Reviewing Liquor
License, Beer Permit and Wine Permit Applications
Effective
July 1, 1988
4:2.1 Purpose
4:2.2 Investigation
of the Applicant
4:2.3 Requirements
for Premises
4:2.1 Purpose.
The purpose of this chapter
is to provide for local review of liquor license, beer permit and wine permit
applications in accordance with Chapter 123,
Iowa Code.
4:2.2 Investigation of the
Applicant.
A. It shall be the responsibility of the
applicant for a liquor control license, beer permit or wine permit, or a
renewal of any of these, to obtain the appropriate application from the County
Auditor. The application must be
submitted to the county sheriff and secondly, to the county attorney, prior to
submission to the Board of Supervisors.
The county sheriff and the county attorney must each make an
investigation to determine if the applicant is of good moral character as
defined in Section 123.3(26) of the Iowa Code, and recommend in writing
approval or disapproval of the application.
With regard to a renewal application, that investigation shall include
any relevant information about prior operations under the license or permit.[11]
B. If the recommendation is
for disapproval, the official shall attach a memorandum of explanation to the
application prior to returning it to the applicant. The memorandum shall set
forth such facts and conclusions as were a factor in such recommendation for
disapproval.
C. The official must
complete the investigation and, if applicable, the memorandum of explanation,
by the end of the fifth working day following receipt of the application. Though the recommendation may be for
disapproval, the application shall be deemed approved and promptly returned to
the applicant if, at the end of five working days,
- no written recommendation has been made, or
- the memorandum of explanation has not been attached to the
disapproved application.
D. The County Sheriff and
County Attorney are authorized by this chapter to utilize such forms as are
necessary to implement both the written recommendation of approval or
disapproval of the application and the memorandum of explanation required when
the application is disapproved.
4:2.3 Requirements for Premises.
An applicant for a liquor control license, beer
permit or wine permit, or a renewal of any of these, as a further condition for
approval by the Board of Supervisors, must give consent in writing on the
application that members of the Fire, Sheriff, and Health Departments, and the
County Attorney and the Zoning Administrator may enter upon the premises
without a warrant to inspect for violations of the provisions of state law or
local ordinances and regulations.
[12]
[11]
Ordinance 11-21-00-01
[12] Ordinance 11-21-00-01