A. No retail license to sell alcoholic beverages by the drink will be issued to any applicant who:
1. Has, or any partner who has, or actual manager or officer of whom has:
a. 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 within three (3) years or within three (3) years forfeited or suffered the forfeiture of a bond for their appearance to answer charges for such violation.
b. 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 three (3) 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 parole for such conviction.
c. Engaged in the operation of, or has interest in, any house or place for the purpose of prostitution, or has engaged in the operation of any house or premises within the City limits of Dalton Gardens which has been declared and found to have been a moral nuisance as defined by City ordinances or state law.
d. Been convicted in any jurisdiction or received a withheld judgment for any crime concerning the possession of any controlled substance within five (5) years.
2. Has had a similar license revoked by any jurisdiction granting the license and/or had their license revoked by the State of Idaho or Kootenai County.
3. Allows conduct to occur on the premises which is a moral nuisance as defined by the laws of the State of Idaho and/or the ordinances of the City of Dalton Gardens.
4. Manages and/or operates the licensed premises in such a way as to be a nuisance to surrounding businesses by reason of the conduct of employees or clientele of the licensed premises, where said employees or clientele engage in lewd and/or violent and/or disorderly behavior.
B. No license shall be issued for the sale of alcoholic beverages upon the premises in locations where such sale is prohibited by Idaho Code 23-913. (Ord. 263, 11-7-2019)