HomeMy WebLinkAbout1991-10-23city council minutesBook 32
Page 188
SPECIAL MEETING
October 23, 1991
12:00 Noon
The Meeting was called to order by Mayor Dakan.
The Roil of the City Council was called with the following
members present: Nancolas, Carpenter, Houchins, Raymond, and
Valdez. Absent: Murdoch.
(SECOND READING OF BILL NO. 26 AMENDING THE CITY CODE REGARDING
LIQUOR, BEER, AND WINE LICENCES; BILL NO. 27 AMENDING THE CITY
CODE REGARDING BARTENDER'S LICENSES, AND BILL NO. 28 ESTABLISHING
CONTESTED HEARING PROCEDURES)
Mayor Dakan explained that the purpose of the Special Meeting
being called was to proceed with the second reading of Bills
No. 26, No. 27, and No. 28. Recommendations from the
Committee working on these Bills were presented to the City
Council on October 21st, 1991. At that time, the City
Council approved the recommendation from the Committee and
scheduled the Special Meeting after the Bills were corrected
to have the second reading.
Councilman Nancolas asked the City Attorney if the Bills
basically included the proposed changes as discussed at the
last Meeting.
Mr. Gigray stated that this was right. One of the changes
was adding that the payment of the fees was not required
until the issuance of the license. Another change included
was having to do with the qualifications required of the
licensee as it related to felony convictions and witheld
judgements. It was the changing of the positioning of the
language of witheld judgements to have it follow convictions
so that it wouldn't act as a preclusion or forever and that
it would also fall into that five year close out. If you
were more than five years past a witheld judgement or a
conviction for a felony and have paid the fine and served the
time and etc., then you become eligible again to hold a
license.
Councilman Raymond commented that they talked at the last
meeting as to whether or not the current bartenders are
grandfathered. He thought they were not in the corrected
copy.
The City Attorney agreed that this was correct - bartenders
were not grandfathered.
Councilman Raymond asked if a second offense on a D.U.I. is
more serious. Does this constitute a felony or is it the
third? Mr. Gigray informed Councilman Raymond that it was
the third offense. There was considerable discussion
regarding this issue. Mr. Gigray stated that the Bill at
this time reads that if they get a witheld judgement either
for bartending or for a license, that will not disqualify
them. The City Attorney pointed out that the recommendation
from the Committee was to not grandfather them in. However,
the decision would be up to the City Council and could be
easily changed before the final reading of the ordinance.
The Attorney representing the barowners and several of the
barowners were present at the meeting and were included in
the discussion. The Chief of Police suggested that his
Department could run a check on all of those holding
bartender's licenses to determine how many of them would be
affected by the wording in the proposed bill. However, he
further stated that it would take some time.
It was then MOVED by Raymond to amend Bill No. 27 to allow
the grandfathering of current holders of bartender's permits
to be allowed to renew. The motion died for a lack of a
Book 32
Page
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Book 32
Page 190
SUSPENSION OF LICENSE AND REVOCATION OF LICENSE BY THE CLERK;
PROVIDING FOR THE REGULATION OF THE HOURS OF THE SALE OF
LIQUOR, BEER, AND WINE AND FOR CONSUMPTION OF BEER, LIQUOR
AND WINE AND DECLARING IT UNLAWFUL AND A MISDEMEANOR FOR THE
SALE AND /OR CONSUMPTION OF LIQUOR UPON LICENSED PREMISES
DURING THE HOURS OF 1:00 O'CLOCK A.M. THROUGH 10:00 O'CLOCK
A.M_, AND BEER AND WINE UPON LICENSED PREMISES DURING THE
HOURS OF 1:00 O'CLOCK A.M. THROUGH 6:00 O'CLOCK A.M., AND FOR
LIQUOR ON SUNDAY, MEMORIAL DAY, 9''HANKSGIVING DAY, CHRISTMAS
- DAY AND DURING CERTAIN HOURS BEING 1:00 O'CLOCK A.M. TO 10:00
O'CLOCK A.M. FOR LIQUOR AND 1:00 O'CLOCK A.M., TO 6:00
O'CLOCK A.M. FOR BEER AND WINE, AND DECLARING IT A
MISDEMEANOR TO CONSUME OR PERMIT TO CONSUME LIQUOR, BEER
AND /OR WINE DURING SAID PROHIBITED TIMES UPON LICENSED
PREMISES; PROVIDING FOR A RIGHT OF INSPECTION BY THE CITY
CLERK, CITY FIRE MARSHAL, CITY BUILDING OFFICIAL, CITY POLICE
AND ANY OTHER POLICE OFFICERS OR THEIR DESIGNEES, OF THE
PREMISES LICENSED UNDER THE ORDINANCE; PROVIDING FOR THE
REGULATION OF LIQUOR CATERING PERMITS INCLUDING THE
QUALIFICATIONS FOR THE ISSUANCE OF THE LICENSE; PROVIDING FOR
AN APPLICATION OR THE FILING OF THE APPLICATION; SETTING
FORTH CRITERIA FOR THE DENIAL OF THE APPLICATION AND
PROVIDING FOR A PROCESS FOR APPEAL OF A DECISION OF THE CITY
CLERK; PROVIDING FOR THE APPOINTMENT OF THE CITY CLERK AS THE
AGENT TO ACT ON BEHALF OF THE COUNCIL IN THE GRANTING OF
LIQUOR CATERING PERMITS; PROVIDING FOR THE APPLICATION OF THE
CONTESTED HEARING PROCEDURE ORDINANCE TO THE ADMINISTRATION
OF THIS ORDINANCE; REPEALING CHAPTER 7, 14, AND 19 OF TITLE
IV AND PROVIDING A SAVINGS CLAUSE AND PROVIDING A
SEVERABILITY CLAUSE, REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT WITH THIS ORDINANCE; AND PROVIDING
FOR THE ORDINANCE TO TAKE FULL FORCE AND EFFECT AFTER THE
PASSAGE, APPROVAL AND PUBLICATION.
MOVED by Nancolas, SECONDED by Carpenter that this be
considered the second reading of Bill No. 26.
Roll call vote. Those voting yes: Nancolas, Carpenter,
Houchins, Raymond, and Valdez. Those voting no: none.
Absent and not voting: Murdoch.
MOTION CARRIED
The Mayor informed those in the audience that the third
reading would not come until the first meeting in November.
If any of them had further information or questions, he would
encourage them to submit those concerns in writing to the
Mayor's Office. He further stated that he would see that the
Members of the City Council received copies.
Bill No. 27 was as follows:
AN ORDINANCE AMENDING TITLE I OF THE MUNICIPAL CODE OF THE
CITY OF CALDWELL, CANYON COUNTY, STATE OF IDAHO, PERTAINING
TO ADMINISTRATION BY ADDING A NEW CHAPTER 25, SECTIONS 1 -11,
TO PROVIDE A TITLE TO BE KNOWN AS, THE CITY OF CALDWELL
CONTESTED HEARING PROCEDURES ORDINANCE; PROVIDING CERTAIN
DEFINITIONS, TO WIT: AGENCY, CONTESTED CASES, LICENSE,
-- LICENSING, PARTY, PERSON, QUASI:- JUDICIAL; PROVIDING THE
APPLICABILITY OF THE ORDINANCE TO ANY AGENCY OR TO THE CITY
COUNCIL WHEN THE AGENCY OR CITY COUNCIL ARE ACTING IN A
QUASI - JUDICIAL CAPACITY; THE APPLICABILITY TO THE GRANTING,
DENIAL, OR RENEWALS OF LICENSES AND IN CONTESTED MATTERS
BEFORE THE PLANNING AND ZONING COMMISSION; PROVIDING A
PROCEDURE BY WHICH LICENSE APPLICATIONS SHALL BE PROCESSED,
SETTING FORTH CERTAIN REQUIREMENTS WHEN AN AGENCY DENIES AN
APPLICATION; DEFINING WHEN A LICENSE EXPIRES, PROVIDING FOR
GIVING NOTICE OF REVOCATION, SUSPENSION, ANNULMENT, OR
WITHDRAWAL OF A LICENSE; PROVIDING FOR EMERGENCY
CIRCUMSTANCES WHEN PUBLIC HEALTH, SAFETY, AND WELFARE ARE
IMPERATIVE; PROVIDING FOR APPEALS TO THE CITY COUNCIL OF
AGENCY DETERMINATIONS; DEFINING INTERESTED PARTIES; PROVIDING
A NOTICE AND HEARING AND RECORDS PROCEDURES FOR HEARING
CONTESTED CASES; PROVIDING A PROCEDURE FOR THE ADOPTION OF
Book 32 191.
BY Hr, '_�`T,NG FOR l APPO J_. 1 4 ENT
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M"A Nance ,'
Is, "ENDED Car
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fur a.-..- busJ=�. c Specio Meet`, � be ar' at 12.1 C
P. m.
APPRCV .D AS tten T 4th HIS D? ,_ O F
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Count p ens Coun. , -, perso 1
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A T T E S T I '
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