§ 7.08.040. Application—Requirements and conditions.

A.

The owner of any business desiring to sell, distribute, manufacture, or store beer within the metropolitan government area may file an application in person, or by any method deemed acceptable by the metropolitan beer permit board, under oath, for a permit. The application shall be filed at least ten days prior to the date of hearing said application. The board may waive this ten-day requirement if it deems it appropriate. No permit shall be issued until the board has approved the 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 board and approved by the metropolitan department of law.

B.

To be eligible for a permit, the applicant shall establish the following:

1.

That no beer will be sold except at places where such sale will not cause congestion of traffic or interference with schools, places of worship, or other places of public gathering, or otherwise interfere with public health, safety and morals; provided however, nothing in this subsection shall apply to places of business that are located in the terminal or main building at public airports serviced by commercial airlines with regularly scheduled flights;

2.

That no sale shall be made to persons under twenty-one years of age;

3.

That no person, firm, corporation, joint-stock company, syndicate, or association having at least a five percent ownership interest in the establishment has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages or any crime involving moral turpitude within the past ten years; and,

4.

That no sale shall be made for on-premise consumption unless the permit so states.

5.

That no person having at least a five percent ownership interest in the establishment has been released from incarceration within the past ten years for conviction of any crime involving moral turpitude. Proof of the date of release from incarceration of any applicant convicted of any crime involving moral turpitude shall be furnished by the applicant to the beer board prior to the consideration of such application. For purposes of this subsection, "moral turpitude" means premeditated murder, all sex related crimes, the illegal sale of Schedule I and II controlled substances, and crimes of fraud or embezzlement.

C.

An applicant shall disclose the following information in the application:

1.

Name of the applicant;

2.

Name of the applicant's business;

3.

Location of business by street address or other geographical description to permit an accurate determination of conformity with the requirements of this chapter;

4.

If beer will be sold at two or more restaurants or other businesses within the same building pursuant to the same permit as provided in Section 7.08.230D, and a description of all such businesses;

5.

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

6.

Identity and address of a representative to receive annual tax notices and any other communication from the board;

7.

Whether any person, firm, corporation, joint-stock company, syndicate, or association having at least a five percent ownership interest in the applicant or any person employed in the distribution or sale of beer has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages or any crime involving moral turpitude within the past ten years;

8.

Whether or not the applicant is seeking a permit which would allow the sale of beer either for on-premises consumption or for off-premises consumption, or both of the foregoing; and,

9.

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 board, in its discretion.

10.

Whether any person having at least a five percent ownership interest in the establishment has been released from incarceration within the past ten years for conviction of any crime involving moral turpitude. For purposes of this subsection, "moral turpitude" means premeditated murder, all sex related crimes, the illegal sale of Schedule I and II controlled substances, and crimes of fraud or embezzlement.

D.

No permittee shall open his premises to the public for the sale of beer until the permittee shall have first filed with the board floor plans and diagrams completely disclosing and designating a physical arrangement of the premises, should the board so require of any applicant.

E.

The board shall have the right to issue a beer permit to any person, firm, corporation, syndicate, joint-stock company, or association carrying on any other regular business to store and sell, in connection therewith, such beer.

F.

If the holder of a beer permit for either off-premises or on-premises consumption desires to change the permit holder's method of sale, the permit holder shall apply to the board for a new permit.

G.

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.

H.

Any applicant making any false statement in an application shall forfeit his permit, and shall not be eligible to receive any permit for a period of ten years.

I.

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

(Ord. BL2017-1032 § 1, 2018; Ord. BL2017-654 § 4, 2017; Amdt. 1 to Ord. BL2008-349 § 1, 2008; Ord. BL2008-349 § 1, 2008; Ord. BL2003-1497 § 1, 2003; Ord. 99-1794 § 4, 1999)