A. Citizenship: Every licensee hereunder shall be a bona fide citizen of the United States or a legal resident alien. If a partnership, each partner shall be a bona fide citizen or a legal resident alien of the United States. If a corporation, it shall be a domestic corporation or a foreign corporation which is qualified to do business in the state, and the corporation shall hold its license through an agent. All employees who will either supervise or personally handle sales of alcohol to the public shall be bona fide citizens of the U.S. or legal resident aliens.
B. Corporations; Agent: A corporation which conforms to the qualifications prescribed by subsection A of this section shall own the entire equitable interest in its license through an agent, provided the agent is otherwise qualified to hold a license under the provisions hereof. The agent shall be subject to the penalties prescribed for any violation of the law relating to alcoholic beverages. Upon the death or resignation or discharge of an agent of a corporation holding a license, the license shall be assigned to another qualified agent selected by the corporation.
C. Prior Violations: No class A beer retail license or class B restaurant business license shall be issued to any person who, within one year prior to application, has violated any provision of a license to sell alcoholic beverages issued by the city or any other governmental agency, or has had such a license revoked. No license shall be issued to any person or corporation in which a partner, a managing agent, a manager, an officer, a director, a stockholder who holds at least twenty percent (20%) of the total issued and outstanding stock of the applicant corporation, or a manager or member who owns at least twenty percent (20%) of the applicant limited liability company, or an employee who will either supervise or personally handle sales of alcohol to the public who, within five (5) years prior to application, has:
1. Been convicted of or plead guilty to a felony under any federal or state law;
2. Violated any federal or state law or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic beverages;
3. Been convicted of or plead guilty to any crime involving moral turpitude;
4. On two (2) or more occasions within the five (5) years before the day on which the license is granted, plead guilty to or been convicted of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug;
5. Had a revocation or nonrenewal of any alcoholic beverage license of said person.
D. Criminal History: The city clerk/recorder shall request and receive criminal history record information from the applicant for all partners, officers, directors, managing agents, members, joint ventures, shareholders holding any interest greater than twenty percent (20%), and all employees who will either supervise or personally handle sales of alcohol to the public, within thirty (30) days after receiving such application, and the law enforcement agency shall add thereto its recommendation as to the granting or denying of said application.
E. List Of Officers On File: Each corporation shall provide a list of officers, directors, managing agents, members, partners, stockholders of twenty percent (20%) or more, and all employees who will either supervise or personally handle sales of alcohol to the public, to the city upon application and with annual license renewal, and at all other times when there is a change in said list.
F. Age: All applicants and any partner, officer, director, managing agent, member or stockholder who holds at least twenty percent (20%) of the stock of the applicant corporation, and all employees who will either supervise or personally handle sales of alcoholic beverages to the public, shall be over the age of twenty one (21) years. (Ord. 2007-05, 1-17-2007)