1. This is a LICENSING issue. Because of Ord. 16-496 which took effect in June of 2016, the 7-11 now needs a "late-night operations license" in order to be open between the hours of 12 midnight and 5 am. The Legislative history. (Look at the third reader version for the final changes.)
2. The law that regulates licensing of late-night commercial operations is Article 15, Licensing and Regulation, Subtitle 9.
2. The license is issued by the Department of Finance, which is required to grant or deny 7-11's application by January 26. However, if 10 or more "written objections" were received by January 11th then the Department of Finance MUST DENY the application and so inform the 7-11 by January 18th.
3. The applicant has 30 days to appeal a denial to the Finance Director. The Finance Director then has 30 days to either affirm the denial or grant the license, and inform the applicant.
4. The law states that the Finance Director "must consider" the following:
(1) all letters submitted in opposition to or support of the application;
(2) any cause for denial that is specified in 9-16 of this subtitle;
(3) the specific days and hours proposed for late-night operations;
(4) the adequacy of an indoor and outdoor security plan, including any evaluation made by the Police Commissioner or his or her designee; and
(5) the ability and willingness of the applicant to accept reasonable conditions on the license to protect the public health, safety, and welfare.
The causes for denial listed under 9-16 are:
(1) failing to pay the applicable license fee on or before the due date;
(2) making any material false statement in any application for an initial or renewal license;
(3) failing to abate within 30 days of receipt any notice or citation for violating any provision of the City Building, Fire, and Related Codes Article, Health Code Article, or Zoning Code Article; or
(4) failing to comply with any provision of:
(i) this subtitle;
(ii) a rule or regulation adopted under this subtitle; or
(iii) a condition imposed under this subtitle on the license.
5. The law states that an "aggrieved person" may seek judicial review of the Finance Director's decision.
Note:
The law does not distinguish between a long-established late-night business such as the 7-11, and a proposal for a new late-night business operation.
The law does not indicate how and when letters may be "submitted in opposition to or support of the application" in order to be considered by the Finance Director.