A licensee whose business is conducted by a manager or agent, and who acquires, hires, transfers in, promotes, or appoints a new manager, not listed as a manager in the original application for a local liquor license, shall within five days, including Sundays and holidays, of the date the new manager commences his/her duties, submit a completed "new manager's application" to the local liquor commissioner, which application shall contain no less than the following statements and information:
A. The new manager's full name, birth date, address, telephone number, driver's license number, and social security number.
B. An affirmation by attachment of the new manager's signature and the licensee's signature that the new manager has not in the past and will not in the future violate any laws of the state or of the United States, or any ordinance of the village, controlling the sale of alcoholic liquor and the conduct of his business.
C. The new manager shall further affirm by his signature that he/she has never sold, delivered, or given away any alcoholic liquor in violation of any state law, or village ordinance, to a person under the minimum age required to purchase or possess alcoholic liquor.
D. The new manager shall further affirm by his signature that he/she has never been convicted of a felony or class A misdemeanor and is not disqualified to receive a local liquor license by reason of any manner or thing contained in the laws of the state or provisions of this chapter.
E. Arrange for fingerprinting with the village police department of the new manager and provide a money order or cashier's check in the amount of fifty dollars made payable to the village at the time of fingerprinting.
F. Provide the village police department with the new manager's current home address and his addresses for the ten year period prior to his new manager's application, with clear indication of the specific number of years a manager resided at each address.
G. Inform the village police department whether the new manager has ever been known at any time by any other name or names. If the new manager has been known by another name or names, a list of such names shall be submitted to the village police department.
Within fifteen days of his receipt of the new manager's application, the village administrator shall rule whether the new manager is qualified to manage the licensee's operation with respect to the sale of alcoholic liquor. Upon disapproval of any new manager for failure to comply with any of the requirements of this provision, the licensee shall, immediately upon written notification by the village administrator, terminate the new manager's duties with respect to the sale of alcoholic liquors. If the licensee immediately relieves the new manager of his/her duties pursuant to the order of the village administrator and is able to provide for continued management of the licensed premises by any person previously qualified to manage the licensed premises by reason of a prior application, the licensee may continue to sell alcoholic liquor.
If, however, the licensee is unable to provide another person previously qualified to manage the licensed premises pursuant to a prior application, the licensee shall terminate the sale of alcoholic liquor until such times as the village administrator approves a subsequent application for a new manager complying with all the requirements of this section. This section shall in no way be interpreted to preclude the local liquor commissioner from proceeding to hearing for violations of any sections of this chapter, including this section, and the licensee shall further be subject to any and all other penalties that may be imposed pursuant to section 8-5-26 of this chapter as a result of the licensee's failure to comply with this section. (Ord. 3428, 5-14-2012)