A. Filing Of Application; Contents; Payment Of Fee: Every person who shall apply for a city license to sell wine at retail shall tender the license fee to, and file written application for license with, the city clerk. The application shall be on a form prescribed by the city council which shall require such information concerning the applicant, the premises for which license is sought and the business to be conducted thereon by the applicant as the city council may deem necessary or advisable, and which shall enable the city council to determine that the applicant is eligible and has none of the disqualifications for a license, as provided for in this section. Such information shall include the following:
1. The name and place of residence of the applicant and length of his residence within the state; and, if the applicant is a partnership, the names, places of residence and lengths of residence within the state of each partner; and, if the applicant is a corporation or association, the date and place of incorporation or organization, the location of its principal place of business in Idaho and the names and places of residence of its officers, directors or members of its governing board, and of the person who manages or will manage the business of selling wine at retail.
2. The particular place for which the license is desired, designating the same by a street and number, if practicable, or by such other apt description as definitely locates such place, and the name of the owner of the premises for which license is sought.
B. Other Requirements: The application shall affirmatively show:
1. That the applicant is a bona fide owner of the business which will be engaged in the sale of wine at retail and with respect to which license is sought.
2. That the condition of the place or building wherein it is proposed to sell wine at retail conforms to all laws and regulations of the state and to the ordinances of the county and city applicable thereto relating to public health and safety and to the zoning ordinances of the city applicable thereto.
3. That there is no stamp or permit outstanding and in force which has been issued to any person by the United States government for the premises for which license to sell wine at retail is sought, which stamp or permit denotes payment of any special tax imposed by the United States government on a retail dealer in liquor or wines, unless the premises are premises for which a retail license for sale of liquor by the drink, issued under the provisions of Idaho Code title 23, chapter 9, is in force and effect.
4. That the individual applicant, or each partner of a partnership applicant, is a citizen of the United States; or, with respect to a corporation or association, that 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 of selling wine at retail is a citizen; further, that such individual applicant, at least one of the partners of the partnership applicant, and the manager of the corporation or association applicant, shall have been a bona fide resident of the state for at least thirty (30) days prior to the date of application.
5. That the applicant, if an individual, is not less than nineteen (19) years of age.
6. That, within three (3) years immediately preceding the date of filing the application, the applicant has not been convicted of the violation of any law of the state of Idaho, any other state, or of the United States, regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquors, or, within said time, suffered the forfeiture of a bond for failure to appear in answer to charges of any such violation.
7. That, within five (5) years immediately preceding the date of filing the application, the applicant has not been convicted of any felony or paid any fine or completed any sentence of confinement therefor within said time.
8. That, within three (3) years next preceding the date of filing the application, the applicant has not had any license provided for in this chapter, or any license or permit issued to the applicant pursuant to the laws of this state or any other state, or of the United States, to sell, manufacture, transport, or possess alcoholic beverages or intoxicating liquors, revoked.
C. Applicability To Officers Of Partnerships And Corporations: The affirmative showing required with respect to an applicant under subsections B5, B6, B7 and B8 of this section shall also be required to be made with respect to each partner of a partnership applicant and to each incumbent officer, director or member of the governing board of a corporation or association applicant, and to each person then employed by an applicant whose duties include the serving or dispensing of wine. (1991 Code § 5.12.040)
D. Swearing Before Notary Public: The application must be subscribed and sworn to by the individual applicant, or by a partner of a partnership applicant, or by an officer or manager of a corporation or association applicant, before a notary public or other person authorized by law to administer oaths. (1991 Code § 5.12.050)