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HomeMy WebLinkAboutORD 1739BILL NO. 24 ORDINANCE N0. AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, BY REPEALING CHAPTER 7 OF TITLE IV OF THE CITY CODE REGARDING BEER REGULATIONS AND ADDING A NEW CHAPTER 7, TITLE IV OF THE CITY CODE; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER OR PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALD- WELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That Chapter 7 of Title IV of the Municipal Code of the City of Caldwell, Canyon County, Idaho be repealed. Section 2. That a new Chapter 7, Title IV, be added to the Municipal Code of the City of Caldwell with regard to Beer Regula- tions. 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: BEER: Any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt, and /or other ingre- dients in drinkable water. RETAIL: Any person engaged in the distribution of beer to the customer for consumption by the customer upon licensed premises, or for sale for 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 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, finan- cial 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. 1 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 (30) 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, for actual manager or officer or employee or spouse of whom has, within three (3) years preceding such application, been convicted of the viola- tion of any law of the State, or of the United States regulating, governing or prohibiting the sale of alocholic beverages or intoxicating liquor, or has within two (2) 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 (5) years or has paid a fine or completed any sentence of confinement therefor within five (5) 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 thereof that such qualifications, have ceased to exist, then the governing body may suspend or revoke the license previously issued. (C) Any establishment which 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. (D) A retail license shall not be issued to: 1. Any person whose license has been revoked. 2 0 f 2. Any person, or to any corporation or partnership where any of its partners 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 (5) years prior to the date of making application for license. 3. A person who is engaged in the operation, or is inter- ested 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 (19) years. 5. Any place where beer is sold or dispensed to be con- sumed 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 col- lege, 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 persent (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: REVOCATION OF LICENSE: The right shall be and remain at all times vested in the Mayor and Council, and the Mayor and Council may, as hereinafter provided revoke, cancel or suspend any license for fraud and misrepresentation in its procure- ment, or: 1. For a violation of the letter, spirit or intent of any other provision of this Code or of State Code, or of United States laws regulating beer. 2. Or for any conduct or act of the licensee or his employees or any conduct or act permitted by him or them on the premises where such business is conducted, or in connection therewith or adjacent thereto, tending to ren- der such business or such premises where the same is conducted as a public nuisance or menace to the health, peace, safety or general welfare of the City. Provided, that in the event of a cancellation or revocation of said 3 r f State or Federal license, the license granted by the Clerk shall be automatically cancelled by the Clerk, who shall report such cancel- lation at the first regular meeting of the Council; provided, fur- ther that in the event the applicant is unable to obtain a State or Federal license within thirty (30) days after receiving a City license, the license granted hereunder by the Clerk shall be auto- matically revoked and cancelled, and shall be so reported by the Clerk at the first meeting of the Council thereafter. 4 -7 -7 NOTICE OF HEARING: Whenever information shall come to the Mayor, Clerk, Chief of Police, City Attorney, or any other officer of the City, that any licensee has committed any act render- ing his license subject to revocation, it shall be the duty of the officer having such information to forthwith submit the facts in writing to the Council. Should it appear to the Council from such report or from other information that there is reasonable grounds for the revocation of such license, Upon determination by City Council that reasonable grounds exist for a hearing as to whether or not a license should be revoked, cancelled, or suspended, the licensee shall be personally srved with a notice of hearing setting a time and a place upon which the licensee can appear for the purposes of responding to the report given to the City Council seeking revocation or suspension. That hearing shall be set no sooner than seven (7) days, nor later than thirty (30) days, from the mailing of a copy of said report to the licensee. The hearing shall be for the purpose of the City Council determining whether or not the license shall be revoked, cancelled or suspended. 4 -7 -8 HEARING ON REVOCATION OR SUSPENSION OF LICENSE. Any vio- lation 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, cancel, or suspend any beer license at any time after hearingon the matter 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 employ- ees. 4 -7 -9 INVESTIGATION OF APPLICANT: Upon receiving an application for a new, an application for a license renewal, or an application for a license transfer, the Clerk shall investigate the statements contained in the application, the premises where the applicant proposes to do business, and make such other and further investiga- tions as he may deem proper to ascertain whether the applicant conforms to all of the requirements of this Chapter and, report his findings, together with the original application, to the Mayor and Council. All applications and the reports of the Clerk shall be by him placed on the regular semi - monthly calendar of the Council. The Council shall consider all applications and reports and may grant or refuse to grant a license. Upon the granting of a license by the Council, the Clerk shall cause to be issued a license on a form to be furnished and provided for that purpose and signed by him, to the applicant upon the payment to the Clerk of the license fees required 2 0 - 9 by this Chapter. Provided, however, a decision must be made by the City Council within thirty (30) days of the final submission of an application. Whenever the City Council denies any application, the Council shall specify in writing: (A) The statutes, ordinances and standards used in evaluating the application; (B) The reasons for denial; and (C) The actions, if any, that the applicant could take to obtain the license, transfer, or renewal thereof. 4 -7 -9 PERIOD FOR WHICH LICENSE IS ISSUED: All licenses issued under the provisions of this Chapter shall run from January 1 through December 31. All such licenses shall expire on December 31 of the year in which they shall be issued, notwithstand- ing the fact that such license may have been issued after January 1. 4 -7 -10 RIGHT TO HEARING UPON DENIAL OF LICENSE: Upon denial of any license application, whether for new license, license renewal, or license transfer, the applicant shall be entitled to a hearing before the City Council within fourteen (14) days of the determination by the City Council denying said application. That hearing shall be for the purpose of the Applicant presenting testi- mony to the City Council regarding the application. At that hearing a transcribable verbatim record of the proceeding shall be created. The Applicant may submit testimony and documents in support of its application. The City Clerk, Chief of Police, or any other City Official, may present new evidence or rebuttal evidence to the City Council establishing grounds for denial or approval of the applica- tion. 4 -7 -11 LICENSE FEE: (A) All applications for a retailer's beer license shall be accompanied by receipt from the City Clerk for the re- quired 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 prem- ises 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. 5 0 0 (C) The approved applications and licenses and license trans- fers shall be obtained and issued by the City Clerk upon approval of the City Council, Police Chief, Building In- spector and /or Fire Chief. 4 -7 -12 FINANCIAL INTEREST LIMITED: No manufacturer, wholesaler, stockholder, partner or owner of any 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 -13 PREMISES DESCRIBED; NAME INTERESTED PERSONS; APPROVAL OF OWNER OF PREMISES: In addition to the foregoing qualifi- cations 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 follow- ing: (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 interest in any business to be carried on, in or 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 account incurred in the ordinary course of business and the amounts and nature of such interests including shareholders with names and addresses provided. (C) If the premises to be licensed are not owned by the appli- cant, then it shall be incumbent upon the leasee to furn- ish 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 offi- cers, members of the governing board and principal stock- holders of a corporation. 4 -7 -15 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. 4 -7 -16 PROSCRIBED AND PROHIBITED CONDUCT OR ACTIVITIES: 2 a • (A) It is unlawful, and the license therefor issued to the person and place of business shall be subject to revoca- tion or suspension or denial of renewal upon the happening of any of the following events or development of any of the following circumstances: 1. If 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. If the place of license becomes a nuisance to sur- rounding businesses or residences by the conduct of the clientele or employees to include but not limited to: lewd or disorderly public behavior, maintaining unreason- able noise levels or failure to provide adequate parking. 3. If the licensee, its management or employees fail to report in a timely manner any fight, disturbance or other criminal acts occurring in their premises or immediate vicinity, to the police department. 4. If 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. 6. If the licensee has not provided adequate security the interior and exterior of the premises for the duration of any live music performance at the establishment covered by this license. 7. If the place of business violates any of the provisions of Idaho State Code, Title 23, Chapter 10 concerning beer regulations. Section 3. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 4. This ordinance shall be in full force and effect from and after its passage, approval, and publication accord- ing to law. PASSED BY THE CITY COUNCIL of the City of Caldwell this 5th day of December , 1986. APPROVED BY THE MAYOR of the City of Caldwell this 5th day of December , 1986. 1=68 Attest: 7 s