§ 5-25. Beer and light wine privilege license.

(a)

Privilege license required. Any person or entity desiring to engage in the business of selling beer and light wine at retail shall pay the city a privilege license tax in the amount as that imposed by MCA 1972, §§ 27-71-303, 27-71-345, and 67-3-27 for the purpose of engaging in such business and shall file with the city clerk an application showing that such person possesses all the requirements provided for in this article. Such applicants shall exhibit a permit as required by MCA 1972, §§ 67-3-17 and 67-3-23. All such city privilege licenses shall be applied for and renewed annually. It shall be unlawful for any person to engage in the business of the retail sale of beer and light wine without having first applied for and obtained from the city clerk a privilege license to engage in such business.

(b)

Application for privilege license. Any person or entity desiring a license to sell beer at retail or desiring to renew such a license to sell beer and/or light wine shall file an application with the city clerk in the form of a sworn statement giving the name of the business, its location, the mailing address, and if a partnership or firm, the name and address of each partner or member and, if a corporation, the names of two (2) principal officers and the nature of business in which engaged. In case any business is conducted by the same person or entity at two (2) or more separate places, a separate license for each lace of business shall be required. The applicant shall further show in the sworn application for a license that the applicant and/or its principals (as identified below) possess the following qualification:

(1)

Over twenty-one (21) years of age and a person of good moral character;

(2)

No convictions in this or any other state of a felony or of pandering, or of keeping or maintaining a house of prostitution; and

(3)

No revocation of any license or permit to sell alcoholic liquors, beer, or light wine, pursuant to the laws of this city, this state or any other state, or of the United States, within two (2) years preceding the date of application.

If the applicant is a partnership, firm or limited liability company, all members of the partnership, firm, or limited liability company must be named and must meet the above-listed qualifications. If the applicant is a corporation, all officers and directors thereof, and any stockholder owning more than five (5) percent of the stock of such corporation, and the person who shall conduct and maintain the licensed premises for the corporation shall possess all the qualifications required herein for an individual license.

(c)

False statements. Discovery of any false statement made on the application or during the application process shall be grounds for immediate revocation of the privilege license. The licensee shall retain a list of all persons employed by the licensee who sell and/or serve beer and/or light wine, including with the list the name, address and age of each such employee, and such list shall be made available upon request of municipal authorities.

(d)

Nonretail sale or distribution of beer and/or light wine. Each wholesaler or distributor of light wine or beer and each person or entity engaged in the business of brewing, manufacturing, or producing beer or light wine shall comply with the requirements of section 5-27 in order to obtain a privilege license to engage in such business within the city.

(Ord. of 3-5-2013(2), § 3; Ord. of 3-20-18(1) , § 4)