§ 6-119. Denial on basis of license already held.  


Latest version.
  • (a)

    No application for a license to sell spirituous liquors by the package at retail shall be granted where the members of the applicant's family, including the applicant, either individually or collectively, already holds two interests in a license to sell liquor by the package at retail anywhere in the state.

    (b)

    As used in this section, an interest in a license shall be deemed to exist if the person involved is the outright owner of the license, a co-owner of the license, a partner in a partnership which owns all or any part of a license, a stockholder in any corporation organized for pecuniary gain which owns all or any part of a license, an owner, lessor, sublessor or stockholder in any corporation organized for pecuniary gain owning or leasing any real estate which is occupied by a retail liquor store or shares in any of the income or corpus of any trust fund or estate having any interest in a retail liquor store.

    (c)

    Upon any change in any relationship declared under this section, the licensee must notify in writing the business license office within 72 hours after such change is made, giving details of such change.

    (d)

    No retail licensee or person having an interest therein shall have any business or commercial transactions with a wholesaler or manufacturer of alcoholic beverages other than the purchase of and payment for alcoholic beverages.

    (e)

    No retail package license shall be approved where the licensee pays to any person any rent, management fee or other payment based on the profits or sales of such licensed store. Any legal, accounting, management or other consulting fees and all rentals shall be in amounts which are reasonable for the area and consistent with amounts paid by other businesses and other retail business establishments. All retail establishments will maintain books that correctly reflect all business transactions and shall make them available for inspections and audit by the county. Such records shall be maintained for a period of five years.

    (f)

    It shall be unlawful for any licensee or person having an interest therein to have any connection, either directly or indirectly, in any scheme or device to obtain an interest in a retail package store, being more than allowed by this chapter, or to engage in any scheme or device to use another person as a guise or dummy to obtain a retail license.

(Ord. of 8-14-73, art. II, § 13; Ord. of 3-24-87; Ord. of 10-24-89, § I; Ord. of 5-11-93; Code 1977, § 3-4-34)