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HomeMy WebLinkAbout2016-05-09 16-198 ORDERCOUNCIL ACTION Item No16-198 Date: May 9, 2016 Item/Subject: Order — Adopting the Liquor License Processing Policy to Replace Existing Liquor License Processing Policy Responsible Department: Legal Commentary: This Order will adopt a new liquor license processing policy to replace the current policy in its entirety. Council Order 09-242 adopted liquor licensing process policy which requires that the City Council hold a public hearing on new liquor license applications and consider all Class X and Class XI liquor license applications, including renewals, under New Business on the Council agenda. If approved, this order will replace with the existing liquor license policy with a new policy that eliminates the requirement that the public hearings be noticed in a newspaper; and that new liquor licenses no longer require a public hearing; and provides that liquor licenses be placed on the consent agenda. All items that appear on the consent agenda can be moved to new business at the request of any councilors. Maine law does not require public hearings on liquor license applications, new or renewals. This has been reviewed by Government Operations Committee, which voted 4-1 (Graham opposed) to recommend approval. Department Head Manager's Comments: Associated Information: Order, Policy Budget Approval: Legal Approval: Introduced for x Passage First Reading Referral Page _ of _ Finance Director City Solicitor Assign to Councilor Perry CITY OF BANGOR 16-198 May 9, 2016 (TITLE.) ORDER, Adopting Liquor License Processing Policy to Replace Existing Liquor License Processing Policy WHEREAS, by Council Order 09-242 the City Council adopted a liquor licensing process policy; and WHEREAS, said policy the requires that the City Council hold a public hearing on new liquor license applications and consider all Class X and Class XI liquor license applications, including renewals, under New Business on the Council agenda; and WHEREAS, Maine law does not require public hearings on liquor license applications, new or renewals; and WHEREAS, it is in the best interest of the City of Bangor and its businesses seeking new or renewed liquor licenses to not require public hearings. By tfie City Couna/ ofifie City ofBangor.- ORDERED, THAT the attached Liquor License Processing Policy is hereby adopted replacing in total the Liquor License Policy Adopted by the Bangor City Council by Council Order 09-242. IN CITY COUNCIL MAY 9, 2016 MOTION MADE AND SECONDED FOR PASSAGE PASSED COUNCILOR GRAHAM ABSENT FROM VOTE CITY CLERK Liquor License Processing Policy 1.0 Purpose 16-198 MAY 9, 2016 The purpose of this policy is to establish guidelines for the processing of new and renewal liquor licenses for establishments within the City of Bangor that serve alcohol on premises. 2.0 General Statement The city recognizes that efficient liquor license processing is expected by business establishments in the City. To that end, the City Clerk's office will work as a liaison between the State of Maine Liquor Licensing Division, the various city departments, and the applicant to facilitate the process. 3.0 Processing Policy 3.1 New Liquor Licenses 3.1.1 Application Process New applicants who wish to open a business that will sell alcohol on premise must complete and submit the required application forms and pay the license and advertising -fees. 3.1.2 Other licenses required Establishments that serve alcohol must first apply for a Certificate of Occupancy from the Code Enforcement Office prior to submitting applications and payments. Establishments that sell on premise alcohol are also required by state law to have a food vendor license (victualer's license). 3.1.3 Departmental Approvals Approvals must be received from Treasury, Sewer, Code Enforcement, Fire Inspection, and Police before the license may be approved. 3.1.4 Public Hearing Process A public hearing is not required for a new liquor license. Thus reg, tires an ad meeting at i.yhinh the hearing is hely! 3.1.5 Council Agenda Licenses that have received all the required departmental approvals by the deadline for agenda submittals on the Wednesday prior to the Council meeting will be placed on the Council agenda under Consent. New Business. Applicants will be asked to attend the Council meeting in the event that questions should arise regarding the applicant or their application. 3.1.6 Finalizing the License Once approved and signed by Council, the applicant must submit the signed state application and the associated fees to the State Licensing Division in Hallowell. 16-198 MAY 9, 2016 3.2 Liquor License Renewals 3.2.9 Application Process Establishments wishing to renew their liquor license must submit a completed state application and the associated fee to the City Clerk's office before the license expires. Recommended timeline for submittal is one month before expiration, but no later than one week before expiration. 3.2.2 Other Licenses Required Applicants must maintain a Certificate of Occupancy and other required licenses. 3.2.3 Departmental Approvals Approvals must be received from Treasury, Sewer, Code Enforcement, Fire Inspection, and Police before the license may be approved. 3.2.4 Public Hearing Process A public hearing is not required for a liquor license renewal and will generally appear on the Council's Consent agenda; however, -11 Glas-s IX d Glass XI PG9Rses and any license that does not receive approval from any of the required departments will appear under new business on the agenda to allow for discussion. 3.2.5 Council Agenda Applicants for licenses that appear under new business on the Council Agenda, along with representatives from the department(s) that have not given approval, if any, will be asked to attend the Council meeting. 3.2.6 Finalizing the License Once approved and signed by Council, the applicant must submit the signed state application and the associated fees to the State Licensing Division in Hallowell. 4.0 Effective Date This policy will become effective on May 20, 2016 .