Loading...
HomeMy WebLinkAboutORD 2773� w C BILL NO. 53 ORDINANCE NO. 2773 za �' d AN ORDINANCE ENACTED BY THE CALDWELL CITY COUCIL MENDING CHAPTER 6, ARTICLE 7, SECTION 06- 07 -13, RELATING TO QUALIFICATIONS OF LICENSEES FOR SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED, by the Mayor and City Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1: That Chapter 6, Article 7, Section 06 -07 -13 of the Caldwell City Code is amended as follows: 06- 07 -13: QUALIFICATIONS OF LICENSEE: No license shall be issued to any applicant for a new, renewed or transferred a nd/or- t h e ro ,.,l of and/or- for the tfansf of , license who: (1) Is not a bona fide owner of such business. (2) Proposes a premises for the sale of liquor, beer or wine on the premises that does not conform to the laws and regulations of the State of Idaho and to the ordinances of the County of Canyon, the City of Caldwell, which are applicable thereto and which relate to public health, safety, and planning and zoning. (3) Is prohibited from being issued a license because of the occurrence of one or more convictions events or activities, as set forth below. If one of the following subsections apply to the applicant, or any partner, manager or officer of said applicant referred to sometimes hereinafter collectively as "applicant "), then a license shall not be issued to said pplicant for a period of three (3) gars following the occurrence of the event, conviction or activity described. If two of the following apply to the applicant, then a license shall not be issued to said applicant for a period of three (3) to ten (10) years following the occurrence of the most recent event conviction or activity described, depending upon the severity of the situation and as determined within the sound discretion of the City Clerk. If three or more of the following apply to the applicant, the City Clerk shall deny the issuance of the license to said applicant for a period of time deemed appropriate in the City Clerk's discretion but in no event less than five (5) years following the most recent occurrence of any event, conviction or activity described in the following subsections. The City Clerk shall have the authority and discretion should the situation be deemed sufficiently severe, to permanently 1 0 deny the issuance of a license to any applicant to whom three (,3) or more of the following subsections are found to apply: A. The applicant has been convicted and/or been granted a withheld judgment for any crime that is defined as a felony in the jurisdiction in which the judgment was entered and/or has paid any fine and/or completed any sentence whether by confinement, probation and/or parole for any said felon or B. The applicant has been convicted of the violation of any law or regulation of the State, or of the United States, governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or whom forfeited or suffered the forfeiture of a bond for their appearance to answer char to any such violation; or C. The applicant has been convicted of driving a motor vehicle under the influence of alcohol, drugs or any other intoxicating substances as defined in the jurisdiction in which the judgment was entered; or D. Has engaged in the operation, or has interest therein, of any house or place for the purpose of prostitution, or has engaged in the operation of any house or premises within the City limits of Caldwell which has been declared and found to have been a moral nuisance as defined by this City code or State law, or E. Subsequent to the effective date of this Article, been convicted in any jurisdiction or received a withheld judgment for any crime concernin the possession of any controlled substances; orl4 pai4ner- has, or- aetual manager- or- offieer- of whom has.: • x. Subsequent rc6- the - ° crr eccure vr - mra - Arircn,ccn cviir'rvcccc .. the possession of any a n su F. Has, for violation of any law or regulation, had a similar license revoked by any Jurisdiction granting the license and/or had their license revoked by the State of Idaho or Canyon Count or G. Fails to report the occurrence of the any of the foregoing events, convictions or activities either when they occur or when making application for a new, renewed or transferred license. (54) Who is under the age of nineteen (19) years. (65) Proposes to license a premises for the sale of liquor by the drink at retail, for consumption on the licensed premises, to serve and sell liquor at retail by the drink at a party or convention which is off the site of the licensed premises, to sell for consumption on the premises draft beer and bottled or canned beer or draft beer only and/or to sell wine by the individual glass or open bottle at retail for consumption on the premises that is 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. This provision does not apply to licensed premises which pre- existed the public school, church or other places of worship or college. (76) Has a bar /tavern/lounge where parking lot lighting levels have not been designed, installed and maintained at a level of at least one (1) foot - candle which is defined as a unit measurement of illuminance on a surface at ground level equal to one (1) lumen per square foot. Existing par-king lot lighting may be this S ibseetion not later- than May 1, 1992. • (97) Proposes a licensed premises that is a dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildingsl, as adopted by the City. ( Submits an application which shall contain a false material statement knowingly made. (4-0 Allows conduct to occur on the licensed premises which is a moral nuisance as defined by the laws of the State of Idaho and/or the ordinance of the City. (4-10) Allows the licensed premises to be frequented by intoxicated and/or disorderly persons, or if the licensed premises is frequented by persons convicted of crimes of violence and /or controlled substances, and /or lewd or lascivious conduct. (1-211) Manages and /or operates the licensed premises in such a way as to be a nuisance to surrounding businesses by reason of the conduct of employees or clientele of the licensed premises, where said employees or clientele engage in lewd and/or violent and/or disorderly behavior. (12) Proposes a licensed premises for which a license has already been issued. No premises may have more than one (1) license issued. Section 2: This ordinance shall be in full force and in effect from and after its passage, approval and publication, according to law. Section 3: This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this --'� r +day of 2008. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this_ day o , 2008. ATTEST: Mayor Garret L. NancolggN,..._