§ 5.07.125. Maximum number of privileged alcoholic beverage package licenses in the redevelopment area extended north to Ninth Street; exceptions.

(a)

From and after the effective date of this ordinance, the city establishes 14 as the maximum number of alcoholic beverage package licenses in the redevelopment area, as defined in RMC 20.02.040, extended north between the westerly right-of-way line of Vine Street and the easterly right-of-way line of Evans Avenue to the northerly right-of-way line of Ninth Street.

(b)

All alcoholic beverage package licenses in the area specified in subsection (a) in good standing as of the effective date of this ordinance shall remain valid as long as all requirements and conditions established by the city in Titles 4 and 5 are met. Upon surrender, revocation, or failure to renew such a license, no new license will be available for any applicant, until the number of existing licenses falls below the established maximum of 14.

(c)

Notwithstanding subparagraphs (a) and (b) above, so long as the applicant satisfies all other applicable sections of the Code and complies with requirements and conditions set forth in RMC Chapter 18.12.2101, et seq., the following types of businesses may apply for and receive an alcoholic beverage package license even if the business is located within the extended redevelopment area, as defined in subsection (a) above:

(1)

a business having a minimum of 9,000 square feet of retail floor display space not including restrooms, office space, or storage space and which does not offer greater than five percent of its retail floor display space for packaged liquor products.

(A)

the retail operations of the business employs at least ten full time employees, unless special circumstances exist demonstrating that the business is likely to generate substantial additional employment opportunities including employment for low to moderate income persons as defined by the Federal Housing and Urban Development Agency;

(B)

at least 30 percent of the retail floor space offered by the business constitutes fresh foods, pharmaceuticals or other necessary health care products, household necessities and/or other retail products necessary for residential living;

(C)

the building in which the business will operate has been vacant and non-operational for at least 12 months prior to issuance of a license under this chapter; provided that prior to opening for business to the public with a license under this chapter, the business substantially rehabilitates the building, said rehabilitation to include bringing the building up to existing building code, health and fire safety standards;

(D)

the exterior of the building in which the business will operate was predominantly characterized by dislocation, deterioration and dilapidation; provided that prior to opening for business to the public with a license under this chapter, the business substantially improves the aesthetic qualities of the storefront, facade and all other exterior aspects of the building, preferably through the use of real brick or like-quality construction materials which are historically significant or otherwise tie the building to other positive aesthetic attributes of the redevelopment area;

(E)

the business is located in a portion of the redevelopment area which does not offer any significant outdoor amenity to downtown residents, employees or visitors; provided that prior to opening for business to the public with a license under this chapter, the business designs and constructs a significant outdoor amenity in the proximity of the business location, such as a pocket park, plaza, fountain, public art or other outdoor amenity which contributes to a high quality of urban life for residents, employees and visitors in the area and which is designed to promote health and safety and to minimize crime and public nuisance;

(F)

the business is characterized as a destination attraction which offers high quality retail or entertainment value or a business concept unique to the area which will either attract substantial business from outside of the redevelopment area into the redevelopment area or otherwise significantly benefit the redevelopment area;

(G)

the business makes a private investment in the building and related public infrastructure in excess of 30 percent of the fair market value of the building in which the business will operate;

(H)

the business by its very nature requires relatively insignificant ongoing public services such as police, fire, public works and code enforcement when compared to the benefits the business will create for the redevelopment area;

(I)

the business is otherwise a valuable addition to the redevelopment area because it supports basic human needs of the residents, employees and visitors in terms of health, safety, enjoyment and quality of life.

Any person seeking a license under this exception shall submit an application provided by the business license division. In the application, the applicant shall identify relevant facts supporting at least five of the above factors. Prior to approving a license under this exception, after analysis is provided and a recommendation is made by the executive director of the redevelopment agency or his designee, the city council must make a finding that at least five redevelopment goals identified above will be satisfied as a result of issuing the license. Even if a business satisfies at least five redevelopment goals identified above, the city council may deny a license under this exception if under the facts and circumstances presented it determines that the overall goals of redevelopment would not be substantially furthered by the business. As a condition of issuance of a license under this exception, the applicant shall enter into an agreement prepared by the redevelopment agency requiring at a minimum that the business shall (i) maintain the exterior of its building and other exterior improvements of the business in a clean, orderly and safe condition; and (ii) conduct its business, without material modification, in accordance with the qualitative, quantitative, graphic, pictorial and other specific criteria represented to the city council in obtaining the license. To the extent that a business receives a license under this exception and the business fails to continuously comply in any material way with all qualitative, quantitative, graphic, pictorial, or other specific criteria represented to the city council in obtaining the license, it shall be grounds for immediate suspension and/or revocation of the license. If a license processed under this exception is suspended or revoked, the licensee may appeal as provided under section 5.05.017.

(2)

a business having a location which is the same in all material respects to a predecessor business holding a business license for the sale of alcoholic beverages for off-site consumption, so long as each of the following conditions are satisfied:

(A)

the application for a business license for the sale of alcoholic beverages for off-site consumption must be filed prior to the date the predecessor business voluntarily surrenders such license (but the application will be limited to the type of business license applied for by the successor business or held by the predecessor business, whichever is more restrictive);

(B)

the predecessor business' license must not have been denied or revoked for any reason, including but not limited to those identified in sections 4.04.150 of the Code and the predecessor business must not be subject of denial or revocation proceedings or have received notice of future denial or revocation proceedings which ultimately result in the denial or revocation of the predecessor business' license;

(C)

if the predecessor business' license has been suspended, is subject of suspension proceedings or the predecessor business is on notice of a suspension proceeding, the application will not be considered until the suspension proceedings are resolved in favor of the predecessor business or the suspension has been fully served and the predecessor business's license is in good standing;

(D)

the predecessor business must not, prior to the filing of the business license application, have failed to timely renew its license; and

(E)

the predecessor business must continue doing substantial and continuous business with the public at the location up until the time the application is received by the city.

(Ord. No. 6031, § 1, 6-11-08)