§ 6.06.030. Application for after hours establishment permit—Requirements and conditions.

A.

The owner of any business desiring to operate an after hours establishment, as defined in Section 6.06.010, shall file in person with the department a written application, under oath, for a permit. No permit shall be issued until the department has approved the written application, which shall contain questions necessary to the determination of whether the applicant has met all laws of this state and all provisions of this Code and other ordinances of the metropolitan government then in effect. The form of such application shall be prescribed by the department and approved by the metropolitan department of law.

B.

To be eligible for a permit, the applicant shall provide all of the following information in the application:

1.

Name of applicant;

2.

Name of applicant's business;

3.

Location of business by street address;

4.

All persons, firms, corporations, limited liability companies, partnerships, joint-stock companies, syndicates, or associations having at least a five percent interest in the applicant establishment;

5.

Identity and address of a representative to receive annual tax notices;

6.

Such other information, relevant and material to the protection of the health, safety and morals of the inhabitants of the metropolitan government area as may be required by the department, in its discretion.

C.

An applicant or permit holder shall amend or supplement the information provided in its application promptly if a change in circumstances affects the responses in its application.

D.

Permits shall be issued to the owner of the business, whether a person, firm, corporation, limited liability company, partnership, joint-stock company, syndicate, or association.

E.

The applicant shall submit an affidavit at the time the application is filed stating that:

1.

No person, firm, corporation, limited liability company, partnership, joint-stock company, syndicate, or association having at least a five percent interest in the establishment has been convicted of any crime involving moral turpitude within the past ten years; and

2.

The applicant has not had a beer permit or license for the sale of intoxicating beverages suspended or revoked within the past five years. If the department deems it necessary, the department may submit the necessary information of each applicant for an after hours establishment permit to the police department for the purpose of ascertaining whether the applicant has ever been arrested or convicted of any offense which would prohibit the issuance of a permit. In the alternative, the police department may provide the department with computer access to their records revealing the required information and provide assistance so that the department can conduct its own checks.

(Ord. BL2008-116 §§ 1, 2, 2008; Ord. BL2007-1546 § 1, 2007)