Loading...
HomeMy WebLinkAboutORD 1661M • BILL NO. 26 ORDINANCE NO. 1661 AN ORDINANCE REPEALING CHAPTER 7, TITLE IV, OF THE CITY CODE OF THE CITY OF CALDWELL AS IT PERTAINS TO SALE AND DISTRIBUTION OF BEER AND ENACTING A NEW CHAPTER 7, TITLE IV, OF THE CITY CODE AS IT PERTAINS TO BEER SALES AND REGULATIONS ESTABLISHING APPLICABILITY, DEFINITIONS, LICENSE REQUIRED, NATURE OF APPLICATION, QUALIFICATION OF LICENSEE, REFUSAL OF LICENSE, TRANSFER OR RENEWAL, PERIOD FOR WHICH LICENSE IS ISSUED, REVOCATION OR SUSPENSION OF ,LICENSE, LICENSE FEE, FINANCIAL INTEREST LIMITED, PREMISES DESCRIBED -NAME INTERESTED PERSONS - APPROVAL OF OWNERS OF PREMISES, LICENSEE TO REPORT CHANGES, PRESCRIBED AND PROHIBITED CONDUCT OR ACTIVITIES, HOURS OF SALE: REPEALING ALL SECTIONS INCONSISTENT THEREWITH: PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. BE IT ORDAINED BY THE MAYOR AND COUNCIL, CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, THAT: Section 1. Chapter 7, Title IV of the City Code of Caldwell, Canyon County, Idaho, be repealed. Section 2. Chapter 7, Title IV, of the City Code of Caldwell, Canyon County, Idaho, be enacted to read as follows: 4 -7 -1: APPLICABILITY: The following provisions of this chapter shall govern and be applicable to the issuance of licenses, the rejection thereof, the qualifications of licensees and other matters pertaining to licenses for the sale of beer as the same is defined in this chapter. 4 -7 -2: DEFINITIONS: For the purposes of this chapter, the words set out in this section are defined as follows: A. "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt, and /or other ingredients in drinkable water. B. "Retailer" means any person engaged in the distribution of beer to the customer for consumption by the customer upon licensed premises, or for sale or consumption not on the premises. 4 -7 -3: LICENSE REQUIRED: It is unlawful and punishable as a misdemeanor for any person to sell, deal in, lend or dispose of by gift, sale or otherwise any beer without first having obtained a license under the provisions of this chapter. 4 -7 -4: NATURE OF APPLICATION: All applications for license to sell beer as a retailer shall be made on forms to be supplied by the City Clerk setting forth under oath the name of the person applying for such license, his age, representations as to his character as ORDINANCE - 1 may be required, his citizenship, the exact location where the business is to be carried on, the business in connection with which the proposed licensee will operate, whether the applicant is owner or operator of the business, and likewise state under oath what persons, if any, other than himself have any interest, financial or otherwise, in the business proposed to be carried on at such licensed premises, and setting forth in the application the names of any person to whom the applicant is indebted in connection with the business and any other matters that may be required. 4 -7 -5: QUALIFICATIONS OF LICENSEE: A. No retail license shall be issued to any applicant or for a transfer thereof to any transferee, who: 1. Is not a bona fide owner of such business, or is not a citizen of the United States, or has not been a bona fide resident of the State for a period of thirty days prior to the date of application; provided, that if the applicant is a partnership, all partners shall be such citizens, and at least one thereof, or the actual active manager therefor, shall have been such resident, and if the applicant is a corporation, such corporation shall be qualified to do business within the State, and the manager of such business place shall be such citizen and shall have been such resident; 2. Has, or any partner has, or actual manager or officer or employee or spouse of whom has, within three years preceding such application, been convicted of the violation of any law of the State, or of the United States, regulating, governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or has within two years forfeited or suffered the forfeiture of a bond for his appearance to answer charges to any such violation; 3. Has, or any partner or actual active manager or officer of whom has been convicted of any felony within five years or has paid a fine or completed any sentence of confinement therefor within five years. B. A retailer licensee must continue through the license period to have all of the foregoing qualifications and none of the foregoing disqualifications, and for failure therein, upon proof ORDINANCE - 2 thereof thattuch qualifications, have Ased to exist, then the governing body may suspend or revoke the license previously issued. C. A retail license shall not be issued to: 1. Any person whose license has been revoked; 2. Any person, or any one of its members, officers, or governing board who has been convicted of any violation of the laws of the United States, the State of Idaho, or any other State of the United States, relating to the importation, transportation, manufacture or sale of liquor or beer as described in this chapter or who has been convicted of any felony or has paid any fine or completed any sentence of confinement for any felony within five years prior to the date of making application for license; 3. A person who is engaged in the operation, or is interested therein, of any house or place for the purpose of prostitution or who has been convicted of any action or misdemeanor opposed to decency or morality; 4. Any person under the age of nineteen years; 5. Any place where beer is sold or dispensed to be consumed on the premises, whether 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. Provided, however, a license shall be granted to a place of business in the R -1, R -2, or R -3 Residential Zones for the retailing of bottled beer or canned beer, none of which is to be consumed on the premises, with the approval, in writing of seventy -five percent (75 %) of the property owners within a radius of three hundred feet (300') from the established property line of the premises whereupon the beer is to be sold. This Section shall in no way alter, amend or repeal any of the provisions of the zoning regulations. 4 -7 -6: REFUSAL OF LICENSE, TRANSFER OR RENEWAL: The City Council reserves the right to refuse application, transfer, or renewal for beer license under the provision of Section 23 -1016 of the Idaho Code. The City Council shall within thirty days from ORDINANCE - 3 0 0 submission of application make their decision as to denial or approval. 4 -7 -7: PERIOD FOR WHICH LICENSE IS ISSUED: All licenses issued under the provisions of this chapter shall run from January 1st through December 31st. All such licenses shall expire on December 31st of the year in which they shall be issued, notwithstanding the fact that such license may have been issued after January 1st. 4 -7 -8: REVOCATION OR SUSPENSION OF LICENSE: Any violation of any of the provisions of this chapter or any falsification or any misrepresentation in the application shall be cause for revocation or suspension; provided, however, that prior to any revocation or suspension the licensee shall be afforded an opportunity for a hearing according to Idaho State Code, 23 -1016. The right is hereby vested in the Council to revoke or cancel any beer license at any time for violation of the provisions of the Idaho Code or the provisions of this Chapter of the City Code by the licensee or licensee's employees. 4 -7 -9: LICENSE FEE: A. All applications for a retailer's beer license shall be accompanied by receipt from the City Clerk for the required annual fee for the respective license and such fee shall be paid into the General Fund. Upon rejection of any application for a license, the City Clerk shall refund the amount collected. B. The annual fee for a retailer's beer license shall be: 1. Two hundred dollars ($200.00) where such retailer sells bottled, canned, or draft beer and the same is consumed on the premises. 2. Fifty dollars ($50.00) for retailing of bottled or canned beer none of which is to be consumed on the premises where sold. 3. A transfer fee of Twenty dollars ($20.00) shall be paid to the City prior to any transfer of a beer license. C. The approved applications and licenses and license transfers shall be obtained and issued by the City Clerk upon approval of the City Council, Police Chief, Building Inspector and /or Fire Chief. 4 -7 -10: FINANCIAL INTEREST LIMITED: No manufacturer, wholesaler, stockholder, partner or owner of any ORDINANCE - 4 0 0 other interest of any corporation, association or partnership, financially interested in the manufacture, transportation (except the public carriers) or sale of beer shall hold any interest in any premises licensed under this chapter for the sale of beer or receive any rental or remuneration for such premises. 4 -7 -11: PREMISES DESCRIBED - - NAME INTERESTED PERSONS - - APPROVAL OF OWNER OF PREMISES. In addition to the foregoing qualifications required and the other provisions of this chapter, no person shall receive a license for the sale of beer unless and until his application for such license under oath shall set forth the following: A. A detailed description of the premises for which a license is sought and its location; B. The names and addresses of all persons who will have any financial interested in any business to be carried on, in and upon the licensed premises, whether such interest results from open loans, mortgages, conditional sales contracts, silent partnerships, trusts, or any other basis than upon trade accounts incurred in the ordinary course of business and the amounts and nature of such interests including shareholders with names and addressed provided. C. If the premises to be licensed are not owned by the applicant, then it shall be incumbent upon the leasee to furnish a certified copy of the lease by which he will occupy the premises, or, if the owner is a corporation, that it has consented to the sale of beer on the premises, and further furnishing evidence that the lease, by which the leasee is entitled to possession of the property, has been recorded with the County Recorder. D. The name and address of the applicant which shall include all members of a partnership or association and the officers, members of the governing board and principal stockholders of a corporation. 4 -7 -12: LICENSEE TO REPORT CHANGES: If, during the period of any license issued under this chapter, any change takes place in any of the requirements set forth in this chapter, the licensee shall forthwith make a verified report of such change. ORDINANCE - 5 • • 4 -7 -13: PRESCRIBED AND PROHIBITED CONDUCT OR ACTIVITIES: A. It is unlawful, and the license therefor issued to the person and place of business shall be subject to revocation or suspension upon the happening of any of the following events or development of any of the following circumstances upon proof being furnished to the City Clerk or to the Police Department: 1. If it appears to the Police Department that the place of business or licensed premises is being frequented by intoxicated and /or disorderly persons, or if the place of business is frequented by persons known to be law violators; 2. When the place of business to which a license has been issued is being operated by any person other than the licensee named in the license; 3. Prior to the issuance of a beer license provided for in this Code, the applicant shall have satisfied the City Building Official that adequate parking area illumination has been installed to prevent theft and vandalism. 4. The licensee shall provide for adequate security of the interior and exterior of the premises for the duration of any live music performance at the establishment covered by this license. B. It is unlawful, and the license shall be subject to revocation or suspension as provided for in this chapter, should any licensee sell beer not to be consumed on the premises or if to be consumed on the premises, permit the sale of beer by any person and /or employee under the age of nineteen years or leave beer on the premises under the supervision and control of or accessible to persons and /or employees other than the licensee under the age of nineteen years. 4 -7 -14: HOURS OF SALE. It is unlawful to sell, or to offer for sale, on any premises, beer as defined in this chapter between the hours of one a.m. and seven a.m. Section 3. All ordinances or parts of ordinances in conflict here- with are hereby repealed. ORDINANCE - 6 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 CITY COUNCIL of the City of Caldwell this 9th day of Novembe , 1983. APPROVED BY THE MAYOR of the City of Caldwell this 9th day of November , 1983. ATTEST: City Cle ORDINANCE - 7