§ 6-42. Issuance prohibitions.

(a)

It shall be unlawful to issue a license to:

(1)

A person or corporation applying for a beer and/or wine license who is not a resident of the state and who does not have a permanent place of business within the city limits, or a distilled spirits license to a person who has not been a resident of the city for a period of 12 months prior to making his application for a license and to a corporation who does not have a principal or permanent place of business in the city.

(2)

A person who has been convicted of a felony under state statutes or the statutes of any other state within five years of the date of application.

(3)

A person whose place of business is conducted by an employee, manager or agent unless the manager, agent or employee possesses the same qualification as the licensee, except as to the requirements of subsection (a)(1) of this section.

(4)

A person who is not of good moral character.

(5)

A person who is deemed to have insufficient mental capacity.

(6)

A person who has been dishonorably discharged from the armed services of the United States.

(7)

Any person or corporation with either officers, directors or shareholders, who, as a previous holder of a license to sell alcoholic beverages, has violated any law, regulation or ordinance relating to such business within a five-year period preceding the date of the application under this chapter.

(b)

No person, firm or corporation shall be granted a beer, wine or distilled spirits license unless it shall appear to the satisfaction of the city council that such persons, partners in the firm, officers and directors of the corporation shall be of good moral character, and in no event shall any license be granted to any person or persons or officers or directors of any such corporation who have been convicted or have pleaded guilty or entered a plea of nolo contendere to any crime involving moral turpitude, lottery or illegal possession or sale of narcotics or alcoholic beverages within a period of ten years immediately prior to the filing of such application. At the time an application is submitted for a retail or wholesale beer, wine or distilled spirits license, the applicant shall, by a duly sworn affidavit, certify that neither he, nor any of the other owners of the retail or wholesale establishment, nor the manager of such establishment has been convicted or has pleaded guilty or entered a plea of nolo contendere to any crime involving moral turpitude, lottery or illegal possession or sale of narcotics or distilled spirits within a period of ten years immediately prior to the filing of such application. Should any applicant, partner or officer, after a license has been granted, be convicted or plead guilty or entered a plea of nolo contendere to a crime involving moral turpitude or the violation of any laws regulating the sales of narcotics, wine, beer or distilled spirits, or the lottery laws of this state, such license shall be immediately revoked and cancelled. Should any employee used in the sale or dispensing of beer, wine or distilled spirits after a license has been granted be convicted or plead guilty or entered a plea of nolo contendere to a crime involving moral turpitude or the violation of any laws regulating the sale of narcotics, wine, beer or distilled spirits, or the lottery laws of this state, and the crime was committed in the course of the employee's employment, on or off the premises of the licensee, and the licensee knew or should have known that the crime had been committed, and did not immediately report the crime to the proper police authorities, such license shall be subject to be revoked and cancelled.

(Ord. of 9-12-95, § VII)