5. Beer and liquor license fees
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11-03-2008
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5. Beer and liquor license fees
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<br />(1) The manager of the licensed premises must be a legal resident of the <br />United States and of good moral character; and <br /> <br />(2) The partners: <br /> <br />(a) Who are individuals, must be legal residents of the United States <br />and of good moral character; and <br /> <br />(b) Which are organizations, must meet the requirements of this <br />section for applicants that are organizations. <br /> <br />Limited liability partnership applicants must first be properly registered with the <br />secretary of state. <br /> <br />3. The applicant or manager must not have been convicted of an offense determined <br />by the attorney general to have a direct bearing upon an applicant's or manager's <br />ability to serve the public as an alcoholic beverage retailer, or, following conviction of <br />any offense, is determined not to be sufficiently rehabilitated under section <br />12.1-33-02.1. <br /> <br />4. The building in which business is to be conducted must meet local and state <br />requirements regarding the sanitation and safety. <br /> <br />5. The applicant for a state license must have first secured a local license. <br /> <br />6. The attorney general, or local governing body, may require the applicant to set forth <br />such other information in the application as necessary to enable them to determine if <br />a license should be granted. <br /> <br />7. The applicant may not have any financial interest in any wholesale alcoholic <br />beverage business. <br /> <br />8. As a condition precedent to a background check, the attorney general may require <br />the applicant to pay, in advance, an estimated additional fee necessary to defray the <br />actual cost of a background check of a person for whom adequate background <br />information sources are not readily available. The estimated additional fee must be <br />placed in the attorney general's refund fund for use to defray the actual expenses of <br />the background check. The remainder of the funds must be returned to the person <br />within thirty days of the conclusion of the background check. In addition, the <br />attorney general may require the applicant or such other person subject to a <br />background check to execute a written consent if needed by the attorney general to <br />obtain background or criminal history information. <br /> <br />5-02-02.1. Sale of alcoholic beverages in gas stations, grocery stores, and <br />convenience stores. Before a state retail off sale alcoholic beverage license may be issued to a <br />person whose business to be licensed is located in a building that is primarily a gas station, <br />grocery store, or convenience store, the area to be licensed for the sale of alcoholic beverages <br />must be clearly set out in a blueprint or diagram. The area licensed for the sale of alcoholic <br />beverages must be separated from the non licensed portion of the business by a wall designed to <br />allow sales personnel to serve customers and make sales in both the licensed and unlicensed <br />portions of the premises, and that may allow customers in either portion of the premises access <br />to the other portion. <br /> <br />~ <br /> <br />.5-02-03. Local license fees. The fee for an annual local on and off sale liquor license <br />must be set by ordinance or resolution at not less than two hundred dollars nor more than two <br />thousand dollars, except outside the corporate limits of a city the fee shall not exceed one <br />thousand dollars. The fee for an annual on and off sale local beer license must be set by <br />ordinance or resolution at not less than fifty dollars nor more than five hundred dollars. The fee <br />for an annual local exclusive on sale liquor license must be set by ordinance or resolution at not <br /> <br />Page No. 3 <br />
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