Liquor Licensing
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1. Application for a cabaret license must be made on a form provided by the Department of Excise and Licenses. All questions must be fully answered. In addition the applicant will be required to provide the following:

a. a zoning use permit approved by the Zoning Administration;

b. a diagram of the premises;

c. proof of possession of the premises;

d. class of license applied for and type of entertainment to be provided; (note: karaoki music or entertainment offered by a disc jockey requires a cabaret license)

e. floor space and seating capacity, including floor space to be used for dancing;,

f. financial information concerning the establishment;

g. individual history forms for officers, directors, members, managers, partners, 10% or greater shareholders or members;

h. if pool tables or amusement devices are provided, the number of each of them;

i. and any other information required by the department. Information that has been supplied in the application for the liquor license will not have to be re-supplied.

2. The applicant and/or its officers, directors, partners, members, and 10% or greater shareholders and members will be fingerprinted by the Department if this has not already occurred in the liquor licensing process. Out of state applicants must provide either a clearance letter and a criminal history record from a local constabulary or a fingerprint card from a local constabulary.

3. Once the application is complete and all fees paid, the cabaret application will be set for a public hearing. Generally this hearing will be conducted at the same time as an application for a liquor license if one is being sought. Hearings for cabaret license applications will be scheduled at least forty days beyond the date the application is filed.

4. The location must be posted with notice of the hearing date and time for at least thirty days prior to the date of the hearing. The sign must comply with the requirements for liquor license application postings. The department will provide the applicant with the specifics for the posting sign. The department will notify neighborhood groups and the Division Chief of Patrol (DPD) of the application and hearing in the same manner as it does for liquor license hearings. The department will publish the requisite notice if the application includes a liquor license application as well.

5. The department will designate the neighborhood surrounding the proposed location from which residents and/or business owners and managers may sign petitions or testify regarding the license. Only those residents and business owners/managers from the designated area will be allowed to sign petitions and testify. Representatives from neighborhood associations and elected officials may testify in the same manner as specified for liquor license applications. Petitions may be circulated in the same fashion as with liquor license applications.

6. At the public hearing, evidence will be taken regarding whether the residents and/or business representatives of the area desire the issuance of the license, whether there is a need in the neighborhood for the license, and the effect the issuance of the license would have on the health, welfare, or morals of the designated neighborhood. The applicant has the burden of proving the need and desire for the license and that it will not have an adverse impact on the health, welfare, or morals of the neighborhood. After the applicant has presented its case, any protestants may present evidence regarding these same issues.

7. Following the hearing, a hearing officer will issue a recommended decision to the director. This decision will be sent to the representatives of the parties. The representatives will be given ten days to file written objections to the decision. The director will issue a final decision after any objections are received. The grounds for denial of a cabaret license are outlined in D.R.M.C. Sec. 6-55 et. seq.

8. The director may impose conditions on a cabaret license if the evidence presented at the hearing supports the imposition of such conditions.

9. If a license if approved, the premises must be inspected by the Building, Fire, Environmental Health, and Excise and Licenses Departments before the license may be issued.

 

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