§ 10-64. Limitation on number of licenses within family.

(a)

Sale of distilled spirits in package at retail.

(1)

No application for a license to sell distilled spirits in the package at retail shall be granted when the person applying for the license and all members of that person's family already hold two interests in a license to sell distilled spirits by the package at retail.

(2)

No person or member of the person's family shall own, hold or control any interest in more than two licenses to engage in the business of selling distilled spirits by the package at retail.

(b)

Interest in license.

(1)

As used in this section, an interest in a license shall be deemed to exist if the person involved is the outright owner of the license; a co-owner of the license; a partner in a partnership which owns all or any part of a license; a stockholder in any corporation organized for pecuniary gain which owns all or any part of a license; an owner or a lessor, sublessor or stockholder in any corporation organized for pecuniary gain owning or leasing any real estate which is occupied by a retail liquor store or shares in any of the income or corpus of any trust fund or estate having any interest in a retail liquor store. However, a stockholder shall not be deemed to have an interest in a retail liquor store where the stockholder owns stock in a motel or hotel having 200 or more rooms with a retail liquor store located on the premises of that motel or hotel and owned by that motel or hotel. Notwithstanding any of the other part of this section, no one person shall be deemed to have more than one interest in any one license.

(2)

An interest in a license shall be deemed to exist in the settlor or grantor in any trust instrument where all or any part of the corpus of the trust is the land on which located or the business of any retail package liquor store and where any beneficiary, either direct or indirect, is related in any manner to the settlor. This subsection shall not apply to any trust in existence at the time of passage of the ordinance from which this subsection derives.

(c)

Statements on license application. All applications for licenses, both original and renewal, must be accompanied by a full and complete statement under oath of information relative to any and all interests as defined in subsection (b) of this section in retail liquor stores. This shall include the following:

(1)

The names and addresses of all persons interested in the ownership of the business of selling at retail packaged liquor, together with any interest each person or any member of such person's immediate family has in any other retail liquor store;

(2)

The ownership of the land and building where that retail business is operated;

(3)

The amount of rental paid for the land and building and the manner in which determined and to whom and at what intervals it is paid;

(4)

The names and addresses, by affidavit from the owner, lessor or sublessor of that land and building, of all persons having any whole, partial, beneficial or other interest in and to the land and building on and in which the retail liquor store is located; and

(5)

Any other information called for by the license review board.

(d)

Change in relationship. Any change in any relationship must be filed when made with the department of police, and failure to so file within 30 days after that change is made shall be grounds for cancellation by the council.

(Code 1977, § 14-2047)