HomeMy WebLinkAboutORD 3437ORDINANCE NO.3437
BILL NO.43
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER6, ARTICLE 7, SECTION 06-07-13, CALDWELL CITY CODE, PERTAINING
TO THE APPROVAL REQUIRED FOR LICENSES EXCEPTION TO APPLY;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES, RESOLT]TIONS, ORDERS AND PARTS THER.EOF,
IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State
ofldaho:
Section 1. That Chapter 6, Article 7, Section 06-07-13, ofthe Caldwell City Code, is
hereby amended as follows:
ARTICLE 7
LIQUOR, BEERAND WINE REGULATIONS
06-07-13: QUALIFICATIONS OF LICENSEE:
No license shall be issued to any applicant for a new, renewed or transferred license who:
(a) Who is under the age of nineteen ( l9) years.
(5) Proposes to license a premises for the sale of liquor by the drink at retail, for consumption on
the licensed premises, to serve and se[[ liquor at retail by the drink at a party or convention which
is off the sits of the licensed premises, to sell for consumption on the premises draft beer and
bottled or canned beer or draft beer only and/or to sell wine by the individual glass or open bottle
at retail for consumption on the premises that is conducted for pleasure or profit that is within three
hundred feet (300') of any public school, church or other place of worship, or college, measured
in a straight line from the nearest comer of said building to the nearest entrance of the licensed
premises, except or/in premises in the city center zoning district that have received approval of
the city council threughapublie*eadng. This provision does not apply to licensed premises which
preexisted the public school, church or other places of worship or college.
(6) Has a bar/tavem/lounge where parking lot lighting levels have not been designed, installed
and maintained at a level of at least "one foot-candle" which is defined as a unit measurement of
illuminance on a surface at ground level equal to one lumen per square foot.
Section 2. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Ord. 3437 - Page I
Section 3. This ordinance is hereby declared to be severable. If any portion of this
ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect and shall be read to carry out the purposes ofthe ordinance before
the declaration of partial invalidity.
Section 4. All ordinances, resolutions, orders and parts thereofin conflict herewith are
repealed.
PASSED BY THE COUNCIL OF TIIE CITY OF.CALDWELL, IDAHO, this 4th day of
August, 2022.
APPROVED BY TIIE MAYOR OF THE CITY OF CALDWELL, IDAIIO, this 4th day of
August, 2022.
ATTEST:
Mayor Jarom ,h City Clerk (or Deputy)
oF
Ord. 3437 - Page 2
I
JAN IS
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO.3437
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 6, ARTICLE 7, SECTION 06-07-T3, CALDWELL CITY CODE, PERTAINING
TO THE APPROVAL REQUIRED FOR LICENSES EXCEPTION TO APPLY;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES, RESOLI]TIONS, ORDERS AND PARTS THEREOF,
IN CONFLICT HEREWITH.
Section 1: Amends Chapter 6, Article 7, Section 06-07 --l,3, Caldwell City Code, by removing the
requirement ofa public hearing for an exception for a licensee to be near churches or schools to be issued.
Sections 2 through 4: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law: provides for severability; repeals conflicting ordinances,
resolutions, and orders.
Ordinance No. 3437 provides an effective date, which shall be on the 9th day ofAugust,2022. Ordinance
No. 3437 was passed by the Council and approved by the Mayor on the 4rh day of August, 2022. The full
text ofthe Ordinance is available at Caldwell City Hall, 4l I Blaine Street, Caldwell, Idaho 83605. The
Mayor and City Council approved the foregoing summary on the 4'h day ofAugust , 2022, for publication
on the 9'h day ofAugust,2022, pursuant to ldaho Code S 50-901A.
Mayor Jarom Wagoner
ATTEST: Debbie Geyer, City Clerk
A L ADVISOR
I have reviewed e
believe that it
summarv of ance No. 3437 and provides
adequate io the pub contents of
such
DA fr day of August, 2022.
Mark for City of Caldwell
;.,foregoing summary and
des a true and complete
STATEMENT OF