A license under the provisions of this article may be issued by the City Manager to any person who submits an application therefor. Each such licensee shall make an application upon such form as may be prescribed by the City Manager, or his designee, which form shall include:
(a) The names of the applicant.
(b) If such applicant is an unincorporated association, the names and addresses of the members of the governing board.
(c) If such applicant is a corporation, the names and addresses of its officers and directors.
(d) The place or location at which such applicant will conduct his operations and whether the same is owned or leased by the applicant and if leased, the name, address and telephone number of the owner or lessor and whether said place or location has 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.
(e) The number of members of the applicant.
(f) The names of any national organizations with which the applicant is affiliated and the nature of the affiliation.
(g) Such other information as the City Manager, or his designee, may require, which shall include, but not be limited to, the criminal records, if any, of each member of the applicant’s governing board and its officers and directors convicted of a felony or a crime involving moral turpitude.
In addition to the above information furnished in any application, the City Manager, or his designee, shall make such additional and independent investigation of each application 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 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 of the West Virginia Beverage Control Administration promulgated thereunder 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. It is for this reason that all applications 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. 1341. Passed 3-28-06.)