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No new license or renewal or transfer of a license shall be issued to any applicant who:
(1) Is not a bona fide owner or leaseholder of such business, and is not a citizen of the United States, or has not been a bona fide resident of the State for a period of thirty (30) days prior to the date of application; provided, that if the applicant is a partnership, all partners shall be such citizens, and at least one thereof, or the actual active manager therefor, shall have been such resident, and if the applicant is a corporation, such corporation shall be qualified to do business within the State, and the manager of such business premises shall be a citizen of the United States and a resident of the State of Idaho for a period of thirty (30) days prior to the date of application.
(2) Proposes a premises for the sale of liquor, beer or wine that does not conform to the laws and regulations of the State and to the ordinances of the County which are applicable thereto and which relate to public health, safety, and planning and zoning.
(3) Has, or any partner has, or actual manager or officer of whom has:
A. Been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment or completed any sentence of confinement for any felony within five (5) years prior date of making application for any license hereunder.
B. Been convicted of the violation of any law of the State, or of the United States regulations, governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or within two (2) years forfeited or suffered the forfeiture of a bond for their appearance to answer charges to any such violation.
C. Subsequent to the effective date hereof, has been convicted of driving a motor vehicle under the influence of alcohol, drugs or any other intoxicating substances as defined in the jurisdiction in which the judgment was entered within five (5) years prior to the date of the making of the application for license and/or has not paid a fine, completed a sentence and/or probation or parole for said conviction. Provided, however, an applicant shall not be disqualified from being issued a license pursuant to this subsection (3) if the applicant, owner, partner or officer does not have day to day, on site management or employment at the site of the license.
D. Has engaged in the operation, or has interest therein, of any house or place for the purpose of prostitution, or has engaged in the operation of any house or premises within the limits of the County which has been declared and found to have been a moral nuisance as defined by County ordinance or State law.
E. Subsequent to the effective date hereof, been convicted in any jurisdiction or received a withheld judgment for any crime concerning the possession or distribution of any controlled substances.
(4) Has had a similar license revoked by any jurisdiction granting the license and/or had their license revoked by the State of Idaho or the County.
(5) Who is under the age of nineteen (19) years.
(6) Proposes to license a premises for the sale of alcoholic beverages as provided in this section where the distance from the proposed premises from schools, churches, places of worship, residential neighborhoods, and colleges does not comply with title 23, Idaho Code.
(7) Has a bar/tavern/lounge, dance hall, business or other premises where parking lot lighting levels have not been designed, installed and maintained at a level of at least one foot-candle which is defined as a unit measurement of illuminance on a surface at ground level equal to one lumen per square foot and with a 2.0 to 3.0 uniformity ratio (which is defined as a ratio of average foot-candles to minimum foot-candles). Existing parking lot lighting may be maintained at not less than present design levels, but shall be in compliance with this subsection not later than April 30, 1996.
(8) Proposes a premises that is not in compliance with chapter 6, article 1 of this Code.
(9) Submits an application which contains a false material statement knowingly made.
(10) Allows, permits to occur, or does not control conduct on the licensed premises which is a moral nuisance as defined by the laws of the State and/or the ordinances of the County.
(11) Allows or permits the licensed premises or surrounding property pertaining to the licensed premises to be frequented by or fails to exclude from the licensed premises or surrounding property pertaining to the licensed premises intoxicated and/or disorderly persons, or persons convicted of crimes of violence, and/or controlled substances, and/or lewd and lascivious conduct.
(12) Manages or operates the licensed premises and/or surrounding property pertaining to the licensed property in such a way as to be a nuisance by reason of the conduct of employees, patrons, or clientele of the licensed premises, where said employees, patrons, or clientele engage in lewd, violent, or disorderly behavior.
(13) By way of example "surrounding property pertaining to the licensed premises" shall include, but not be limited to, the parking lot or area, alleyways, or sidewalks adjacent to or near the licensed premises that are frequented or used by the employees, patrons, or clientele of the licensed premises or owned or controlled by the owner, operator, person or entity making use of the licensed premises. (Ord. 19-007, 2-25-2019; amd. Ord. 20-008, 5-22-2020)