A. State, County License Required: An applicant for a license shall possess all of the qualifications necessary to obtain a license from the director of law enforcement of the state, as prescribed by the laws of the state, and maintain such qualifications throughout the period for which such license is issued. The possession of a license regularly issued by the department of law enforcement and the county shall be prima facie evidence of the applicant's qualifications to receive a license hereunder.
B. Applicant Qualifications: The application shall affirmatively show that:
1. The applicant is the bona fide owner of the business which will be engaged in the sale of beer, wine and/or liquor by the drink at retail;
2. The condition of the place or building wherein it is proposed to sell alcoholic beverages conforms to all laws and regulations of the state, the county and the ordinances of the city applicable thereto relating to public health and safety, and to the zoning ordinances of the city;
3. The individual applicant, or at least one partner of a partnership applicant, is a citizen of the United States; or, with respect to a corporation or association, that it is qualified to do business within the state and that the person who is or will be the manager of the corporation's or association's business is a citizen; provided further, that such individual applicant or at least one of the partners of the partnership applicant shall be a bona fide resident of the state for at least thirty (30) days immediately prior to the application;
4. The applicant or at least one of the partners of a partnership, is not less than twenty one (21) years of age;
5. The applicant has not been convicted of any felony or paid any fine or completed any sentence of confinement therefor within five (5) years immediately preceding the date of filing an application; and
6. The applicant has not been convicted of any violation, had revocation of any license provided for herein, or any license or permit issued to the applicant pursuant to the laws of the state relating to the importation, transportation, manufacture or sale of alcoholic beverages within three (3) years immediately preceding the date of filing an application.
C. Sheriff Review; Recommendation: All applications prior to submittal to the city council for approval shall first be reviewed by the county sheriff's department, who will make a recommendation concerning whether the applicant is qualified by setting forth any prior criminal record of the applicant, if any, and recommending whether the license should be granted or whether any conditions should be imposed upon the granting of the license.
D. City Council Decision: All applications received by the city clerk shall be presented to the mayor and city council at their next regular meeting for approval, rejection and/or further consideration. The city council shall grant or deny the application within thirty (30) days of the time it is filed with the city clerk. (Ord. 119, 6-9-2011)