HomeMy WebLinkAboutORD 1795i
BILL NO. 25
ORDINANCE NO. 1795
AN ORDINANCE TO AMEND TITLE IV OF THE MUNICIPAL CODE OF THE
CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING
THE FOLLOWING WHICH WILL BE DESIGNATED AS CHAPTER 24 OF SAID
TITLE IV REGARDING BARTENDER'S PERMIT: PROVIDING BARTENDER
PERMIT FEE; QUALIFICATIONS; POSSESSION OR DISPLAY;
APPLICATION; UNLAWFUL EMPLOYMENT; RIGHT TO INSPECT;
REVOCATION OR SUSPENSION; HEARING ON REVOCATION OR SUSPENSION
OF LICENSE; FEES; TEMPORARY LICENSE; BARTENDER DEFINITION;
EXCEPTIONS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR
PARTS THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, IDAHO:
Section 1. That Title IV of the Municipal Code of the City
of Caldwell, County of Canyon, State of Idaho, shall be amended
by adding the following which shall be designated as Chapter 24
of said Title IV of said City Code:
4 -24 -1: BARTENDER'S PERMIT FEE: It shall be unlawful for
any person to act as a bartender in any licensed premises unless
such person shall hold a permit issued by the Caldwell Police
Department. Said bartender shall have the permit on his person
or displayed in the bar where he is employed. All permits
granted shall be for a period of up to one year beginning January
1st and ending December 31st and shall not be transferable.
4 -24 -2: QUALIFICATIONS: The applicant shall comply with
all statutorily required conditions to tend bar as shall be
established by the State of Idaho. In addition, the applicant
shall verify to the City at the time of application for a
bartender's permit that he has fully reviewed the statutes
affecting the sale of alcoholic beverages as established in the
Caldwell City Ordinance and has reviewed the provisions of the
Idaho Code affecting the sale of alcoholic beverages.
The applicant shall promote compliance with the
laws and regulations to insure the protection, welfare and safety
of Caldwell citizens. Any violation of this provision may
result in the immediate revocation of the individual's bartender
permit.
4 -24 -3: APPLICATION: Application for a permit shall be
made on the forms furnished by the Caldwell Police Department.
It shall be unlawful for anyone to knowingly put any false
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information on an application, and it shall be grounds for the
immediate revocation of the individual's bartender permit.
4 -24 -4: UNLAWFUL EMPLOYMENT: It shall be unlawful to
employ or permit the employment of, or otherwise utilize the
services on the premises of any bartender not having in force a
valid license under this chapter.
4 -24 -5: RIGHT TO INSPECT: Any Caldwell Police Officer, or
any other law enforcement officer shall have the right at any
time to make an examination of the license of any bartender who
is serving alcoholic beverages.
4 -24 -6: REVOCATION OR SUSPENSION - The City council may,
after conducting a review of the facts and giving the bartender a
hearing as outlined below, suspend for any time period or revoke
the license of any bartender who:
1. Violates any of the qualifications of this
act.
2.
Violates any of the provisions of this act.
3.
Allows, condones, or has knowledge of any
illegal activity on the premises of where
he /she is serving alcoholic beverages.
4.
Fails to cooperate in any criminal
investigation concerning incidents where
he /she is serving alcoholic beverages.
4 -24 -7: HEARING ON REVOCATION OR SUSPENSION OF LICENSE -
1.
Prior to any revocation or suspension, the
bartender shall be afforded an opportunity for
a hearing before the City Council. Said
hearing must be requested within 7 days of his
receiving a notice of intended suspension or
revocation.
2.
Prior to any hearing, the licensee may
petition the Council that a monetary payment
be allowed in lieu of the license suspension
or revocation. If the Council determines such
payment to be consistent with the purposeand
the intent of this ordinance and is in the
public interest, they shall establish a
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monetary payment in an amount not to exceed
$500.00 in lieu of suspension or revocation.
This is not a mandatory requirement for the
City Council and is left to their complete
discretion.
3. Whenever any licensee who has exercised the
privilege granted under subsection (2) shall
be found guilty of a subsequent violation,
he /she will be ineligible to petition again
for the monetary penalty in lieu of suspension
or revocation.
4 -24 -8: FEES: The annual fee for a bartender's license is
$2.50. This fee shall not be prorated and an applicant will pay
for the full year in which he makes application for a bartender's
license. Said bartender's permit shall expire on December 31st
of the year it is issued.
4 -24 -9: TEMPORARY LICENSE: Any licensee upon having an
emergency that finds them without a licensed bartender availalble
to work, may obtain a temporary permit for a person to serve as
bartender from the ranking Police Officer on duty at the time of
the unavailability of a bartender. The permit will only be good
until the next regular business day.
4- 24 -10: BARTENDER DEFINITION: Bartender means any person
whether agent or employee or in any other capacity prepares or
dispenses any alcoholic beverage as his /her primary occupation.
4- 24 -11: EXCEPTIONS: Liquor or beer license holders named
on the license shall be exempt from this fee, but will be
required to have a bartender's permit if they serve alcohol.
Section 2. If any sections, portions or parts of this
ordinance are found to be invalid, the remainder of the act shall
be construed as if any invalid or unenforceable provision were
omitted. This ordinance shall be in full force and affect as of
Janunary 1, 1989.
PASSED BY THE CITY COUNCIL of the City of Caldwell this
19th day of December
Y 1988.
APPROVED BY THE MAYOR of the City of Caldwell this 19th
day of December 1988.
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