A. No license shall be issued to:
1. Any applicant who, at the time of the application, is not twenty one (21) years of age or older, if the applicant is an individual.
2. Any applicant who is not the bona fide owner of such retail business.
3. Any applicant who is not a bona fide resident of the state of Idaho for at least thirty (30) days preceding the date of the application for a license and has documentation of his/her legal residence in the United States; provided, that if the applicant is:
a. A partnership, at least one of the partners shall have been a bona fide resident of the state of Idaho for thirty (30) days prior to the date of application, shall have documentation of his/her legal residence in the United States, and shall be twenty one (21) years of age or older.
b. A corporation or association, it must be organized under the laws of the state of Idaho or qualified under the laws of the state of Idaho to do business in the state and the person who is, or who will be, the manager of the corporation's or association's business of selling alcoholic beverages, shall have been a bona fide resident of the state of Idaho for at least thirty (30) days prior to the date of application, shall have documentation of his/her legal residence in the United States, and shall be twenty one (21) years of age or older.
4. Any applicant who, within three (3) years immediately preceding the date of filing the application, has been convicted or paid any fine, received a deferred sentence or withheld judgment, suffered the forfeiture of a bond for failure to appear, or completed any sentence of confinement for the violation of any law or regulation of the state of Idaho, any other local or state government, or of the United States regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquors; or within three (3) years immediately preceding the date of filing the application, if the applicant is a partnership, corporation or association, any of its employees, officers or members of the governing board or body, have been or the entity itself has been convicted or paid any fine, has received a deferred sentence or withheld judgment, has suffered the forfeiture of a bond for failure to appear, or has completed any sentence of confinement for the violation of any law of the state of Idaho, any other state, or of the United States regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquors.
5. Any applicant who, within five (5) years immediately preceding the filing of the application, has been convicted of any felony or completed any sentence of confinement therefor within said time, and who has not paid in full all court ordered fines and/or restitution in connection with said felony or any other court case within the jurisdiction of the 4th judicial district of Idaho.
6. Any applicant who, if an individual, within three (3) years immediately preceding the date of filing the application, has had any license provided for herein, or any license or permit issued pursuant to the laws of this state, or any other state, or of the United States, to sell, manufacture, transport or possess alcoholic beverages or intoxicating liquors, revoked.
7. Any individual applicant; or, if a partnership or association, any of its partners; or, if a corporation, any of its employees, officers or members of its governing board or body, engaged in the operation of, or having a financial interest in, any house or place for the purpose of prostitution, or convicted of any crime or misdemeanor opposed to decency or morality.
8. Any individual applicant who has had a license to sell alcoholic beverages at retail revoked by this county or any county of this state, any city of this state or the state of Idaho; or was a member of a partnership or association whose license to sell alcoholic beverages at retail was revoked by this county or any county of this state, any city of this state or the state of Idaho; or was an employee, officer or member of the governing board, or one of the principal stockholders of a corporation, whose license to sell alcoholic beverages at retail was revoked by this county or any county of this state, any city of this state or the state of Idaho, within three (3) years immediately preceding the date of filing the application.
9. Any applicant who does not possess a current beer license under this chapter, in the case of any application for a retail wine, a wine by the drink or a liquor by the drink license.
B. The affirmative showing required with respect to qualifications of an applicant shall be required to be made with respect to each partner of a partnership applicant and to each incumbent officer, director or member of the governing board of a corporation or association applicant, and to each person then employed by an applicant whose duties include the serving or dispensing of alcoholic beverages or supervising the serving or dispensing of alcoholic beverages. (Ord. 107, 10-29-1980; amd. Ord. 142, 9-18-1985; amd. Ord. 172, 5-21-1987, eff. 6-17-1987; amd. Ord. 616, 4-18-2006; amd. Ord. 795, 2-21-2012; Ord. 903, 10-15-2019)