4-202. Qualifications of licensees; application;
background information; prior convictions
A. Every spirituous liquor licensee, other than a club licensee, a corporation
licensee, a limited liability company licensee or an out-of-state licensee, shall be a
citizen of the United States and a bona fide resident of this state or a legal resident
alien who is a bona fide resident of this state. If a partnership, each partner shall be
a citizen of the United States and a bona fide resident of this state or a legal resident
alien who is a bona fide resident of this state, except that for a limited partnership an
individual general partner is required to meet the qualifications of an individual
licensee, a corporate general partner is required to meet the qualifications of a
corporate licensee and a limited partner is not required to be a bona fide resident of
this state. If a corporation or limited liability company, it shall be a domestic
corporation or a foreign corporation or a limited liability company that has qualified to
do business in this state. A person shall hold a club license, corporation license,
limited liability company license, partnership license or out-of-state license through an
agent who shall be a natural person and meet the qualifications for licensure, except
that an agent for an out-of-state license as specified in section 4-209, subsection B,
paragraph 2 need not be a resident of this state. For the purposes of this subsection,
"agent" means a person who is designated by an applicant or licensee to receive
communications from the department and to file documents and sign documents for filing
with the department on behalf of the applicant or licensee.
B. A person shall file an application for a spirituous liquor license on a form
prescribed by the director. The director shall require any applicant and may require any
controlling person, other than a bank or licensed lending institution, to furnish
background information and to submit a full set of fingerprints to the department. The
department of liquor licenses and control shall submit the fingerprints to the department
of public safety for the purpose of obtaining a state and federal criminal records check
pursuant to section 41-1750 and Public Law 92-544. The department of public safety may
exchange this fingerprint data with the federal bureau of investigation. If a license is
issued or transferred when fees are waived pursuant to section 4-209, subsection I, no
additional background check is required if the person has already completed a background
investigation in connection with the continuing business.
C. Each applicant or licensee shall designate a person who shall be responsible for
managing the premises. The designated person may be the applicant or licensee. The
manager shall be a natural person and shall meet all the requirements for licensure. The
same person may be designated as the manager for more than one premises owned by the same
licensee. Notice of a change in the manager shall be filed with the director within
thirty days after a change.
D. No license shall be issued to any person who, within one year before
application, has had a license revoked. The director shall not issue an interim permit
or restaurant license to any person who, at the same location, has been required to
surrender a restaurant license pursuant to section 4-205.02, subsection D or section
4-213 until twelve months after the date of the surrender. No license shall be issued to
or renewed for any person who, within five years before application, has been convicted
of a felony, or convicted of an offense in another state that would be a felony in this
state. For a conviction of a corporation to be a basis for a denial under the provisions
of this section, the limitations that are provided in section 4-210, subsection A,
paragraph 8 shall apply. No corporation shall have its annual license issued or renewed
unless it has on file with the department a list of its officers and directors and any
stockholders who own ten per cent or more of the corporation.
E. The department of liquor licenses and control shall receive criminal history
record information from the department of public safety for applicants for employment
with the department of liquor licenses and control or for a license issued by the
department of liquor licenses and control.
F. The department shall not issue or renew a license for any person who on the
request of the director fails to provide the department with complete financial
disclosure statements indicating all financial holdings of the person or any other person
in or relating to the license applied for, including all cosignatories on financial
holdings, land, buildings, leases or other forms of indebtedness that the applicant has
incurred or will incur.
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