§ 3-2. Application.

(a)

Generally. No license for the sale of alcoholic beverages at retail shall be granted until the application, accompanied by a check or cash in the amount required for the license, setting forth the name of the owners, the business and its location, shall have been approved by the sheriff, the fire chief and the building inspector. The department directors shall file a written recommendation for approval or denial with the clerk within thirty (30) days from the filing date. A recommendation for denial shall set forth the specific reasons thereof. If the department directors are unable to complete the investigation and make their recommendation within the time prescribed, a written statement setting forth reasons for the delay shall be filed with the clerk. As soon as the reasons for delay have ceased to exist, the investigation shall be completed and the recommendation shall be filed with the clerk. Upon receipt of the recommendation, the clerk will present it to the commission for approval or denial at its next regularly scheduled meeting of the commission. No person shall sell or attempt to sell alcoholic beverages at wholesale or retail until they have received their city and state licenses authorizing them to do so. Applications for license shall be made on forms prescribed by the city clerk.

(b)

Sworn statements.

(1)

The applicant shall make a sworn statement of his qualifications according to this chapter and shall place such statement on file with the clerk before any license is issued;

(2)

If the application covers a partnership, all members of the partnership must be qualified to obtain a license and must make sworn statements of those qualifications.

(c)

In person. All applications for license shall be made in person.

(d)

False information. Any statement on an application for license to sell alcoholic beverages which shall later be found to be false or which shall have omission of facts shall subject the applicant to prosecution for perjury under the laws of this state.

(e)

Copy of state application. An applicant for a city license shall submit a copy of his state application at the time the local application is submitted to the city clerk.

(f)

A consent statement by the applicant that all necessary investigation reports on the applicant and any employees in the applicant's establishment including, but not limited to, credit reports and reports from law enforcement agencies, may be obtained by the city. Any information in such reports may be furnished to the city clerk, and the applicant will be responsible for the cost thereof. If so requested, applicants shall also obtain such consent forms from each employee who will be employed in applicant's establishment. The applicant shall furnish the city a complete set of fingerprints. Such sets shall be forwarded to the state bureau of investigation. The city may require photographs of the applicant and/or fingerprinting and/or photographs of the applicant's employees for the purpose of conducting its investigation.

(g)

The applicant.

(1)

The applicant for the alcoholic beverage license shall be a citizen of the United States and the owner of the business; or if the owner of the business is a corporation, partnership or other legal entity, the applicant, who must be a citizen of the United States, must be a substantial and major partner or stockholder or the manager of the business responsible for the regular operation of said business on the premises for which the license is issued. The person who will have day-to-day operating responsibility for the business and who shall actively operate the business on a day-to-day basis, either the applicant or person designated by the applicant as the manager, shall reside within thirty (30) miles of the corporate limits of the city.

(2)

The application shall include the name and address of the applicant; if a partnership, the names and residence addresses of the partners; if a corporation, names of the officers, the names and addresses of the registered agent for service of process, the name(s) of the manager(s), and the names of all shareholders holding more than twenty (20) percent of any class of corporate stock, or any other entity have a financial interest in each entity which is to own or operate the establishment for which a license is sought. If the manager changes, the applicant must furnish the city clerk the name and address of the new manager and other information as requested within three (3) days of such change.

(3)

There shall be a fee of fifty dollars ($50.00) to defray investigative and administrative costs for the designation of a new manager on an existing license.

(4)

All applicants shall furnish data, fingerprints, photographs, financial responsibility and other records as required by the city clerk to ensure compliance with the provisions of this chapter. Failure to furnish data pursuant to such request shall automatically serve to dismiss the application with prejudice.

(5)

All licensed establishments must continuously maintain with the city the name and address of a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter to be served upon the licensee or owner may be served. This person must be a resident of Pulaski County. The licensee shall file the name of such agent, along with the written consent of such agent, with the city clerk in such form as he or she may prescribe.

(6)

In all instances in which an application is denied under the provisions of this chapter, the applicant may not reapply for a license for at least one (1) year from the final date of such denial.

(7)

Each application for license under this chapter shall be accompanied by a separate check or cash in the amount of one hundred fifty dollars ($150.00) to defray investigative and administrative costs. Any license application made pursuant to this chapter may be withdrawn by the applicant at any time. If the application is withdrawn before the license is issued, any sums deposited as license fees will be refunded. After issuance of the license, no refunds will be made. No refunds shall be made under any circumstances for investigative and administrative expenses required in this chapter.

(Ord. No. 2012-3, § 3, 3-5-12)