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K -7 • <br />2. Provides an area for serving alcoholic beverages that is operated <br />during hours not corresponding to regular meal service hours. <br />Food products soldor served incidentally to the sale or service of <br />alcoholic beverages shall not be deemed as constituting regular <br />meal service. <br />Cabarets and nightclubs. Establishments with the principal purpose of providing <br />live entertainment and /or dancing occupying more than 20 percent of the net <br />public area in conjunction with the serving of food and /or beverages. <br />POLICY <br />It is the policy of the City Council that the public convenience and necessity will <br />not be served by the approval of any new or upgraded license or the premises - <br />to- premises transfer of any license for bars and cocktail lounges or cabarets and <br />nightclubs in a location that meets the following criteria. <br />1. The location is within an area where the number of crimes is at least 75% <br />higher than the average of all reporting districts in the City; and <br />2. The location is within 200 feet of a property in residential use. • <br />The provisions of this Policy shall not prevent the Chief of Police from making a <br />determination of public convenience and necessity in the case of a premises to <br />premises transfer of any license from (1) a location within an area where the <br />number of crimes is at least 75% higher than the average of all reporting <br />districts to an area where the number of crimes is less than 75% higher than the <br />average of all reporting districts; or (2) a location within 200 feet of a property in <br />residential use to a location more than 200 feet from a property in residential <br />use. The provisions of this policy shall not apply to transfers that are the result <br />or the death or incapacity or the licensee, any order of a court of competent <br />jurisdiction, or the operation of law. <br />The City Council designates the Chief of Police or his /her designee to make such <br />determination in all other cases. <br />The Chief of Police shall notify the applicant of his /her determination within <br />forty-five (45) days of receiving notice of an application for licensure. Any <br />applicant not satisfied with the determination of the Chief of Police may appeal <br />to the City Council by filing a written appeal with the City Clerk within <br />fourteen (14) days. The City Council shall render its decision within thirty (30) • <br />days after the filing of an appeal. <br />2