[Ord. No. 550, § IV, 8-28-1979]
(a)
Any person desiring a license to sell intoxicating beverages at retail
as hereinabove described shall make and file with the board of city
commissioners an application for such license accompanied by the fee
as hereinbefore provided. Such application shall be verified by the
person making the application. If the applicant is a corporation,
it shall be verified by the president and secretary of the corporation;
if an individual, by such individual, and if a co-partnership, by
each member of such co-partnership, and if a club or lodge, by the
duly elected presiding officer of such club or lodge. The following
information, together with such other information as may, from time
to time be required by the board of city commissioners shall be contained
in the application required by the preceding section:
(1)
Name of applicant. If the applicant is a corporation, the name and
address of all persons holding 1% or more of the stock in the corporation;
if the applicant is a copartnership, the name and address and place
of residence of each member of the co-partnership and any persons
having any financial interest therein.
(2)
Citizenship, residence, etc. Whether the applicant is a citizen of
the United States, and if a naturalized citizen, the date and place
of naturalization. Whether the applicant is a resident of the state
and the place of residence of the applicant for a period of one year
last preceding the date of the application. If the applicant is a
corporation, the date of incorporation, the state where incorporated,
the amount of the authorized capital, the amount of the paid in capital
and whether such corporation is a subsidiary of any corporation and
if so, the name of the parent corporation, the purpose for which such
corporation was incorporated, the names and addresses of the corporate
officers, corporate directors and managing agents of such corporation.
(3)
Description of premises. The legal description of the place for which
license is sought.
(4)
Name and address of owner of premises; lessee. The name and address
of the owner of the premises for which license is sought by a person
other than the owner of such premises, the terms of the lease under
which such applicant holds possession of the premises, insofar as
the terms of such lease and the rental to be paid therefor are concerned.
The applicant shall when required by the board of city commissioners
furnish to the board a copy of the lease under which he holds possession
of the premises. If the license is sought by the owner of the premises
sought to be licensed, the applicant shall state the time when such
applicant acquired title thereto.
(5)
Tax delinquencies. Whether the taxes on such property are delinquent.
Whether or not the personal property taxes of the applicant are delinquent
and if a co-partnership, whether or not the personal property taxes
of each member of the co-partnership and each person financially interested
therein are delinquent, and whether or not the personal property taxes
levied against the property to be used in conducting the business
are delinquent.
(6)
Previous retail, etc., experience. Whether the applicant has ever
engaged in the sale or distribution of liquor prior to this application
and if so, the date and type of business and the place where so engaged
whether within or without the state. If the application is for a renewal
license, the date the applicant first began to operate; provided,
however, that this provision shall not apply to a license issued hereunder.
(7)
Previous license revocations. Whether the applicant has ever had
a license for the sale of intoxicating liquor revoked for any violation
of state laws or local ordinances and if so, the names of the bodies
revoking such license, the dates of such revocations and the reasons.
(8)
Violations of liquor laws. Whether the applicant has ever been convicted
of the violation of any law of the United States or of any state or
of the violation of any local ordinance with regard to the manufacture,
sale, distribution, or possession of intoxicating liquor and if so,
the dates, names of places and courts in which such convictions were
had.
(9)
Other convictions. Whether the applicant has ever been convicted
of any other crime than stated in paragraphs (7) and (8) above, in
this state or any other state or under any federal law, and if so,
the date of such convictions, the name of the crime for which convicted,
the amount and terms of sentence passed and the court in which convicted.
(10)
Name and address of manager. The name and address of the person
who will have charge, management or control of the establishment for
which the license is sought.
(11)
Agreement, etc., to transfer license. Whether the applicant
has any agreement, understanding or intention to have any agreement
or understanding with any person, co-partnership or corporation to
obtain for any other person or to transfer to any other person this
license or to obtain it for any other than for the specific use of
the applicant, and if so, the names and addresses of such persons
and the conditions of such agreement.
(12)
Interest in other liquor businesses. Whether the applicant has
any interest whatsoever, directly or indirectly, in any other liquor
establishment, either at wholesale or retail, within or without the
state, and if so, the names and addresses of such establishments.
This provision is meant to include the holders of capital stock in
any corporation dealing in liquor either at wholesale or retail and
within the borders of the United States.
(13)
Past occupation. The occupation which the applicant has followed
during the past 10 years.
(14)
References. The names and addresses of at least three business
references and a brief statement of the nature and extent of the business
relations with such persons.
(15)
Commercial rating. Whether the applicant is rated by any commercial
agency, and if so, the name and address of such agency.
(16)
Other businesses. Whether the applicant is engaged in any other
business or intends to engage in any other business than the sale
of liquor under the license applied for; if so, the type of business,
and the name and address of employer.
(17)
Class of license. The classification of license applied for,
whether on-sale, off-sale or license for lodge or club.
(18)
Lodge or club. Where the license is sought for a lodge or club
as herein defined, the date of the organization of such club, the
number of members therein, the purpose for which organized and the
purpose for which profits to be derived from the business engaged
in pursuant to such license are to be applied. Wherever required by
the board of city commissioners, such applicant shall furnish and
file with the board of city commissioners a list of the members belonging
to such lodge or club.
[Ord. No. 550, § IV, 8-28-1979]
The board of city commissioners or such other person or officer
as may be designated by the board of city commissioners shall, upon
the application being filed, investigate the facts as stated in the
application and the character, reputation and fitness of the applicant.
If such investigation is made by a person other than the board of
city commissioners, he shall report all such matters to the board.
[Ord. No. 550, § IV, 8-28-1979; Ord. No. 800, 8-12-1997]
In addition to the other requirements that are set forth in
the application made by a person seeking a license for the sale of
intoxicating liquor, such person, co-partnership, corporation, club
or lodge seeking such license shall state therein that the licensee
expressly consents to any law enforcement officer of the City of Williston
or the State of North Dakota to enter areas of public access of the
licensed premises and will produce for any law enforcement officer
the license authorizing the sale of intoxicating liquors.
[Ord. No. 550, § IV, 8-28-1979; Ord. No. 793, 9-24-1996; Ord. No.
797, 8-12-1997; Ord. No. 916, 10-10-2009]
(a)
No retail license or licenses shall be issued to any individual applicant
unless that individual is a legal resident of the United States and
a legal and bona fide resident of the State of North Dakota.
(b)
In the case of a partnership applicant, unincorporated association
applicant, or a corporation applicant, no retail license or licenses
shall be issued to any such applicant unless such applicant deems
an individual as manager of such applicant and unless such manager
is a legal resident of the United States and a legal and bona fide
resident of the State of North Dakota. Such individual so deemed must
fulfill the residency requirements herein.
(c)
The residency requirement herein is a continuing requirement during
the term of any license issued hereunder.
(d)
No license shall be issued to any person, partnership, unincorporated
association, or corporation engaged in business as the representative
or agent of another, except that a license may be issued to and in
the name of the lessee of a hotel or motel having 70 rooms or more,
notwithstanding that such lessee presently holds a retail license
or licenses for a hotel or motel.
[Ord. No. 550, § IV, 8-28-1979]
No license shall be issued to any person under the age of 21
years or to any person deemed by the board of city commissioners to
be morally unfit to engage in the business for which the license is
sought.
[Ord. No. 550, § IV, 8-28-1979]
No license shall be issued to any building, room or place within
150 feet of any church, public or parochial school or synagogue, and
in determining such distance, the distance shall be measured by the
ordinary route of travel from the nearest point upon the grounds upon
which such church, public or parochial school or synagogue is located
to the entrance of the premises for which the license is sought.
[Ord. No. 550, § IV, 8-28-1979; Ord. No. 713, 6-28-1988; amended 1-24-2023 by Ord. No. 1143]
Each license shall contain the legal description of the place
where the holder thereof operates his place of business. No license
shall be issued, renewed, or transferred for any location for which
there are delinquent taxes or special assessments unless the licensee
or applicant has entered into a contract with the city for the payment
of the taxes and special assessments. Additionally, all fees, fines,
and bills due and owing to the City of Williston or their departments,
must be paid prior to receiving the license. Any new fees owed to
the City of Williston must be paid within 30 days or the license is
subject to suspension.
