A license under the provisions of this article may be issued by the City Manager to any person who submits an application therefor, accompanied by a license fee and, where required, a bond, stating under oath:
(a) The name and residence of the applicant, how long he has resided there, that he has been a resident of the State for a period of two years next preceding the date of his application, that he is eighteen years of age, and, if a firm, association, partnership or corporation, the residence of the members or officers for a period of two years next preceding the date of such application; provided, that if any person applies for a license as a distributor, such person, or in the case of a firm, partnership, association or corporation, the members or officers thereof, shall state under oath that he or they have been bona fide residents of the State for four years next preceding the date of such application;
(b) The place of birth of applicant and that he is a citizen of the United States and, if a naturalized citizen, when and where naturalized; and if a corporation, organized or authorized to do business under the laws of the State, when and where incorporated, with the name and address of each officer; that each officer is a citizen of the United States and a person of good moral character; and if a firm, association or partnership, that each member is a citizen of the United States, and if a naturalized citizen, when and where naturalized, each of whom shall qualify and sign the application; provided, however, that the requirements as to residence shall not apply to a Class B retailer’s license, but the officer, agent or employee who shall manage and be in charge of the licensed premises shall possess all the qualifications required of an individual applicant for a retailer’s license, including the requirements as to residence;
(c) The particular place or location for which the license is desired and a detailed description and whether said place or location has been occupied by an establishment that within the twelve (12) consecutive months preceding the date of application been licensed under Article 751
, Article 753
, Article 765
or Article 767
of the Fairmont City Code.
(d) The name, address and telephone number of the owner of the building and, if the owner is not the applicant, that such applicant is the actual and bona fide lessee of the premises;
(e) That the place of business or building in which it is proposed to do business conforms to all laws of health and fire regulations applicable thereto, and is a safe and proper place or building, and is not within 300 feet of any school or church, measured from front door to front door, along the street or streets; provided, that this requirement shall not apply to a Class B licensee, or to any place now occupied by a beer license, so long as it is continuously so occupied; provided, however, that the prohibition against locating any such proposed business in a place or building within 300 feet of any school shall not apply to any college or university that has notified the Commissioner, in writing, that it has no objection to the location of any such proposed business in a place or building within 300 feet of such college or university;
(f) That the applicant has never been convicted of a felony, or a violation of any liquor laws, either federal or state;
(g) That the applicant is the only person in any manner pecuniarily interested in the business so asked to be licensed and that no other person shall be in any manner pecuniarily interested therein during the continuance of the license;
(h) That the applicant has not during the five years next immediately preceding the date of such application had a nonintoxicating beer license revoked, nor during the same period been convicted of any criminal offense.
In addition to the information furnished in any application, the City Manager, or his designee, shall make such additional and independent investigation of each applicant and of the location of said business or the place to be occupied as deemed necessary or advisable to permit the City Manager to make a determination whether the location or place has within the twelve (12) consecutive months immediately preceding the date of application been the location of three (3) or more separate violations of any of the provisions of West Virginia Code §60-8- 20(c), §60-7-12(a)(3), §60-7-12(a)(6), §11-16-18(a)(3), or §60-3A-25(a)(2) or any rule or regulation promulgated by the West Virginia Alcohol Beverage Control Administration and if the location or place has been the site of three (3) or more such separate violations, then no City license under the provisions of this article shall issue. If is for this reason all applications, with license fee and bond, shall be filed thirty days prior to the beginning of any fiscal year, and if the application is for an unexpired portion of any fiscal year, issuance of the license may be withheld for such reasonable time as may be necessary for the completion of the investigation.
For purposes of this section, the City of Fairmont upon receipt of notification of any violation of West Virginia Code §60-8-20(c), §60-7-12(a)(3), §60-7-12(a)(6), §11-16-18(a)(3), or §60-3A-25(a)(2) relative to a particular location will undertake to notify, by any reasonable means, the person or persons identified in subsection (d) above.
(Ord. 1340. Passed 3-28-06.)