Sec. 6-65Qualifications for license

No alcoholic beverage license required by the provisions of this chapter shall be issued to any person or for any location unless and until it has been successfully demonstrated to the satisfaction of the city council that:

(1) Such person, or the person who shall actually and actively be in charge and management of the day to day operation of the business in which such license shall be utilized is a citizen of the United States of America;

(2) Such person by reason of such person's business experience, financial standing, moral character, mental capacity, physical capacity, trade associations, record of arrest, and reputation in communities in which he has lived is, in the opinion or the city council, likely to operate the business in which the license will be utilized in conformity with federal, state and local laws, ordinances, rules, regulations, and requirements, including particularly the provisions of this chapter and the laws, rules and regulations of the state and the United States relative to the manufacture, sale, and distribution of alcoholic beverages, and, in making such determination, the city council shall, in addition to the other and further provisions of this section, consider all information that would be considered by the city council if this person was being denied a renewal license pursuant to the requirements of this article or if this person was having his license suspended or revoked pursuant to the requirements of sections of this article; provided further that no license shall be issued to or for:

a. Any person whose business in which the license will be utilized is conducted by a manager or agent unless such manager or agent possessed and meets all of the qualifications required hereunder for the holder of an alcoholic beverage license and would not be prohibited from being the holder of such a license;

b. A partnership unless all partners, members and managers of such partnership, as well as the manager of the business in which the license shall be utilized, possess and meet all of the qualifications for the holder of an alcoholic beverage license and would not be prohibited from being the holder of such a license;

c. A corporation unless all officers thereof, all directors thereof and all shareholders thereof who shall either directly or beneficially as such word is defined and utilized in the Internal Revenue Code of the United States and regulations issued pursuant thereto own more than 20 percent of the outstanding shares of stock thereof, as well as the manager of the business in which the license will be utilized, possess and meet all of the qualifications for the holder of an alcoholic beverage license and would not be prohibited from being the holder of such a license;

d. Any person who has been convicted, has entered a plea of nolo contendere or has forfeited a bond with respect to any felony within ten years prior to the filing of any such application or with respect to any misdemeanor within five years prior to the filing of any such application including particularly but not being limited to those offenses involving force or violence, prostitution, gambling, or tax law violations in the event that such conviction, plea or bond forfeiture tends to indicate, in the opinion of the city council, that the applicant may not maintain or operate the business in which the alcoholic beverage license sought by the applicant would be utilized in conformity with federal, state or local laws, rules and regulations. The terms "felony" and "misdemeanor" as used in this subsection shall include the violation of any criminal law of the United States of America, the state, or any other state of the United States of America, provided that the term "misdemeanor" shall not include those violations; which are commonly referred to as "traffic violations." The term "conviction" as used in this subsection shall include an adjudication of guilt, plea of guilty, a plea of nolo contendere or the forfeiture of a bond by a person charged with a crime. Notwithstanding the foregoing, the city council, in its sole discretion, may decide to authorize the issuance of a license to a person who has in the past been convicted of, plead guilty to, entered a plea of nolo contendere to, or forfeited a bond on any crime when, after a thorough investigation of all the facts including parole or probation officer's reports, judge's recommendations, and any other evidence bearing on the character or the applicant, it has determined, in the sole discretion of the city council, that such action is in keeping with the ends of justice and the public interest and welfare;

e. Any person who has been convicted of, has entered a plea of nolo contendere to, or forfeited a bond to any charge of violation of any state, federal, or local law involving the manufacture, sale, distribution, or possession of alcoholic beverages, contraband, or any "controlled substances" as such term is utilized under laws of the state, or any other substance, the control or possession of which is controlled or prohibited under laws of the state or the United States of America, or any other state of the United States. The term "conviction" shall include an adjudication of guilt, plea of guilty, a plea of nolo contendere or the forfeiture of a bond by a person charged with a crime. Notwithstanding the foregoing, the city council, in its sole discretion, may decide to authorize the issuance of a license to a person who has in the past been convicted of, plead guilty to, entered a plea of nolo contendere or forfeited a bond on any crime when, after a thorough investigation of all the facts including parole or probation officer's reports, judge's recommendations, and any other evidence bearing on the character of the applicant, it has determined, in the sole discretion of the city council, that such action is in keeping with the ends of justice and the public interest and welfare;

f. Any person who as either the previous holder of any alcoholic beverage license issued by any authority, or as a party interested in any business in which any alcoholic beverage license issued by any authority was utilized, either conducted, or allowed the conduct of, the business with respect to which such license was issued in such a manner as to cause, in the opinion of the city council, greater than normal police activity, observation or inspection in order to prevent the violation of any law or regulation either relating to such license or the business associated therewith or in order to maintain public order;

g. Any location not suitable therefor, in the opinion of the city council, because of either traffic congestion or the general character of the neighborhood or by reason of the effect which the utilization of such license at such location would have upon adjacent and surrounding properties or upon adjacent neighborhoods;

h. Any location for which there is an unpaid or unsatisfied tax or other financial obligation due to the city which is not then the subject of appeal or litigation;

i. Any person who has not attained the age of 21 years;

j. Any person who either held any alcoholic beverage license issued by any authority which was revoked by such authority within a one-year period immediately prior to the date of the filing of an application or was a party interested in any business in which any alcoholic beverage license issued by any authority was revoked by such authority within the one-year period prior to the date of the filing of an application;

k. Any location that is within 100 yards, as measured in a straight line from the nearest point on the property which will be the location of the business in which the alcoholic beverage license will be utilized to the nearest point on the property upon which is located a church, school, college, or alcohol or drug treatment center operated by any governmental agency, with the terms "school" and "college" as used in this subsection meaning those institutions which are both (i) operated either by a governmental or church entity; and (ii) are engaged in courses of instruction which are commonly taught in public primary or secondary schools or college in the state;

l. Any location at which the utilization of the licensee would cause or create any violation of the zoning ordinance of the city or of the building code or fire code of the city;

m. Any location at which an alcoholic beverage license has previously been suspended or revoked by either the city or the state department of revenue and where, in the opinion of the city council, there exists the likelihood that the utilization of such license at such location would cause or necessitate greater than normal police activity, observation or inspection in order to either prevent violation of laws and regulations relating to such location or to maintain public order, due to the history of either (i) violations of the provisions of this chapter or of the laws, rules and regulations of the state relative to alcoholic beverages by the holder of the previous license at such location or agents, servants or employees thereof; or (ii) activities or conduct of patrons of the business in which such previous license was utilized at such location, all as compared to the locations of other licenses, or would cause or tend to cause, in the opinion of the city, council, greater than normal community problems or conflict as compared to the locations of other licenses;

n. Any location at which an alcoholic beverage license has previously been suspended or revoked by either the city or the state department of revenue and where, in the opinion of the city council, problems associated with the utilization of a prior alcoholic beverage license at such location were such that it would not be in the best interest of the public health, safety or welfare to grant any other alcoholic beverage license for such location;

o. Any person or any location with respect to which the granting or utilization of a license would constitute a violation of laws, rules or regulations of the state; or

p. Any person with respect to whom information is required under provisions of this chapter who has not paid or satisfied any tax or other financial obligation due to the city which is not then the subject of appeal or litigation.

(3) In addition to the other qualifications set forth herein, an applicant for a retail distilled spirits license must meet all the requirements of either the following subsection a. (restaurant), subsection b. (licensed alcoholic beverage caterer), subsection c. (private club), or subsection d. (sports bar):

a. No license will be issued unless the license applicant likewise operates a restaurant upon the proposed licensed premises and such restaurant:

1. Sells food prepared, served and consumed on the premises; and

2. Such sales of food prepared, served and consumed on the premises constitutes at least 50 percent of the gross income of all food and beverage sales on the premises. The term "gross income" shall not include tips or gratuities which may be added to the base food bill; and

3. Has permanent seating capacity at tables and booths, not counting bar stools, for at least 30 persons; and

4. Meets all of the definitional requirements of "restaurant" set forth in section 6-1 of this chapter.

b. No license will be issued unless the license applicant is a food caterer that:

1. Holds a valid license from the city authorizing such applicant to sell alcoholic beverage by the drink for consumption on the premises; and

2. Sells food prepared, served and consumed on either the premises or off-premises at an authorized catered function; and

3. Such sales of food prepared, served and consumed on the premises or off-premises at an authorized catered function constitutes at least 50 percent of the gross income of all food and beverage sales of the food caterer. The term "gross income" shall not include tips or gratuities which may be added to the base food bill; and

4. Meets all of the requirements set forth in article VI of this chapter.

c. No license will be issued unless the license applicant likewise operates a food service facility upon the proposed licensed premise which is a private club and such private club:

1. Sells food prepared, served and consumed on the premises and such food sales constitute at least 50 percent of the gross income of all food and beverage sales on the premises. The term "gross income" shall not include tips or gratuities which may be added to the base food bill; and

2. Meets all the definitional requirements of "private club" set forth in section 6-1 of this chapter.

(4) No license shall be issued to a sports bar unless it meets all the definitional requirements of "sports bar" as defined in section 6-1 of this chapter.

History: (Ord. No. 2023-3, § I(Exh. A), 6-1-2023)