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After the filing of an application in the proper form, the City Clerk will examine the application, and after such examination, the City Clerk will issue a license for a Distance-Restricted Business unless the City Clerk finds that:

(A) For all Distance-Restricted Businesses except Thrift Stores, the Distance-Restricted Business is located within 5,280 feet of any other Distance-Restricted Business of the same type or within 200 feet of any property used for residential purposes, including but not limited to, any property used primarily for a single-family residence, a two-family residence, a town home, or an apartment building. The separation distances will be measured from the nearest property line of the residentially zoned property to the outer wall of the Distance-Restricted Business;

(B) For Thrift Stores, the Thrift Store is located within 5,280 feet of any other Thrift Store of the same type or within 200 feet of any property used for residential purposes, including but not limited to any property used primarily for a single-family residence, a two-family residence, a town home, or an apartment building. Provided, however, that a Thrift Store may locate in a space previously occupied by a Thrift Store licensed under this chapter regardless of whether the previously occupied space currently satisfies the distance restrictions of this subsection, but only if the new license application is received within twelve (12) months of the expiration of the prior Thrift Store’s license. The separation distances will be measured from the nearest property line of the residentially zoned property to the outer wall of the Thrift Store;

(C) The Person submitted an application for a license to operate a Distance-Restricted Business at a location prohibited by any applicable local, state, or federal law, statute, ordinance, rule or regulation; provided, however, a Distance-Restricted Business lawfully in existence on the effective date of this section will be considered lawfully nonconforming and permitted to obtain a license hereunder and continue in operation in accordance with Chapter 18.60 of the Unified Development Ordinance;

(D) The correct license fee has not been paid to the City;

(E) The applicant knowingly made any false, misleading, or fraudulent statement of fact in the license application or in any document required by the City in conjunction therewith;

(F) The applicant is not a citizen of the United States;

(G) The applicant has been convicted of or has pleaded guilty to a felony under the laws of this state, or any other state, or of the United States, or has forfeited a bond to appear in court to answer charges for any such offense within the ten (10) years immediately prior to the application;

(H) The applicant had a license denied, revoked, or suspended for cause by the City or any other state or local agency within five (5) years prior to the date of the application;

(I) The applicant is not at least twenty-one (21) years of age;

(J) The applicant would be ineligible to receive a license under the provisions of this chapter;

(K) The applicant does not own the premises for which a license is sought, unless the applicant has a written lease for at least three-fourths of the period for which the license is to be issued;

(L) The applicant’s spouse would be ineligible to receive a license for any reason other than the age, citizenship and residence requirements;

(M) Any partner is ineligible to receive a license; or*

(N) Any officer, manager, or director is ineligible to receive a license. (Ord. 20-36 § 1, 2020; Ord. 16-24 § 2, 2016.)

*Typographical error was corrected by the editor by changing the word “and” to “or” on November 11, 2020.