(A) Form.
(1) Every person who shall apply for a city license or permit to sell beer at retail shall tender the license fee to, and file written application for license or permit with, the City Clerk/Treasurer.
(2) The application shall be on a form prescribed by the City Clerk/Treasurer, which shall require such information concerning the applicant, the premises for which the license is sought, and the business to be conducted thereon by the applicant as the Clerk/Treasurer may deem necessary or advisable, and which shall enable the Clerk/Treasurer to determine that the applicant is eligible and has none of the disqualifications for a license, as provided for in this section.
(B) Required information. Such information shall include the following:
(1) The name and place of residence of the applicant and length of his or her 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 state, the name of its registered agent, 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 beer at retail; and
(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.
(C) Qualifications. The application shall affirmatively show:
(1) The applicant is the bona fide owner of the business which will be engaged in the sale of beer at retail and with respect to which a license is sought;
(2) The condition of the place or building wherein it is proposed to sell beer 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) 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 a license to sell beer 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 said premises is a 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) The individual applicant, or each partner of a partnership applicant, or a corporation applicant or an association applicant, is qualified to do business within the state;
(5) The applicant, if an individual, is not less than 19 years of age;
(6) Within three 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 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) Within five 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; and
(8) Within three years next preceding the date of filing said application, the applicant has not had any license provided for herein, or any license or permit issued to the applicant pursuant to the law of this state, or of any other state, the United States, or the city, to sell, manufacture, transport, or possess alcoholic beverages or intoxicating liquors, revoked.
(D) Partnership, corporation, or association. The affirmative showing required with respect to an applicant under divisions (C)(5) through (C)(8) above 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.
(E) Affirmation. The application must be subscribed and sworn to by the individual applicant, or by a partner of a partnership applicant, or by an officer, agent, or manager of a corporation or association applicant, before a notary public or other person authorized by law to administer oaths.
(F) Inability to affirm; false statement.
(1) If an applicant shall be unable to make any affirmative showing required in this section, or if an application shall contain a false material statement knowingly made, the same shall constitute a disqualification for license and the license shall be refused.
(2) If license is received on any application containing a false material statement knowingly made, such license shall be revoked.
(3) If, at any time during the period for which the license is issued, a licensee becomes unable to make the affirmative showings required by this section, the license shall be revoked, or, if disqualification can be removed, the license shall be suspended until the same shall be removed.
(4) The procedure to be followed upon refusal, revocation, or suspension of a license as herein provided for shall be in accordance with the procedure set forth in this subchapter.
(G) Expiration. All licenses issued hereunder shall expire at 1:00 a.m. on January 1 of the following year and shall be subject to renewal upon proper application.
(Prior Code, § 3-2B-4)