§ 3-17. Leased premises.

In the event premises for which a license is sought is part of a larger parcel of land, which would not qualify for a license, because of the proximity to school, college, church or recognized place of a worship as defined in section 3-16 of this chapter, a license may nevertheless be issued by the council, provided the applicant meets the following additional requirements:

(1)

The owner of the larger tract of land does not own or have a direct or indirect financial interest in the business sought to be licensed (other than the payment of rents). The lease does not require the lessee to pay to the lessor a percentage of profits based upon the amount of sales.

(2)

The owner has agreed to lease the premises to applicant for a period of at least one year.

(3)

The lease in the opinion of the council is an arms length transaction.

(4)

The leased premises, as described in the application, if owned by applicant, would meet the requirement of section 3-16 of this chapter.

(5)

The leased premises do not exceed 50 percent of the land area or larger parcel of land.

(6)

The lease is not between any of the following parties:

a.

Person related by blood or marriage;

b.

Affiliated companies or corporation;

c.

Officers, director and stockholders (including family members) of a corporation and a corporation;

d.

Persons who have no other financial or business relationship between themselves.

(Ord. No. 2007-14, 7-23-2007)