§ 42-63. Issuance or denial.

The supervisor of liquor control shall act to approve or deny any application for an operator's license under this chapter within a reasonable period of time, and in no case act to approve or deny such application later than 90 days from the date such application was accepted. Such license shall be issued, if all requirements have been met, unless the supervisor finds that:

(1)

The license and permit fee has not been tendered the city. In no case shall a license be issued if a check or bank draft has not been honored with payment upon presentation.

(2)

The operation, as proposed by the applicant, if permitted, would not conform with all applicable laws, including but not limited to the city's building, zoning, health and fire prevention codes and regulations.

(3)

The applicant, if an individual; or any of the stockholders holding over ten percent of the stock of a corporation, or any of the officers or directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the business, have been convicted of the following offenses:

a.

Any offense which is considered a felony under the laws of the state.

b.

Any offense, regardless of whether the offense is a misdemeanor under a state statute or an ordinance violation, where such offense involves sexual misconduct, or the use of force and violence upon the person of another, or involves narcotics, dangerous drugs or the use of a dangerous weapon.

The supervisor of liquor control shall issue a license to an applicant, otherwise qualified under the provisions of this chapter to receive a license, convicted of a felony or any offenses listed under subsection (3)b of this section, unless the supervisor determines, based on consideration of the factors set out in RSMo 314.200, that such conviction demonstrates lack of good moral character, or if the applicant has received a pardon for such felony or his civil rights restored by operation of law.

(4)

The applicant has knowingly made any false, misleading or fraudulent statement of a material fact in his application or in any other document required by the city in conjunction therewith.

(5)

The applicant has had an operator's license or permit for the particular operation under the provisions of this chapter or other similar license or permit denied, revoked or suspended by the city or by any other state or local agency within five years prior to the date of application; provided, however, the supervisor of liquor control may examine the facts and circumstances of such denial, suspension or revocation to judge whether or not such person's application should be denied.

(6)

The applicant, if an individual; or any of the officers or directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or the person principally in charge of the operation of the business, is under the age of 18 years.

(Code of Gen. Ords. 1967, § 8.5; Ord. No. 47656, 5-6-77)