§ 8-37. Hearing upon objection to application.

(a)

If, in the event written objection is received by the city clerk prior to the expiration of the seven-day period stated in section 8-36, which is made by a person owning land or real property, or having business interests operating within a radius of 160 feet of the applicant's proposed retail outlet, then no license shall be issued unless authorized by the mayor and board of aldermen.

(b)

As soon as possible after the filing of such objection, but no later than 21 days from such filing, a hearing shall be held by the mayor and board of aldermen. At such hearing the objector shall have the burden of showing that the granting of such license shall be contrary to the public health, morals and safety; provided, however, that such license shall be issued unless the mayor and board of aldermen affirmatively find that the operation of such retail outlet would adversely affect the public health, morals and safety, giving reasonable consideration to the effect of such retail outlet on property values and business within such 160-foot radius, and the location of schools, churches and other such institutions within the immediate area; provided, however, no retail outlet shall be deemed to have an effect on any such school, church or other institution if more than 800 feet away from the same.

(Code 1973, § 5-30)