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Home My WebLink AboutORD 36992025-023621 RECORDED 07/08/2025 03:04 PM 11111111111111111111111111111111111111111111111111111 00875978202500236210040041 RICK HOGABOAM CANYON COUNTY RECORDER BILL NO.47 Pgs=4 PBRIDGES N:f `EE ORDINANCE ORDINANCE NO. 3699 CITY OF CALDWELL AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 6, ARTICLE 7, SECTION 6-7-13, OF THE CALDWELL CITY CODE, PERTAINING TO QUALIFICATIONS OF LICENSEES FOR BEER, WINE AND LIQUOR BY THE DRINK; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Chapter 6, Article 7, Section 6-7-13 of the Caldwell City Code, pertaining to qualifications of licensees for beer, wine and liquor by the drink, be amended as follows: 06-07-13: QUALIFICATIONS OF LICENSEE: No license shall be issued to any applicant for a new, renewed or transferred license who: (1) Is not a bona fide owner of such business. (2) Proposes a premises for the sale of liquor, beer or wine on the premises that does not conform to the laws and regulations of the state of Idaho and to the ordinances of the county of Canyon, the city of Caldwell, which are applicable thereto and which relate to public health, safety, and planning and zoning. (3) Is prohibited from being issued a license because of the occurrence of one or more convictions, events or activities, as set forth below. If one of the following subsections applies to the applicant, or any partner, manager or officer of said applicant (referred to sometimes hereinafter collectively as "applicant"), then a license shall not be issued to said applicant for a period of three (3) years following the occurrence of the event, conviction or activity described. If two (2) of the following apply to the applicant, then a license shall not be issued to said applicant for a period of three (3) to ten (10) years following the occurrence of the most recent event, conviction or activity described, depending upon the severity of the situation and as determined within the sound discretion of the city clerk. If three (3) or more of the following apply to the applicant, the city clerk shall deny the issuance of the license to said applicant for a period of time deemed appropriate in the city clerk's discretion, but in no event less than five (5) years following the most recent occurrence of any event, conviction or activity described in the following ORDINANCE No. 3699- PAGE I subsections. The city clerk shall have the authority and discretion, should the situation be deemed sufficiently severe, to permanently deny the issuance of a license to any applicant to whom three (3) or more of the following subsections are found to apply: A. The applicant has been convicted and/or been granted a withheld judgment for any crime that is defined as a felony in the jurisdiction in which the judgment was entered and/or has paid any fine and/or completed any sentence whether by confinement, probation and/or parole for any said felony; or B. The applicant has been convicted of the violation of any law or regulation of the state, or of the United States, governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or who forfeited or suffered the forfeiture of a bond for their appearance to answer charges to any such violation; or C. The applicant has been convicted of driving a motor vehicle under the influence of alcohol, drugs or any other intoxicating substances as defined in the jurisdiction in which the judgment was entered; or D. The applicant has engaged in the operation, or has interest therein, of any house or place for the purpose of prostitution, or has engaged in the operation of any house or premises within the city limits of Caldwell which has been declared and found to have been a moral nuisance as defined by this code or state law; or E. The applicant has, subsequent to the effective date of this article, been convicted in any jurisdiction or received a withheld judgment for any crime concerning the possession of any controlled substances; or F. The applicant has, for violation of any law or regulation, had a similar license revoked by any jurisdiction granting the license and/or had their license revoked by the state of Idaho or Canyon County; or G. The applicant fails to report the occurrence of any of the foregoing events, convictions or activities either when they occur or when making application for a new, renewed or transferred license. (4) Who is under the age of nineteen (19) 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 sell liquor at retail by the drink at a party or convention which is off the site of the licensed premises, to sell ORDINANCE No. 3699- PACE 2 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 corner of said building to the nearest entrance of the licensed premises, except with the approval of a Special Use Permit by the city council -where permitted in Title 10 on/in premises in the city o..ta zoning this „t that havea received ., aj e fthe eit eouneil. 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/tavern/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. (7) Proposes a licensed premises that is a dangerous building as defined in the current adopted edition of the uniform code for the abatement of dangerous buildings, as adopted by the city. (8) Submits an application which shall contain a false material statement knowingly made. (9) Allows conduct to occur on the licensed premises which is a moral nuisance as defined by the laws of the state of Idaho and/or the ordinances of the city. (10) Allows the licensed premises to be frequented by intoxicated and/or disorderly persons, or if the licensed premises is frequented by persons convicted of crimes of violence and/or controlled substances, and/or lewd or lascivious conduct. (11) Manages and/or operates the licensed premises in such a way as to be a nuisance to surrounding businesses by reason of the conduct of employees or clientele of the licensed premises, where said employees or clientele engage in lewd and/or violent and/or disorderly behavior. (12) Proposes a licensed premises for which a license has already been issued. No premises may have more than one license issued. Section 2. This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. ORDINANCE No. 3699- PAGE 3 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 of the ordinance before the declaration of partial invalidity. Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 71' day of July, 2025. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this Th day of July, 2025. ATTEST: ayor Jaro Wagoner City Clerk or Deputy ,��,.•`01'1 ,� • •• ,�1CORP0� O :: y •� n: • is - C0J ••....•• Pq. ORDINANCE fNo. 3G99 PAGE 4 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3699 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 6, ARTICLE 7, SECTION 6-7-13, OF THE CALDWELL CITY CODE, PERTAINING TO QUALIFICATIONS OF LICENSEES FOR BEER, WINE AND LIQUOR BY THE DRINK; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Section 1: Amends Chapter 6, Article 7, Section 6-7-13 of the Caldwell City Code, pertaining to qualifications of licensees for beer, wine and liquor by the drink, to require a Special Use Permit by the City Council where permitted in Title 10 for any license located within three hundred (300) feet of a public school, church or other place of worship, or college. 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. 3699 provides an effective date, which shall be on the 15" day of July, 2025. Ordinance No. 3699 was passed by the Council and approved by the Mayor on the 7'" day of July, 2025. The full text of the Ordinance is available at Caldwell City Hall, 205 South 6" Avenue, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 7" day of July, 2025., for publication on the 15`" day of July, 2025, pursuant to Idaho Code § 50-901 A. Mayor Jarom Wagoner ATTEST: Debbie Geyer, City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 3699 and provides adequate notice to the public as to the contents of such ordinance. S DATED this 7' day of July, 2025. Oscar Klaas, Attorney for City of Caldwell