Chapter 5.20 LIQUOR CODE
Section 5.20.050 Issuance of license.
Upon the application being prepared
and executed by the applicant, the same shall be
submitted to the Mayor for approval. The Mayor shall require a criminal history background
investigation by the Federal Bureau of Investigation (FBI), with the assistance of the City's
Police Department, for all liquor licenses applicants and dram shop managers or agents where a
licensee's place of business is conducted by a manager or agent. If the applicant is a corporation
or limited liability company, an FBI criminal history investigation shall be required for each
manager, officer, director and shareholder owning in the aggregate more than five percent (5%)
of the stock of the company or corporation. If the applicant is a copartnership, an FBI criminal
history investigation shall be required for each general partner or limited partner owning in the
aggregate more than a five percent (5%) interest in the partnership. The applicant shall remit
payment of the fee required by the City for the background investigation(s), the amount of which
shall be set by and contained in Title 18 of City's Municipal Code (same being the ordinance of
the City which annually sets license and other fees and charges of the City), as from time to time
in effect. The applicant (and each other person for whom a background investigation is required)
shall sign the required forms for the FBI investigation(s), and be fingerprinted on the required
FBI fingerprint card at the time the applicant applies for the liquor license. The Mayor shall
withhold action on the application until the Mayor has received the FBI report with regard to the
criminal history investigation(s) pertaining to the applicant and any other persons for whom an
investigation is required; except in cases where the Mayor determines that the withholding of the
issuance of the liquor license until receipt of the FBI investigative report(s) will cause a severe
and undue hardship for the applicant and will not cause a threat to the health, safety and welfare
of the citizens of the City. The application shall be denied in the event the FBI investigative
report indicates the criminal history of the applicant or any other person for whom a background
investigation is required indicates the applicant is disqualified from receiving the liquor license.
In any instance where a liquor license is issued by the Mayor prior to the Mayor receiving the
FBI investigative report(s), the license shall be issued subject to revocation after the FBI
investigative report(s) are received by the Mayor if, based upon the report, the Mayor should
determine the applicant/licensee is disqualified from receiving a City Liquor License.
(5.20.050 (Ord. 2288), Amended, 08/16/2004, Prior Text)