§ 5.07.127. Maximum number of privileged alcoholic beverage package licenses in the Wells Avenue Neighborhood Planning Area Overlay District; exceptions.

(a)

From and after the effective date of this ordinance, the city establishes six (6) as the maximum number of alcoholic beverage package licenses in the Wells Avenue Neighborhood Planning ("WANP") Area Overlay District, as defined in RMC 18.08.101(k)(6).

(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 six.

(c)

Notwithstanding subparagraphs (a) and (b) above, so long as the applicant satisfies all other applicable sections of the Code, the following type of business may apply for and receive an alcoholic beverage package license even if the business is located within the WANP area, as defined in subsection (a) above:

(1)

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. 6142, § 1, 3-24-10; Ord. No. 6262, § 1, 11-7-12)