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ORDINANCE NO. 2012 - 03 AN ORDINANCE AMENDING TITLE 3, CHAPTER 2, ARTICLE II, SECTION 10 OF THE CITY OF CODY CODE: NUMBERS, APPLICATION, ISSUANCE AND REGULATION OF LICENSES AND LICENSEES BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, PARK COUNTY, WYOMING: Section 3-2-10 of the City of Cody Code shall be amended as follows: Section 3-2-10______NUMBERS, APPLICATIONS, ISSUANCE AND REGULATION OF LICENSES AND LICENSEES A. The qualifications, restrictions, limitations and numbers of licenses and permits shall all be governed by Wyoming Statutes Title 12, as amended, and by the provisions of this Title. B. All applications for a license, permit, renewal or transfer shall be made to the governing body and shall be made upon the appropriate form prepared by the State of Wyoming, and furnished to the City. All applications shall be filed in the office of the city clerk. In addition to the information required by state law, each applicant shall also provide the following information with the application to the City: 1. Applicants for transfers of ownership and for new liquor licenses including but not limited to retail, restaurant, microbrewery, winery and bar and grill licenses shall disclose to the City all convictions and pleas of guilty or no contest to any and all felonies, and any and all alcohol related offenses, including but not limited charges for driving while under the influence of alcohol, and charges related to the sale or distribution of alcohol, for the previous ten years. The criminal history shall remain confidential pursuant to state law, and shall not be disclosed to the public. If the applicant is a partnership, each partner shall submit the criminal history information. If the applicant is a privately held corporation, each officer, director and stockholder holding either jointly or severally, ten percent (10%) or more of the outstanding and issued capital stock of the corporation shall provide the required criminal history information. If the applicant is a limited liability company, each officer, manager and member holding, either jointly or severally, ten percent or more of the outstanding ownership of the limited liability company, shall provide the required criminal history information. If the applicant is a publicly traded corporation, the on-site manager or managers (if there is more than one) shall provide the required criminal history information. If the application is approved, each time a new manager is hired, that manager shall provide the criminal history information to the City within forty-five (45) days of hire. If the applicant is a non-profit organization, the organization shall be exempt from a criminal history background check. A non-profit organization shall provide documentation of its non-profit status to the City in lieu of providing the criminal history information. Such documentation shall include documentation from the Internal Revenue Service showing the organizations tax-exempt status, and / or documentation from the State of Wyoming showing the non-profit status of the organization. ---PAGE BREAK--- 2. Each applicant applying for a new liquor license including but not limited to retail, restaurant, microbrewery, winery, and bar and grill licenses, or for a transfer of ownership for a retail liquor license, shall submit a business plan. The City shall provide a written summary providing general guidance as to what information should be in the plan, including what information shall be required. C. The approval of any application for the issuance of any license or permit, or the renewal or transfer, shall be discretionary with the governing body. In making a decision on any application for a new license or transfer of ownership, the City shall consider the information in the application, including the criminal history, the business plan, and all other information presented to the City at or prior to the public hearing. The City may deny a license based on any information provided in the application, including the criminal history check and the business plan, and on any information received at or prior to the public hearing, including but not limited to information presented by the staff and members of the public. This Ordinance shall become effective at the final passage and publication in the Cody Enterprise as required by law. PASSED ON FIRST READING: _____January 17, 2012_____ PASSED ON SECOND READING: ____February 7, 2012_____ PASSED ON THIRD READING: February 21, 2012____ Nancy Tia Brown, Mayor ATTEST: Baker, Administrative Services Director