23

Section 3-23 Application forms; license not to issue under certain conditions.

(a) All applications for licenses shall be made on forms furnished the applicant by the City Clerk and shall indicate, along with all reasonable information necessary to complete the form, which of the following is to be considered for licensing of the applicant to conduct:

(1) Retail package beer;

(2) Retail beer--consumption on the premises;

(3) Retail package wine;

(4) Retail wine--consumption on the premises;

(5) Package liquor;

(6) Liquor pouring.

(b) Upon approval by the City Council of an original or renewal application for license of one (1) or more of the above types of sales of alcoholic beverages, such sales of alcoholic beverages may be made by the applicant after a license is issued for all or the remaining part of the calendar year in which the license is issued unless the license is revoked or suspended for due cause as provided in section 3-25. All applications for renewal of licenses to sell alcoholic beverages shall be filed with the City Clerk no later than 5:00 p.m. on December 31st of the year preceding the year for which the application renewal is made. The annual fee for the license sought to be renewed shall be paid the City at the time the application for renewal is filed. Failure of any holder of a license to sell alcoholic beverages to file the application for renewal by the date and time specified shall render the license void, effective the last legal hour on December 31st of that year for such sales. In order to sell alcoholic beverages a license holder who has allowed the license to lapse shall file a new application for license as if a license had never been held and pursuant to the provisions of this article. Where an application for renewal is timely filed as provided in this article, the license holder shall be permitted to continue selling alcoholic beverages under the previous year's license until the City Council has acted upon the license holder's application for renewal. Wholesale sales of alcoholic beverages in the City by wholesalers licensed by the state are hereby declared legal, subject to the right of the City to charge a wholesaler for violation of state law or regulation, and to request a hearing thereon before the state revenue commissioner.

(c) No person, or his spouse, who has a direct financial interest in a license for the sale of alcoholic beverages at wholesale shall hold any license or have an interest in any other license issued under the terms of this chapter.

(d) The City Clerk of the City shall cause an inquiry to be made into the records of the City to determine if any applicant or other parties interested in an application have any outstanding taxes or special assessments that are delinquent or any other monies owing to the City. No license shall be issued nor shall a license be renewed until all such debts are paid in full.

(e) All applications required by this chapter shall be investigated by the City police department and the report of investigation presented to the City Council for consideration with the application.

(f) Each applicant for a license to sell alcoholic beverages in the City, who has not heretofore been licensed by the City to sell alcoholic beverages at retail, shall be required to submit to a complete fingerprinting record and test, pursuant to the rules and regulations established by the City from time to time, such fingerprinting record to be used by the City to supplement the information contained on the application and to make available to the City any records of criminal offenses, either federal or state, from other jurisdictions.

(Code 1958, 5-6; Ord. of 3-10-97: Ord. 2-26-07)