letter shall state the grounds for the objection.  After renewing or denying the license, the business services administrator shall promptly notify the objecting neighbor, by first class mail, of the action taken on the application.  The notice shall be presumed received three (3) days after it was mailed.  If the license is renewed, the objecting neighbor may appeal the renewal to the liquor license review board by mailing or delivering a written notice of appeal to the director of finance and mailing or delivering copies to the business services administrator and to the licensee.  The notice of appeal must be received by the director no later than ten (10) days after the objecting neighbor received the notice that the license was renewed.  The objecting neighbor may submit to the director of finance a position statement explaining why the objecting neighbor believes the license should not be renewed.  The licensee and the business services administrator may also submit position statements to the director.

(Code 1964, § 4.070; Ord No. 18006, § 1, 3-1-04)

Editor's note - Ord. No. 18006, § 1, adopted Mar. 1, 2004, renumbered Sec. 4-8 to 4-15.   Also, prior to the adoption of Ord. No. 18006, §1 on March 1, 2004, Sec. 4-8 was known as Sec. 4-6.


(Ord. 18006, Amended, 03/01/2004, Prior Text)