A license may be issued by Council to any person who submits a written application therefor, accompanied by the license fee, stating under oath:
(a) The name and residence of the applicant, how long he has resided there, that he has been a resident of the state for a period of two years preceding the date of his application, that he is twenty-one years of age, and if a firm, association, partnership or corporation, the residence of the members or officers for a period of two years next preceding the date of such application; provided, that if any person applies for a license as a distributor, such person, or in the case of a firm, partnership, association or corporation, the members or officers thereof, shall state under oath that he or they have been bona fide residents of the State for four years next preceding the date of such application.
(b) The place of birth of applicant and that he is a citizen of the United States and, if a naturalized citizen, when and where naturalized; and, if a corporation organized or authorized to do business under the laws of the State, when and where incorporated, with the name and address of each officer; that each officer is a citizen of the United States and a person of good moral character; and if a firm, association or partnership, the place of birth of each member of the firm, association or partnership, that each member is a citizen of the United States and if a naturalized citizen, when and where naturalized, each of whom must qualify and sign the application; provided, that the requirements as to residence shall not apply to the officers of a corporation which shall apply for a Class B retailer's license, but the officer, agent or employee who shall manage and be in charge of the licensed premises shall possess all the qualifications required of an individual applicant for a retailer's license, including the requirements as to residence.
(c) The particular place for which the license is desired and a detailed description thereof.
(d) The name of the owner of the building and, if the owner is not the applicant, that such applicant is the actual and bona fide lessee of the premises.
(e) That the place or building in which it is proposed to do business conforms to all the laws of health and fire regulations applicable thereto and is a safe and proper place or building.
(f) That the applicant has never been convicted of a felony or a violation of the liquor laws, either federal or state.
(g) That the applicant is the only person in any manner pecuniarily interested in the business so asked to be licensed and that no other person shall be in any manner pecuniarily interested therein during the continuance of the license.
(h) That the applicant has not during one year immediately preceding the date of the application had a nonintoxicating beer license revoked, nor during the same period been convicted of any criminal offense.
(i) The applicant for a beer license under the provisions of this article shall equip the premises proposed to be licensed, with water flushed toilets complying with the standards now or hereafter set up by the State Department of Health and shall maintain the same in a sanitary condition. Separate toilets for each sex, properly labelled, shall be conveniently provided; provided that Council shall have the discretion to waive this provision as to toilets where in the opinion of Council, the sale of beer is only incidental to the applicant, such as in the case of grocery stores, confectionaries, restaurants, etc.
The foregoing provisions and requirements are mandatory prerequisites for the issuance of a license, and in the event any applicant fails to qualify under the same, license shall be refused. In addition to the information furnished in any application, Council may make or cause to be made such additional and independent investigation of each applicant, and of the place to be occupied, as is deemed necessary or advisable; and the issuance of a license may be withheld for such reasonable time as is necessary for such investigation. Council may refuse a license to any applicant under the provisions of this article if it shall be of the opinion that the applicant is not a suitable person to be licensed; or that the place to be occupied by the applicant is not a suitable place; or that the license should not be issued, for reason of conduct declared to be unlawful under the provisions of this article.
(Passed 3-23-54.)