HomeMy WebLinkAboutORD 1312NO. 23
ORDINANCE NO. 1312
BY COUNCILMAN I MoCluskey
AN ORDINANCE TO AMEND TITLE 4, CHAPTER 19, SECTIONS 1, 2, 6
AND 8, OF THE CITY CODE OF THE CITY OF CALDWELL, COUNTY OF
CANYON, STATE OF IDAHO, BY REPEALING SAID SECTIONS 1, 2, 6
AND 8 OF SAID TITLE 4, CHAPTER 19 OF THE CITY CODE, AND BY
SUBSTITUTING THEREFOR NEW SECTIONS 1, 2,6 AND 8 AS HEREINAFTER
SET FORTH.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That Title 4, Chapter 19 of the City
Code of Caldwell, Canyon County, State of Idaho, be amended
by deleting therefrom Sections 1, 2, 6 and 8 of said Title 4,
Chapter 19.
Section 2. That Title 4, Chapter 19 shall be
further amended by adding thereto the following which shall
be designated as Sections 4 -19 -1, 4 -19 -2, 4 -19 -6, and
4 -19 -8, to wit:
4 -19 -1: DEFINITIONS: The following terms as used
in this Act are hereby defined as follows:
(A) "Wine" shall mean any alcoholic beverage contain-
ing not more than fourteen percent (14 %) alcohol by
volume obtained by the fermentation of the natural sugar
content of fruits or other agricultural products con-
taining sugar.
(B) "Commissioner" means the Commissioner of Law
Enforcement of the State of Idaho.
(C) "Retail Wine License" means a license issued by
the Commissioner, authorizing a person to sell wine at
retail.
(D) "Retailer" means a person to whom a retail
wine license has been issued.
(E) "Person ",includes an individual, firm, copartner-
ship, association, corporation or any group or combination
acting as a unit, and includes the plural as well as the
singular unless the intent to give a more limited meaning
is disclosed by the context in which it is used.
(F) "Wine by the drink license" means a license to
sell wine by individual glass or opened bottle at retail,
for consumption on the premises only.
4 -19 -2: LICENSE REQUIRED:
It shall be lawful for any person to sell wine at
retail or wine by the drink, within the corporate limits
of the City after having first procured a license therefor.
4 -19 -6: ISSURANCE OF LICENSE:
Upon filing the application for a license and
production of evidence as required by Section 4 herein
as to the qualifications of the applicant and by the
payment of the required license fee, the Clerk shall,
upon approval of the Council, issue to the applicant a
license to sell wine at retail or wine by the drink
within the Municipality for such calendar year or the
remainder thereof.
4 -19 -8: CONSUMPTION ON PREMISES:
Retailers who do not possess a valid license for the
retail sale of liquor by the drink or a valid license
for the retail sale of wine by the drink shall not permit
consumption of wine on the licensed premises and may sell
the wine only in its original unbroken, sealed container.
Wine sold by the drink or wine sold by the retailer for
consumption off the premises of the retailer may be sold
only during the hours that beer may be sold pursuant to
the laws of this State.
Section 3. That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 4. This ordinance shall be in full force
and effect from and after its passage, approval and publication
according to law.
PASSED By the Council of the City of Caldwell, this
19th day of November, 1973.
APPROVED By the Mayor of the City of Caldwell, this
19th day of November, 1973.
Mayor
ATTEST: