(A) An application for license under this subchapter shall be made to the Local Liquor Control Commissioner, in writing; signed by the applicant if the applicant is an individual, or by at least two partners if the applicant is a partnership; or by the president and secretary if the applicant is a corporation; the application shall be verified by oath or affidavit, and shall contain the following information:
(1) The name, date of birth and address of the applicant; in case of a partnership, the persons entitled to share in the profits thereof, and in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and if a majority interest of the stock of the corporation is owned by one person or his or her nominee, the name and address of that person;
(2) The citizenship of the applicant, the place of his or her birth, and if a naturalized citizen, the time and place of his or her naturalization;
(3) The character of business of the applicant; and in case of a corporation, the objects for which it was formed;
(4) The length of time the applicant has been in business of that character, or in the case of a corporation, the date when its charter was issued;
(5) The amount of goods, wares and merchandise on hand at the time application is made;
(6) The location and description of the premises or place of business as well as a clear and specific description and diagram to scale of the area
on each floor which is to be operated under the license. All diagrams shall have a scale of one-quarter inch equals one foot. The premises may include an area outdoors provided the area is enclosed as provided for by this subchapter;
(7) A statement whether the applicant has made application for a similar or other license on premises other than described in this application, and the disposition of the application;
(8) A statement that the applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this subchapter, laws of this state or by any other ordinances of this city;
(9) Whether a previous license by any state or subdivision thereof or by the federal government has been revoked, and the reasons therefor;
(10) A statement that the applicant will not violate any of the laws of the state or of the United States;
(11) The name, date of birth and address of the person designated as the manager;
(12) The name and address of the record landowner on which the licensed premises sits; and
(13) Proof that the applicant can secure a policy or policies of insurance issued by a responsible insurance company, and in a form acceptable to the Liquor Commissioner, insuring the licensed premises for “dram shop” liability. The policy or policies shall be in amounts not less than the following:
(a) Bodily injury, fatal or nonfatal, to any one person: $30,000, and to more than one person arising out of any one accident: $100,000;
(b) Injury to means of support of any one person: $30,000; and
(c) Injury to property of any person: $30,000.
(14) Each applicant, owner, and any person of a copartnership or corporation required to sign the application shall execute the following:
(a) A statement, authorizing a police background investigation to verify the information included in the application and releasing the city, its officers, agents and employees from any and all liability which may arise as a consequence thereof.
(b) A statement that he/she has never been convicted of a felony or description of the felony including date of conviction.
(c) A statement that he/she is not disqualified to receive a license by reason of any matter or thing contained in this chapter, laws of this state, or by any other ordinance of the city.
(d) A statement that he/she has never been convicted of any misdemeanor or provide a conviction date and description of each misdemeanor conviction.
(e) A statement whether a previous license granted by any state or subdivision thereof, or by the federal government has been revoked or suspended, and the reasons therefor, and in the case of suspension the length of time.
(f) A statement that he/she will not violate any of the laws of the state, of the United States, or any city ordinance concerning the sale of liquor or the conduct of the place of the place of the business proposed to be licensed.
(15) In addition to the foregoing information, such application shall contain such other and further information as the local liquor commissioner may require by rule or regulation not inconsistent with the laws of this state.
(B) No person shall knowingly furnish false or misleading information or withhold any relevant information on any application for any license, nor knowingly cause or suffer another to furnish or withhold such information on his behalf. Violation of this provision shall be grounds for refusing to issue such a license or for revoking any license so granted.
(C) The licensee must be actively engaged in the retail sale of alcohol within 90 days from the issuance of the liquor license from the city and must remain actively engaged within the licensed term or the license shall automatically expire. The Liquor Commissioner shall have the authority to extend the time for commencing the regular conduct of the business of the retail sale of alcohol for a period not to exceed six months.
(1990 Code, § 3-58) (Ord. 84-940, passed 4-18-1984; Ord. 88-1242, passed 11-7-1988; Ord. 88-1243, passed 11-7-1988; Ord. 16-3530, passed 11-7-2016; Ord. 17-3552, passed 6-19-2017)