§ 4-38. Regulations as to employees.

The following regulations shall apply to all establishments holding a license for retail consumption of alcoholic beverages on the premises:

(1)

An employee shall meet the same character requirements as set forth in this article for the licensee, except for the residency requirements and except that no employee shall be denied a pouring permit because of any criminal case disposed of more than five years before the date of application for such permit.

(2)

All present and future employees and agents of the licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on the premises, shall obtain an annual identification card as prescribed by the General Government Administration Department and must comply with all applicable state and federal laws regarding alcoholic beverages. No employee shall be allowed to work for any licensee hereunder without the identification as prescribed by the General Government Administration Department. The annual fee for the identification permit shall be in the amount set forth in the schedule of regulatory fees which is maintained on file in the Office of the General Government Administration Department where it shall be available for inspection by the public. All permits issued hereunder are renewable on the anniversary date of issue on proper forms furnished by the city. A separate permit must be obtained for each location employing the employee. Said card shall be revoked and seized by the Police Chief for a violation of any of the provisions of this article, city ordinances, or state or federal laws.

(3)

No permit shall be issued until such time as a signed application has been filed with the General Government Administration Department and a search of the criminal record of the applicant completed by the Police Chief or his designee. Such application shall include, but shall not be limited to, the name, date of birth, and prior arrest record of the applicant, though the fact of an arrest record shall be used for investigative purposes only, and shall give rise to no presumption or inference of guilt. Due to the inclusion of arrest information, these applications shall be regarded as confidential and shall not be produced for public inspection without a court order.

(4)

No person shall be employed to sell or serve alcoholic beverages by an establishment holding a license hereunder until the person has been fingerprinted or cleared by the Chief of Police or his designee indicating the person is eligible for this employment. The Chief of Police shall have a complete and exhaustive search made relative to any police record of the person fingerprinted or cleared. If there is no record of a violation of this article, the General Government Administration Department shall issue a permit to the employee, stating that the person is eligible for employment. If it is found that the person fingerprinted or cleared is not eligible for employment, the Chief of Police or his designee shall notify the employer that this person is not eligible for employment.

(5)

It shall be the duty of all persons holding any license to sell alcoholic beverages to file with the General Government Administration Department the name of the establishment, the license number and a list of all employees, with their home addresses and home telephone numbers, twice annually on or before June 1 and again on or before December 1.

(6)

All permits issued through administrative error or through an error in completion of a background investigation can be terminated by the city.

(7)

This section shall not be construed to include employees whose duties are limited solely to those of busboys, cook or dishwasher.

(8)

No licensee shall allow any employee required to hold a permit to work on the licensed premises unless the licensee has on file, on the premises, the current, valid permit for each such employee.

(9)

If any permit holder leaves the employ of a licensed establishment, the licensee shall immediately surrender the permit to the General Government Administration Department.

(10)

All permits issued under this article remain the property of the city, and shall be produced for inspection upon the demand of any employee of the city.

(11)

Separate permits shall be required by the city for each employee working in more than one establishment serving alcoholic beverages.

(12)

No person shall be issued a permit if it is determined that the person knowingly and willfully falsified, concealed, or covered up any material fact by any device, trick, or scheme while making application to the city for an alcoholic beverage pouring permit under this article.

(Code 1979, § 9-4-17.1; Code 1998, § 6-45; Ord. No. 09-98, 5-4-1998; Ord. No. 17-2000, 12-4-2000; Ord. No. 07-2003, § 6-45, 7-7-2003; Ord. No. 08-2007, 3-5-2007)