Davenport Alcohol Special Use Permit Instructions by PermitDocsPrivate


									                                        City Administrator’s Office
                                     City Hall, 226 West Fourth Street
                                              (563) 888-2066

       S P E C I A L (C O N D I T I O N A L)                         USE         PERMITS


       Effective February 15, 2005 Section 17.48.020(B)(3) of the Davenport Municipal Code
       states that a new location, which was not previously licensed to sell alcoholic
       beverages, requires application for a Special (Conditional) Use Permit, unless the
       business is determined to be exempt. The Special Use Permit must be approved by the
       Zoning Board of Adjustment (ZBA) before the liquor license application is moved on to
       City Council. Also see Sections 5.10.105 and 5.10.210, amended July 1, 2008 (Ord.

Please allow an additional 2 to 4 weeks for processing of your liquor license application if the Special
Use Permit is required.

New License Applications. This information generally applies to new buildings and existing locations
which were not licensed within the past six months to sell or serve beer, wine or liquor, either on-
premises or carry-out. It applies also to businesses that are increasing the size of the premises, or which
are upgrading license classes (such as changing from a beer or wine permit to a liquor license).

Temporary Licenses and Outdoor Service Areas. New applications for temporary licenses, or for
permanent outdoor service areas, must satisfy the Special Use Permit requirement. Temporary licenses
and outdoor areas which have been approved previously, such as annual events, are exempt, unless the
size and/or location are changing. Temporary licenses which require application and review through the
Special Events process are exempt.

Exemptions. Section 17.48.020(B)(3)(a) of the Davenport Municipal Code exempts the following
businesses from the Special Use Permit requirement:

   a. Grocery store or pharmacy “at least half (50%) of whose gross income is derived from the sale of
      merchandise other than liquor, wine or beer and without regard to the sale of any petroleum
      products”; however, the zoning ordinance defines a store of less than 10,000 square feet as a
      convenience store (see following additional definitions of grocery store);

                                     Special Conditional) Use Permits

Exemptions. (continued)

       “A grocery store or supermarket shall be generally defined as a business that offers for sale a wide
       variety of goods including food, drinks, pharmaceuticals, health care and hygienic products, and
       other household products that are regularly used in the home by consumers. A convenience store,
       which is subject to the limitations….is, by contrast, a smaller store or shop, generally accessible or
       local, often located alongside busy roads. A convenience store can take the form of a gas station
       supplementing its income with retail goods or a retail store that has added gas to the list of goods it
       has to offer. Size of the facility is one difference between grocery store/supermarket and
       convenience store; another would be (that) supermarket customers frequently shop by putting their
       product selections into a shopping cart.” [Section 5.10.105(C) of the Davenport Municipal Code];

    b. Restaurant “at least half (50%) of whose gross income is derived from the sale of prepared food
       and food related services.”

The Office of Planning and Land Use will determine whether your business is exempt from application
for a Special (Conditional) Use Permit. To qualify for an exemption, if you own a business at another
location which is operated similarly to the proposed new business, you may submit a verified statement
described in the following paragraph. If the exemption is granted, revenue documentation might be
required in the future if your exempt status is audited by the City.

The verified statement must include “…total dollar volume of all sales which also shows as separate
line items total dollar sales figures for food, alcoholic beverages, tobacco sales and non-food product
sales for the six months immediately preceding the application….” Or, the verification can be in the
form of “…an affidavit by the business’s certified public accountant or chief financial officer stating
the gross income breakdown, or a copy of the business’s state income tax form showing the income
breakdown….” A statement as to how the business operation will or is proposed to operate or its
estimated income projections is not sufficient or adequate to overcome the presumption.” [see
Subsection 5.10.105(B)]

Application for Special Use Permit. If the business is not exempt, application for a Special Use Permit
application must be submitted to the Zoning Board of Adjustment (ZBA). You may contact the Office of
Planning and Land Use at (563) 326-7765 for information regarding the Special Use Permit application
process. The following information must be submitted with the application:

1. For a new business, including premises where a previous license/permit has not been renewed or the
   business operation has ceased for a period of six weeks or more [Section 5.10.210(K), amended
   July 1, 2008, Ord. 2008-247]:

       A “to scale” or dimensioned site plan of the location of the building and outdoor service area (if
       applicable) on the property showing parking areas (spaces delineated) and distance from property
       lines (see Chapter 17.56 of the Davenport Municipal Code entitled “Site Plans”).

2. For a business or use expansion…. (see next page)

                                     Special Conditional) Use Permits

Application for Special Use Permit. continued

2. For a business or use expansion, including the addition or expansion of a building and/or an outdoor
   service area, or upgrading the license classification for an existing business already licensed selling
   beer, wine and/or liquor:

    a. A “to scale” or dimensioned site plan of the building and expansion showing distance from
       property lines and connection to existing building;

    b. To determine parking requirements, a “to scale” or dimensioned plan showing the interior spaces
       of the building and any permanent outdoor service area or expansion thereof.


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