§ 4-73. Applicants.

(a)

No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person who is not:

(1)

A United States citizen;

(2)

A legal permanent resident of the United States;

(3)

A qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency.

(b)

If the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers and majority stockholders. Issuance of the license shall be as follows:

(1)

In the case of a corporation, the license shall be issued jointly to the corporation and the majority stockholder, if an individual. If the majority stockholder is not an individual, the license shall be issued jointly to the corporation and its registered agent under the provisions of this chapter.

(2)

In the case of a partnership, the license will be issued to all the partners owning at least 20 percent of the partnership; or if no partner owns 20 percent of the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed.

(c)

No person shall be granted any alcoholic beverage license unless it shall appear to the satisfaction of the city manager or his or her designee that such person, partners in the firm, officers and directors of the corporation have not been convicted or plead guilty or entered a plea of nolo contendere, and has been released from parole or probation, to any crime involving:

(1)

Moral turpitude;

(2)

Illegal gambling;

(3)

Illegal possession or sale of controlled substances;

(4)

Illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law;

(5)

Keeping a place of prostitution;

(6)

Pandering;

(7)

Pimping;

(8)

Public indecency;

(9)

Prostitution;

(10)

Solicitation of sodomy; or

(11)

Any sexually related crime within a period of ten years immediately prior to the filing of such application.

(d)

No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person convicted under any federal, state or local law of any felony, within ten years prior to the filing of application for such license.

(e)

It shall be unlawful for any city employee directly involved in the issuance of alcoholic beverage licenses under this chapter to have any whole, partial or beneficial interest in any license to sell alcoholic beverages in the city.

(f)

No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person who has had any license issued under the police powers of any jurisdiction within the state previously revoked within two years prior to the filing of the application.

(g)

The city manager or city council may decline to issue a license when any person having any ownership interest in the operation of such place of business or control over such place of business does not meet the same character requirements as set forth in this section for the licensee.

(h)

All applicants for any alcoholic beverage license must be of good character, and all operators, managers, clerks, or other employees shall be of like character. Corporate or firm applicants shall be of good business reputation.

(i)

A license application may be denied to any applicant for any alcoholic beverage license where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the application is intended to be a mere surrogate for a person who would not otherwise qualify for a license for any reason whatsoever.

( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-03-304 , § 1, 3-20-2017; Ord. No. 17-05-316 , § 1, 5-15-2017)