§ 6-65. Conditional approval.

(a)

Consideration of conditional approval. Once an applicant who has been asked to proceed by presenting a more detailed and complete proposal has sufficiently completed his plans, and obtained site plan, engineering, zoning, planning and other necessary approvals from the city, the applicant may then request consideration by the council of a conditional approval. Upon the receipt of a written notice by an applicant that he requests consideration of a conditional approval, the city clerk/treasurer shall cause the application to be placed on the agenda of the council for the council's action within 30 days of the receipt of the same by the office of the clerk/treasurer. At that meeting, the applicant shall be prepared to discuss the following:

(1)

Cost estimates for the buildings, furnishings and fixtures as part of the proposal;

(2)

Site plan information, including landscaping and other aesthetic features of the proposal;

(3)

Estimates of the number of employees required for the operation;

(4)

Information on the individuals expected to manage the operation, as well as information as to how the facility would actually be managed;

(5)

Information about any entertainment or dancing that might be involved; and

(6)

Answer to any related questions about the proposed improvements and/or general operation of the facility.

(b)

Disposition of request for and contingencies of conditional approval. Following this presentation by the applicant, the council may conditionally approve, above all others, the application, postpone consideration for a reasonable period, or reject the application. Conditional approval will be contingent upon obtaining building permits and any other necessary permits, licenses or approvals from the city within three months from the date of such conditional approval, including the correction of any existing noncompliance with codes and regulations referred to in section 6-64(c)(3). The construction of new building and alterations of existing buildings shall commence within three months after the date of the conditional approval, with a completing date of not more than one year after the issuance of the relevant building permit. Extensions for completion of construction or alterations may be granted by the council for good cause.

(c)

Change of approval requirements for conditionally approved applicants. After receipt of a conditional approval by the council, no floor plan, building elevation, site plan, seating arrangement, kitchen layout or other pertinent fact, drawing or document submitted to the council shall be changed without the applicant's first receiving approval from the department of public works, the department of inspections and code enforcement, and the council.

(d)

Recommendation of conditionally approved applicant to state liquor control commission. Upon completion of the building and in accordance with the prior conditional approval of the council, the council shall recommend the applicant, above all others, to the state liquor control commission for approval of the liquor license.

(Code 1970, § 13.202(H)—(K))