§ 6-60. Eligibility for license.

(a)

Every applicant shall, prior to applying for a license, read and familiarize himself with the provisions of this chapter, and the application shall constitute a certification applicant has done so. Every licensee shall maintain a copy of this chapter on the licensed premises and shall instruct each employee engaged in the sale or handling of alcoholic beverages concerning the relevant provisions of this chapter.

(b)

An applicant shall be active in the operation of the licensed business and shall be personally present on the licensed premises sufficiently to assure compliance with the provisions of this chapter. For purposes of this section, a licensee shall not be considered active unless he is an owner, stockholder, or fulltime employee of the licensed business and is present on the licensed premises a minimum of ten hours per week.

(c)

A licensee must be of good moral character and a citizen of the United States or an alien lawfully admitted for permanent residence. Any such alien shall have been lawfully admitted for permanent residence for at least one year prior to application.

(d)

In addition to the requirements of subsection (c) of this section, a licensee for the retail sale of distilled spirits in the original package must have been a resident of a county or municipality in the state, in which the retail sale of distilled spirits in the original package is legal, for one year immediately preceding the filing of the application for such license.

(e)

No person, including members of a retail dealer licensee's immediate family, shall be issued, nor shall have a beneficial interest in, more than two package distilled spirits licenses issued in this state.

(f)

A licensee shall not have been convicted within the ten years preceding his application of any felony, any misdemeanor involving moral turpitude, any sexual-related crime, or any criminal offense relating to alcoholic beverages, taxes or gambling, except as otherwise provided herein. A licensee shall not have more than one conviction within the ten years preceding his application of any misdemeanor criminal offense related to alcoholic beverages including, but not limited to, illegal possession, sale, or use of alcoholic beverages, or more than one conviction for any misdemeanor criminal offense relating to the illegal possession, sale, or use of any controlled substance. This subsection shall apply with respect to the laws of this state, other states, the United States, and other countries. A plea of nolo contendere or the forfeiture of a bond shall be considered a conviction for purposes of this subsection. Sentencing as first offender status shall not be considered as a conviction if the sentence was successfully completed without any violation of probation and with no adjudication of guilt ever being entered.

(g)

A licensee shall not have had revoked, within the five years preceding his application, any license to sell alcoholic beverages issued by any governmental entity.

(h)

A licensee shall have, and continuously maintain, as a registered agent a resident of the county upon whom may be served any process, notice or demand required or permitted by law or under this chapter to be served upon the licensee or owner. The registered agent must be a resident of at least 21 years of age.

(Ord. No. 2007-09-54, § 3(7.2.10), 9-18-2007; Ord. No. 2012-12-39, § 1, 12-18-2012; Ord. No. 2014-04-10 , § 1(1), 4-15-2014)