North Dakota Code 5-02-02 – Qualifications for license
A retail license may not be issued to any person unless the applicant files a sworn application, accompanied by the required fee, showing the following qualifications:
Terms Used In North Dakota Code 5-02-02
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Partnership: includes a limited liability partnership registered under chapter 45-22. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. The applicant, other than an organization, must be a legal resident of the United States and be a person of good moral character.
2. If the applicant is:
a. A corporation, then:
(1) The manager of the licensed premises and the officers and directors must be legal residents of the United States and persons of good moral character; and
(2) The shareholders:
(a) Who are individuals, must be legal residents of the United States and of good moral character; and
(b) Which are organizations, must meet the requirements of this section for applicants which are organizations.
Corporate applicants must first be properly registered with the secretary of state. b. A limited liability company, then:
(1) The manager of the licensed premises and the managers and governors must be legal residents of the United States and of good moral character.
(2) The members:
(a) Who are individuals, must be legal residents of the United States and of good moral character; and
(b) Which are organizations, must meet the requirements of this section for applicants that are organizations.
(3) The applicant must first be properly registered with the secretary of state.
c. A limited partnership, then:
(1) The manager of the licensed premises must be a legal resident of the United States and of good moral character. (2) The general partners and limited partners:
(a) If individuals, must be legal residents of the United States and of good moral character; and
(b) If organizations, must meet the requirements of this section for applicants that are organizations.
(3) The applicant must first be properly registered with the secretary of state. d. A general partnership, then:
(1) The manager of the licensed premises must be a legal resident of the United States and of good moral character; and
(2) The partners:
(a) Who are individuals, must be legal residents of the United States and of good moral character; and
(b) Which are organizations, must meet the requirements of this section for applicants that are organizations. e. A limited liability partnership, then:
(1) The manager of the licensed premises must be a legal resident of the United States and of good moral character; and
(2) The partners:
(a) Who are individuals, must be legal residents of the United States and of good moral character; and
(b) Which are organizations, must meet the requirements of this section for applicants that are organizations.
Limited liability partnership applicants must first be properly registered with the secretary of state.
3. The applicant or manager must not have been convicted of an offense determined by the attorney general to have a direct bearing upon an applicant’s or manager’s ability to serve the public as an alcoholic beverage retailer, or, following conviction of any offense, is determined not to be sufficiently rehabilitated under section 12.1-33-02.1.
4. The building in which business is to be conducted must meet local and state requirements regarding the sanitation and safety.
5. The applicant for a state license must have first secured a local license.
6. The attorney general, or local governing body, may require the applicant to set forth such other information in the application as necessary to enable them to determine if a license should be granted.
7. The applicant may not have any financial interest in any wholesale alcoholic beverage business.
8. As a condition precedent to a background check, the attorney general may require the applicant to pay, in advance, an estimated additional fee necessary to defray the actual cost of a background check of a person for whom adequate background information sources are not readily available. The estimated additional fee must be placed in the attorney general’s refund fund for use to defray the actual expenses of the background check. The remainder of the funds must be returned to the person within thirty days of the conclusion of the background check. In addition, the attorney general may require the applicant or such other person subject to a background check to execute a written consent if needed by the attorney general to obtain background or criminal history information.