A. Application: All businesses desiring to sell alcohol must submit to the city an application for an alcohol business license, which is included on the Farr West City business license application form. All portions of said application shall be completed in full. The completed application and all attachments, together with the license fee, shall be submitted at one time; no partial submittals shall be accepted. The application shall be filed with the city recorder.
1. The city council is hereby empowered to change, modify or amend the city alcoholic beverage license application, as set forth in this chapter, by resolution duly presented and voted upon by said council.
B. Criminal Background Check: For the initial license, in addition to the written application, each applicant for an alcohol business license under this chapter will provide the city with a current (6 months) criminal background check on said applicant.
1. Partnerships: If the applicant is a partnership, the application shall provide the information required for each partner and a current (6 months) criminal background check for each partner.
2. Corporations: If the applicant is a corporation, the application shall provide the information required for each director and officer of the corporation and current (6 months) criminal background check on each director and officer.
C. Investigation Of Applicant: The city recorder shall cause an examination to be made of all applications and investigate all applicants for licenses under this chapter. Following such examination and investigation, the recommendations of the city recorder shall be made in writing to the city council.
D. Qualifications Of Applicants:
1. No license shall be granted to or renewed for any retailer to sell alcohol within the municipality unless he/she is of good moral character, over the age of twenty one (21) years, and a citizen of the United States. If the applicant is a partnership, each partner or manager shall be a citizen of the United States; and if a corporation, it shall be a domestic corporation or foreign corporation which has qualified to do business in the state of Utah, and each officer and director shall be a citizen of the United States.
2. No license shall be issued to or renewed for any person who has been convicted of a felony or who has pleaded guilty to or has forfeited his bail on a charge of having committed a felony, or who has previously had any liquor or beer license permanently revoked by any licensing authority.
3. No license shall be issued to or renewed for any person who, within six (6) months prior to application, has violated any provision of any law of the state or any provision of the ordinances of this municipality relating to intoxicating liquors or alcoholic beverages, or has violated laws or ordinances against keeping a gambling or disorderly house, and said prohibition shall apply whether the person has been convicted, pleaded guilty to or has forfeited his bail on a charge of having violated any such law or ordinance; nor shall a license be issued to or renewed for any person whose license has been suspended or temporarily revoked within said six (6) month period. No partnership shall have its annual license renewed unless it has on file with the recorder/clerk a current list of its partners and managers, and no corporation shall have its annual license renewed unless it has on file with the recorder/clerk a current list of its officers, directors and stockholders who own twenty percent (20%) or more of its stock.
E. Considerations By City Council: In determining whether to grant an alcohol business license to any applicant, the city council shall give consideration to the following:
1. The locality and neighborhood within which the proposed licensed premises will be located and the prospective impact of the same upon such locality and neighborhood.
2. The proximity of the proposed licensed premises to existing licensed premises.
3. The extent of present or anticipated tourist traffic within the area of the proposed licensed premises.
4. The proximity of the proposed licensed premises to any school, church, library, public playground or park.
5. The extent to which the application makes a full, complete and candid disclosure of all information required thereby.
6. The integrity, character and reputation of the applicant, its partners, directors, trustees, officers, lessors, managers and operators.
7. The business acumen and experience of the applicant, its partners, directors, trustees, officers, lessors, managers and operators.
8. The prospective impact of the licensed premises upon vehicular traffic, congestion and parking.
9. The number of full service restaurant, limited restaurant and off premises beer licenses that exists in the city.
10. Whether the granting of the requested license is in the greatest public interest and in the interest of the general health and welfare of the city's residents.
11. Such other facts or circumstances that may be considered material. (Ord. 2016-07)