§ 6-117. Circumstances prohibiting issuance.

(a)

No alcoholic beverage license may be issued where the application or other evidence shows any of the following conditions to exist:

(1)

That the applicant is of bad moral character or has a bad reputation in the community or does not have sufficient mental capacity to conduct the business for which application is made.

(2)

That the applicant has had any license issued under the police powers of any county, state, municipality or other governmental entity previously suspended or revoked.

(3)

That the applicant has violated any law, regulation or ordinance relating to such business within a five-year period immediately preceding the date of application.

(4)

That any applicant for a retail license under this chapter is related to any distributor or wholesaler of alcoholic beverages or employees thereof within the first degree of consanguinity or affinity as computed according to civil law. This subsection shall not restrict a farm winery from selling at retail and wholesale.

(5)

That any applicant or any corporation or partnership of which the applicant is or was an officer, director, shareholder, general partner or managing agent is delinquent in payment of any property tax or other tax or license fee payable to the county or to the state.

(6)

The applicant has demonstrated lack of knowledge of the county ordinances and federal and state law regulating the business. Prima facie evidence of lack of knowledge, as described in this subsection, would include but is not limited to violations of such law or regulation, regulating the business.

(7)

The applicant fails to answer questions on the alcoholic beverage application accurately or failure of the applicant to provide accurate information to the board of commissioners, license review board, police, or business license division staff regarding laws and regulations governing the business.

(b)

Notwithstanding the circumstances set out in subsections (a)(1) through (a)(7) of this section, the license review board or the board of commissioners may waive such circumstances and grant a license.

(Ord. of 8-14-73, art. II, § 11; Ord. of 3-24-87; Ord. of 10-24-89, § I; Ord. of 9-25-90; Ord. of 5-11-93; Ord. of 10-11-94, § 8; Code 1977, § 3-4-32; Ord. of 7-10-01 (eff. 1-1-02); Ord. of 1-25-05; Amd. of 2-23-16)