§ 4.02.120. Permit.

A.

Upon receipt of a complete application and a nonrefundable application fee in an amount set by the LBCB, the city employee designated by the LBCB shall issue an alcoholic beverage delivery permit to a person who meets the qualifications set out in this section. Permit applications must contain the mailing address or phone number at which the applicant may be notified of the arrival of alcoholic beverages at the delivery site and receive other notices required to be given under this chapter. The application shall contain the applicant's driver's license number, voter registration number and such other information as the LBCB may establish in regulations and/or the designated city employee may require as proof of domicile in Kotzebue and for identification purposes. Permits shall be numbered sequentially and shall be valid for a period of one year. Permits are the property of the city of Kotzebue and may be revoked, suspended and/or surrendered to the city as provided by law, ordinance, statute and regulation. If a permit is lost by the permittee or must be replaced for any reason, a nonrefundable replacement fee in an amount set by the LBCB shall be paid by the permittee.

B.

A permit may be renewed by a person who continues to meet the qualifications for a permit upon the filing of a renewal application accompanied by a nonrefundable renewal fee in an amount set by the LBCB and proof of the applicant's qualification for renewal. A lost, stolen or destroyed permit may be replaced under this renewal procedure.

C.

To qualify for a permit, a person must:

1.

Be at least twenty-one years of age;

2.

Be domiciled within the city limits of the city of Kotzebue with proof of domicile as required by regulations established by the LBCB;

3.

Not have any amounts owing to the city of Kotzebue for delivery site handling, storage, other delivery site charges, and/or sales/use taxes on alcoholic beverages;

4.

Within two years of the date of the application not have been convicted of, pleaded guilty or no contest to a violation of:

(a)

Any provision of Title 4 of the Alaska Statutes;

(b)

A.S. 28.33.030, 28.35.030 or 28.35.032; or

(c)

Any provision of federal law regulating the manufacture, possession, transportation, sale or use of alcoholic beverages or any provision of the Kotzebue Municipal Code involving the importation, sale, delivery, possession or use of alcohol.

5.

Not be subject to a court order or conditions as set out, above, in Section 4.02.100.B.7. and B.8.; and

6.

Not be a person who has been issued a permit under this chapter whose permit has been suspended or revoked unless the period of the revocation or suspension has expired and any fines paid in full and all conditions imposed have been met.

D.

Upon receipt of a completed application and the required fee, the designated city employee shall undertake such investigation as may be necessary to verify statements and claims made in the application and separately provided proofs submitted by the applicant. If the designated city employee determines the applicant is qualified for a new permit or a renewal of an existing permit, designated city employee shall issue the permit and provide a copy of the permit and application to the alcohol delivery site. Permits may be delivered by the designated city employee only to the applicant in person and to no other person except to the qualified, designated agent of a physically disabled person who has been issued a disabled person's permit pursuant to Section 4.02.140.E., below.

E.

If the designated city employee determines that an applicant is not qualified or that an essential claim, statement or proof is doubtful and unsupported by adequate, reliable evidence or other defect, the applicant shall have fourteen calendar days from the date the designated city employee mails the notice within which to submit documentation or other proof to overcome the deficiencies set out in the notice prepared by the designated city employee. If the designated city employee is satisfied that the person is qualified for a permit, the designated city employee shall issue the permit as provided in subsection D. of this section. If the designated city employee determines, based on the submissions by the applicant and the results of the investigation by the designated city employee that the applicant has not satisfactorily shown that the applicant is qualified for a permit, the designated city employee shall deny the permit and shall notify the applicant in writing of the denial and of the reasons for the denial. The denial of the permit may be appealed to the LBCB who shall hear the appeal on the record established by the designated city employee. The notice of denial from the designated city employee shall contain a statement advising the applicant of the right to appeal the denial to the LBCB by filing a written notice of appeal to the LBCB within thirty days of the date the notice of denial is mailed by the designated city employee.

F.

A person may not provide or make untrue or misleading statements or provide false, altered or misleading documents in connection with an application for a permit under this chapter.

(Ord. No. 10-04, § 2(Exh. A), 4-1-2010)