§ 5-22. Qualifications of applicant.

(a)

Applicants for permits of all kinds under this article shall meet the following qualifications and conditions:

(1)

Be a person of good character and reputation and over 18 years of age.

(2)

Be a citizen of the United States and of the state, and a resident of the state continuously for a period of not less than two years next preceding the date of the filing of the application. However, the requirements for state citizenship shall not apply to wholesale or retail dealers who have continuously held permits since July 26, 1944.

(3)

Be the owner of the premises or have a bona fide written lease for such premises. In cases where the applicant holds a bona fide written lease, the name and current street address of the lessor shall be shown on the application form filed with the board of aldermen.

(4)

Shall not have been convicted of a felony under the laws of the United States, the state or any other state or country.

(5)

Shall not have been convicted in the state, any other state or by the United States of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of juveniles, keeping a disorderly place, letting a disorderly place or illegally dealing in controlled dangerous substances.

(6)

Shall not have had a license or permit to sell or deal in alcoholic beverages, issued by the United States, any state or political subdivision of a state authorized to issue permits or licenses, revoked within two years prior to the application, or been convicted or had a judgment of court rendered against him involving alcoholic beverages by the state, any other state or the United States for two years prior to the application.

(7)

Has not been adjudged by the state board of alcoholic beverage control or convicted by a court of violating any of the provisions of the state alcoholic beverage control law.

(8)

Has not been convicted of violating any provisions of this chapter. If the applicant has been convicted, the granting of a permit or of a renewal is within the discretion of the board.

(9)

Is not the spouse of a person whose application has been denied or whose permit has been revoked, unless judicially separated or divorced; provided that in such cases the age of the ineligible spouse shall be immaterial.

(b)

If the applicant is a partnership recognized by state law, or any person in such partnership with or financed by another person, all members of such partnership or all persons furnishing the money shall also possess the qualifications required of the applicant as set forth in subsection (a) of this section. The application shall name all partners or financial backers, and furnish their social security numbers and proper addresses.

(c)

If the applicant is a corporation, all officers and directors and all stockholders owning in the aggregate, more than five percent of the stock and the person or persons who shall conduct or manage the business shall possess the qualifications required of an applicant, to be shown by the affidavit of each accompanying the application. However, the requirements as to citizenships and residents do not apply to officers, directors and stockholders of corporations applying for retail permits only. The corporation shall be either organized under the laws of the state or qualified to do business within the state.

(d)

If the applicant is a limited liability company, all managers and all members owning in the aggregate, more than five percent of the interest of the limited liability company and the person or persons who shall conduct or manage the business shall possess the qualifications required of an applicant, to be shown by the affidavit of each accompanying the application. However, the requirements as to citizenships and residents do not apply to managers or members of limited liability companies applying for retail permits only. The limited liability company shall be either organized under the laws of the state of qualified to do business within the state.

(e)

If the applicant's business is to be conducted, in whole or in part, by one or more managers, agents, servants, employees or other representatives, such persons shall also possess the qualifications required of the applicant in subsection (a) of this section, and shall furnish their social security numbers and correct home addresses; however, convicted felons may be employed by an applicant if alcoholic beverages are not the principal commodities sold, handled or given away in the applicant's business.

(Ord. No. 1395, § 1, 12-17-2002; Ord. No. 1687, § 5, 8-1-2016)

State law reference

Similar provisions, R.S. 26:280.