A. Prohibited Persons: No person shall sell or dispense alcoholic beverages at retail until licensed in accordance with the provisions of this chapter, and no retailer's license shall be issued to any applicant, or such license transferred to any person, including the executor, administrator or trustee in bankruptcy of the estate of the holder of a retail license, when that person:
1. Is under the age of nineteen (19) years;
2. Is not the bona fide owner of such business;
3. Is not a citizen of the United States, or has not been a bona fide resident of the State for at least thirty (30) days next preceding the date of application for a license; provided, that if the applicant is:
a. A partnership, all members thereof shall be citizens of the United States and have been residents of the State for at least thirty (30) days preceding the date of application for a license; or
b. A corporation or association, it must be organized under the laws of the State or qualified under the laws of the State to do business in the State and the principal officers and the members of the Governing Board must be citizens of the United States and residents of the State for at least thirty (30) days next preceding the date of application for such license;
4. As the licensee or any of its employees, officers or members of the Governing Board or Body, has been convicted or paid any fine, or has received a deferred sentence or withheld judgment, or has suffered the forfeiture of a bond for failure to appear, or has completed any sentence of confinement:
a. That within three (3) years immediately preceding the date of filing the application, the applicant has not been convicted of the violation of any law of the State, any other state, or of the United States, regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquors, or, within said time, suffered the forfeiture of a bond for failure to appear in answer to charges of any such violation;
b. That within five (5) years immediately preceding the date of filing the application, the applicant has not been convicted of any felony or paid any fine or completed any sentence of confinement therefor within said time;
c. That within three (3) years next preceding the date of filing said application, the applicant has not had any license provided for herein, or any license or permit issued to the applicant pursuant to the law of this State, or any other state, or of the United States, to sell, manufacture, transport or possess alcoholic beverages or intoxicating liquors, revoked;
5. Has engaged in the operation, or interests therein, or any of its employees, officers or members of its Governing Board or Body has been so engaged in the operation, or interests therein, of any place for the purpose of prostitution or who have been convicted of any crime or misdemeanor opposed to decency or morality;
6. Has had a license revoked by this City, the State, or any city or county of this State; was a member of a partnership or association whose license has been revoked by this City, the State, or any city or county of this State; was an employee, officer or member of the Governing Board, or one of the principal stockholders of a corporation licensed to sell alcoholic beverages at retail and whose license has been revoked by this City, the State or any city or county of this State.
B. Partners, Members: The affirmative showing required with respect to qualifications of an applicant shall also be required to be made with the respect to each partner of a partnership applicant and to each incumbent officer, director or member of the Governing Board or Body 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. (1952 Code § 5-05-05; amd. 2019 Code)