§ 10-29. Application.

(a)

Any person desiring to sell alcoholic beverages by the drink or by the package shall make written application to the city for the appropriate license on forms prescribed by the mayor and city council and filed with the city manager.

(b)

All applications shall be fully completed by the applicant and sworn to and signed by the applicant in the presence of a notary public or other officer authorized to administer oaths. If the application is filed on behalf of a partnership, then all partners shall sign the application in the presence of a notary public or other officer authorized to administer oaths. If the application is filed on behalf of a corporation, then all principal officers of the corporation and all stockholders holding more than ten percent of any class of corporate stock must sign the application in the presence of a notary public or other officer authorized to administer oaths.

(c)

All applications for licenses shall contain a full and complete statement of all material facts which tend to show whether the applicant, or any member of their immediate families, own a financial interest in any other alcoholic beverage outlets, or any interest in a wholesale alcoholic beverage entity, or distillery or brewery, and what interest they and each of them will have in the alcoholic beverage outlet being requested from this city.

(d)

Each applicant shall certify that such applicant has read this article; and if the license is granted, each licensee shall maintain a copy of this article on the premises and shall require each of the licensee's employees to be familiar with this article.

(e)

All applications shall be accompanied by the following:

(1)

If the application is for a license authorizing the retail sale of distilled spirits by the package then a certificate of residency is required for all persons required to sign the application, unless the application is on behalf of a partnership or corporation, in which case a certificate of residency is required of at least one partner owning no less than a ten percent interest in the partnership or at least one shareholder owning no less than a ten percent interest in the outstanding and issued stock of the corporation.

(2)

Unless waived by the mayor and city council, the application shall have attached a current certificate from a registered surveyor of this state, showing a scaled drawing of the premises, the location on the premises where the applicant desires to operate an alcoholic beverage outlet, and the distance in linear feet by the most direct route of travel as determined herein to the nearest church, school, educational, or college property line.

(3)

If the outlet is to be located on leased premises, then a copy of the lease must be attached.

(4)

If the applicant is a partnership, a copy of the partnership agreement, including amendments, shall accompany the application.

(5)

If the applicant is a corporation, a copy of the articles of incorporation and bylaws, including amendments shall accompany the application.

(6)

The application shall be accompanied by a certified check for the full amount of the investigative fee as determined by the police chief, but not less than $150.00, unless waived by the mayor and city council. If the application is denied, or if the applicant withdraws the application prior to its approval, the license fee, without interest, shall be refunded but the investigative fee shall be retained by the city.

(f)

The mayor and city council may require any additional information and records they deem necessary. Failure to furnish the data shall automatically serve to dismiss the application. Any misstatement or concealment of fact in the application shall be grounds for denying a license or revoking an issued license, and shall make the applicant liable to prosecution for perjury under the laws of the state.

(Code 1979, § 37-1.4(A)(1)—(5), (A)(7), (B), (C); Ord. of 12-3-2007, § 1)