City Council Agenda and Packet 1984 01 03

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12/20/83 Page -4- TEMPORARY APPROVAL Councilman Cussen moved, Councilwoman Morris seconded that Waldo's be given a temporary approval of their renewal of their liquor license- after they have been notified by letter of a liquor license hearing, until January 3, 1984 at which time council will either make a decision to continue or deny renal. Councilman Cummings Commented if we have a problem in a bar and we can't make the rules, why go through the formality of a hearing? Attorney Rautenstraus advised that council could :rake the rules, the point is you can't make the rules until you give the owner spe- cific notice that you are going to discuss this with him. Rautenstraus further stated that if council's policy was to have a hear- ing every time on every liquor license re- newal then it would le appropriate to act on it without giving opecific notice. The policy of council has always beeen to renew a liquor license without a hearing, or without requiring the person to be here; there- fore if the policy is changed now and act without giving specific notice that's when you could be in trouble. Councilman Leary Commented that the policy has been to approve renewals without a hearing; but there has been no policy established that it would be inconsistent with disapproving a renewal without a hearing. Attorney Rautenstraus advised that the Case Law and the Liquor Code specifically implies that non-renewal or denial is not appropriate without a hearing. Councilman Leary commented since the renewal applications are sent to liquor establishments in ample time by the State Liquor Division, they should be required to submit them to council at least 6 weeks prior to their expiration date. Rautenstraus concurred; but stated Council did not set a consistent policy to deal with this. VOTE ON THE MOTION Question called for. 6 Ayes - 1 Nay. Councilman Cummings dissenting. Motion carried 6-1.