A. Upon completion of the investigation, the Sheriff shall immediately refer the application to the board together with its findings and all facts upon which the findings are based. The board shall then place this item on its next regular meeting at which the Sheriff's Department shall report its findings from the completed investigation. The application may be acted upon by the board at any regular or recessed regular meeting thereof or at any special meeting.
B. An application for a liquor license, finding of suitability, or other approval by the board constitutes a waiver of confidentiality and privacy as to those matters regarding past and present associations, criminal history, including sealed and expunged records, sources of funds, and other matters disclosed or revealed during the investigation. Such waiver permits interrogation of the applicant at any meeting of the board, concerning any matters contained in the application or information obtained in the course of an investigation. However, information of a confidential nature or showing the applicant's finances, net worth, earnings, or revenues that is submitted as part of the application shall be maintained by the Sheriff in a confidential file, available only to law enforcement officers involved in the investigation, and the board, with release permitted pursuant to a subpoena or other order of a court of competent jurisdiction or to a duly authorized agent of any governmental agency acting pursuant to the agency's authority and function.
C. It is unlawful for any person to disclose any item of personal history, financial records, audits, criminal history, or any other item contained in the investigation file to any person except in the course of the necessary administration of this chapter, or upon a lawful order of a court of competent jurisdiction. Any person violating this section shall be guilty of a misdemeanor and may be punished by a fine of five hundred dollars ($500.00), or up to six (6) months imprisonment, or by both fine and imprisonment.
D. The board may, in its discretion, and if it is satisfied that the applicant is eligible as provided herein, approve a license, make a finding of suitability, or take such other action the board deems appropriate by a majority vote of the members present. Each applicant must, if required by the board, be present at the board meeting at the time the application, finding of suitability, or other requested approval or action is presented to the board.
E. In its discretion, the board may deny, limit, restrict, or condition a license, deem an applicant unsuitable, or reject a request for approval or other action. Grounds for denial of a license or determination of unsuitability include, but are not limited to, grounds for disciplinary action as set forth in this chapter. Any person whose license or approval for suitability or request for action by the board has been denied, canceled, or revoked may not reapply for the license, finding of suitability, or other request for approval for a period of one hundred eighty (180) days following the date of such action.
F. All licenses issued and renewed pursuant to this chapter are subject to the condition that the liquor establishment may be inspected by investigators of the board or Sheriff for the purpose of investigation, inspection, or audit, and licensees shall not refuse such right to enter, investigate, inspect, or audit. (Ord. 2008-04, 12-15-2008, eff. 7-1-2009)