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HomeMy WebLinkAboutORD 1318BILL NO. 5 ORDINANCE NO. 1318 BY COUNCIIMN McCLU AN ORDINANCE TO AMEND TITLE 4, CHAPTER 7, SECTION 12, BY PROVIDING THAT BARTENDERS LICENSE SHALL BE ISSUED BY THE CLERK RATHER THAN THE COUNCIL; TO AMEND TITLE 4, CHAPTER 7, TO PROVIDE THAT A BARTENDERS LICENSE AND BEER LICENSE SHALL BE RENEWED BY THE CLERK AND NOT BY THE COUNCIL UN- LESS A PROTEST OR OBJECTION IS FILED ON OR BEFORE DECEM- BER 31 OF EACH YEAR TO THE RENEWAL OF SAID LICENSE, IN WHICH EVENT, SAID LICENSE SHALL BE ISSUED BY THE COUNCIL AFTER PUBLIC HEARING AT WHICH TIME ANY OBJECTION MAY BE SUBMITTED TO THE COUNCIL; TO AMEND TITLE 4, CHAPTER 14, TO PROVIDE THAT A LIQUOR LICENSE SHALL BE RENEWED BY THE CLERK RATHER THAN THE MAYOR AND COUNCIL UNLESS A PROTEST OR OBJECTION IS FILED ON OR BEFORE DECEMBER 31 OF EACH YEAR TO THE RENEWAL OF SAID LICENSE IN WHICH EVENT, SAID LICENSE SHALL BE ISSUED BY THE COUNCIL AFTER PUBLIC HEAR- ING AT WHICH TIME ANY OBJECTION MAY BE SUBMITTED TO THE COUNCIL; TO AMEND TITLE 4, CHAPTER 19, SECTION 6, TO PRO- VIDE THAT A WINE LICENSE SHALL BE ISSUED BY THE CLERK RATHER THAN THE COUNCIL; TO AMEND TITLE 4, CHAPTER 19, TO PROVIDE THAT A WINE LICENSE SHALL BE RENEWED BY THE CLERK AND NOT BY THE COUNCIL UNLESS A PROTEST OR OBJEC- TION IS FILED ON OR BEFORE DECEMBER 31 OF EACH YEAR TO THE RENEWAL OF SAID LICENSE, IN WHICH EVENT, SAID LICENSE SHALL BE ISSUED BY THE COUNCIL AFTER PUBLIC HEARING AT WHICH TIME ANY OBJECTION MAY BE SUBMITTED TO THE COUNCIL; REPEALING ALL ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, THAT: SECTION 1. That Title 4, Chapter 7, Section 12, of the Ordinance of the Municipal Code of the City of Caldwell, be, and the same is hereby amended to read as follows: 4 -7 -12: BARTENDERS REQUIRED TO HAVE LICENSE: It shall be unlawful for any person to act as a bartender in any premises licensed under the provisions of this Chapter unless such person shall hold a permit therefor issued by -1- the Seuneil Clerk Applications for a permit shall be made on forms furnished by the Clerk and shall be accompanied by a permit fee of five dollars ($5.00). All permits shall be g+ acted -by- the- �4a ®�- a�� -Ceae� for a period of one (1) year beginning January 1 and ending December 31. SECTION 2. That Title 4, Chapter 7 of the Ordinance of the Municipal Code of the City of Caldwell, be, and the same is hereby amended by adding a section thereto to be known as Title 4, Chapter 7, Section 16, which said Section shall read as follows: 4 - - RENEWAL OF LICENSE: All beer licenses and bartender licenses as herein provided shall be renewed by the Clerk after written application for renewal which said written application shall be filed with the Clerk accompanied by an affidavit of the applicant showing such applicant to be qualified by the provisions of this Chapter and the laws of the State of Idaho. Said application for renewal of a beer license must state the place of business with respect to which the license is to be renewed and must contain a floor plan for the building for which the permit or license is requested and shall be accompanied by a copy of the lease of said building and said lease shall show a consent of the owner of the building. The applicati must be accompanied by a receipt from the Clerk for the amount of the license fee; provided, however, that before a licen shall be renewed, the licensee must have pr o c ured the required license from the proper officials of Canyon County. Provided further that in the event a protest or objection to the renewal of said -2- license or permit is filed with the Clerk on or before December 31 of each calendar year, then and in that event, said applica tion for renewal shall be submitted to the Council and issued only after approval by the Council SECTION 3. That Title 4, Chapter 14, of the Ordinance of the Municipal Code of the City of Caldwell, be amended by adding a section thereto to be known as Title 4, Chapter 14, Section 11, which said Section shall read as follows: 4- 14 -11: RENEWAL OF LICENSE: All liquor licenses as herein rovided shall be renewed by the Clerk after written application for renewal which said written application shall be filed with the Clerk accompanied by an Affidavit of the applicant showing such applicant to be qualified by the provisions of this Chapter and the laws of the State of Idaho. Said application must state the place of business with respect to which the license is to be renewed and must contain a floor plan for the building for which the permit or license is requested and shall be accom panied by a copy of the lease of said building and said lease shall show the consent of the owner of the building. The appli cation must be accompanied by a receipt from the Clerk for the amount of the license fee; provided however, that before a license shall be renewed, the licensee must have procured the required license from the proper officials of Canyon County. Provided further, that in the event a protest or objection to the renewal of said license or permit is filed with the Clerk on or before December 31 of each calendar year, then and in that event, said application for renewal shall be submitted to the Council and Ws issued only after approval by the Council SECTION 4. That Title 4, Chapter 19, Section 3 of the Ordinance of the Municipal Code of the City of Caldwell, be amended to read as follows: 4 - - APPLICATION FOR LICENSE: Application for license and application for renewal of license shall be in writing, signed and sworn to by applicant upon application forms furnished by the Clerk. Such application shall be filed by the Clerk. 9 - tlie- Hayes- and- Sei4nei-1 - tire - next- Faeeti-ng e €- the- seaae�l- �e�- tkei�- a�p�e�al;- �e�ee '�iee- e�- €a�the�- ee�aide�atiee- SECTION 5. That Title 4, Chapter 19, Section 6, of the Municipal Code of the City of Caldwell, be amended to read as follows: 4 - - ISSUANCE OF LICENSE: Upon filing the application for a license and /or application for renewal of 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 �tpe- app�sal- a -t�se Se�ine44 issue to the applicant a license to sell wine at retail within the Municipality for such calendar year or the remainder thereof. Provided however, that in the event an objection or protest to the issuance or renewal of said license is filed with the Clerk then and in that event. said application shall be submitted to the Council and issued only after approval by the Council. -4- SECTION 6. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. 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 4th day of March , 1974. APPROVED BY THE MAYOR of the City of Caldwell this lath day of March , 1974. ATTEST: a Cler % t/ -5-