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HomeMy WebLinkAboutORD 707BILL NO. ORDINANCE, N0. 72 Z BY CCTJ NCILMAN I AN ORDINANCE LICENSING THE RETAIL- SALE; OF LIQUOR BY THE DRINK Iii THE CITY OF CALDuVELL; FROVIDING THE MANNER OF MhKING APPLI- CATICN FOR SUCH LICENSES AND THE FORM AND CONTENT OF SUCH APPLICATION; PROVIDING THE PROCEDURE FOR THE CONSIDERA'T'ION OF APPLICATIONS AND THE ISSUANCE OF LICENSES; PROVIDING THE ANICUNT OF THE LICENSE FEE; PROVIDING THE PERIOD OF THE LICENSE AND THE PRORATION OF THE LICENSE FEE WHEN ISSUED FOR A PORTION OF A CALEEDAR YEAR; PROVIDING THE FORM OF THE LICENSE ISSUED AND LISTING PERSONS NOT QUALIFIED TO BE LICENSED; PROHIBITING THE ISSUANCE, OF LICENSE FOR ANY PREMISES IN ANY NEIGHBORHOOD WHICH IS PREDOMINATELY RESIDENTIAL GR ,WITHIN 300 FE OF ANY PUBLIC SCHOOL, CHURCH, Oh OTHER PLACE OF 1 4JORSHIP '01T'H EXCEPTIONS; PROVIDING THE HOURS ThIiT LIQUOR MAY BE SOLD UPON LICENSED PREM- ISES; PROVIDING AND ENUMERATING UNLAWFUL PRACTICES IN CONNECTION ;JITH RETAIL SALE OF LIQUOR BY THE DRINK; PERMITTING CHIEF OF POLICE OR POLICE OFFICERS TO EXAMINE I-R EMISES; PROHIBITING THE ADVERTISING OF HANDLING OR SALE OF LIQUOR; PROVIDING THE PEN- ALTY FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; REPEAL- ING ALL ORDINANCES AND FARTS OF ORDINANCES IN CONFLICT HEhEWITH; PROVIDING THE EEFECTIVE DAZE OF THIS ORDIN.�kNCE, Section 1. Definitions: a. "Liquor" when used in this ordinance means all kinds of liquor sold by and in a State Liquor Store of the.State of Idaho. b. "Person's means every individual, partnership, corporation, organization, or association holding; a retail liquor license, whether conducting the business singularly or collect- ively. C. "Premises" means the room in which the sale of liquor by the drink at retail is authorized by the Commissioner of Law Enforcement of the State of Idaho. d. "Interdicted person!' means a person to whom the sale of liquor is prhhibited under the laws,of the State of.Idaho. e e. "Bartender's means any person whether agent, ser- vant, employee, licensee, or in any other capacity who pours, mixes, prepares, serves, or delivers any liquor by the drink upon any licensed premises. All other words or phrases used in this ordinance, the definitions of which are not herein given, shall be given the ordinar,2V and commonly understood and accepted meaning. Section 2. It shall be lawful to sell liquor by the drink retail within the City of Caldwell, Idaho, in accordance with the provisions of Chapter 274, 1947 Idaho Session Laws and this ordinance, provided a license for the retail sale of 1 liquor by the drink has been first obtained from the Commissioner of Law Enforcement of the State of Idaho and provided a license as set forth in this ordinance. is obtained from the City of Caldwell, Idaho; the issuance of such license for the retail sale of liquor by the drink to be jubject to the rules and regulations and provisions contained in Chapter 274, 1947 Idaho Session Laws and this ordinance. Section 3. Before any retail sales of liquor by the drink may be made within the City of Caldwell, an application for a license for such sale of liquor by the drink shall be filed with the Clerk of the City of Caldwell on an application formprovided by the City of Caldwell therefor, said applica- tion shall provide among other things the following information: a. The name of the applicant; b. Whether the applicant is an individual, partner- ship, or corporation; if a partnership, the names of the partner -s; or if a corporation, the names of the officers and directors; c. A detailed description of the premises for which the license is sought; -2- - a d. A detailed statement of the assets and liabilities of the applicant; e. The namesaid addresses of all persons who will have any financial interest in any business to be carried on in and upon the licensed premises, whether such interest results from open loan, mortgages, conditional sales contracts, silent partnerships, trusts or any other basis than open trade accounts incurred in the ordinary course of business, and the amounts of such interests; f. If the premises to be licensed are not owned by the applicant, then a certified copy of the Lease by which he will occupy the premises showing that the owner consents to the sAle of liquor by the drink on such premises; g. lne names and address of the applicant, which shall include all members of a partnership or association and the officers, members of the governing board, and ten principal stockholders of a corporation; h. A copy of the articles of incorporation and by -laws of any corporation"Lthe articles of association and the by, -laws of any association, or the articles of partnership of any partner- ship; i. A statement that the applicant has been issued a license for thelretail sale of liquor by the drink by the Com- missioner of Law Enforcement of the State of Idaho; j. If during the period of any license hereunder any change shall take place in any of the requirements of sub - paragraphs (e), (f), (g), or (h) of this Sectionj the licensee shall forthwith make a verified report of such change to the City Clerk.. Such application shall be signed and verified by the.' applicant and if the applicant shall be a partnership, it shall -3- be signed and verified by one of the partners, or if the applicant be a corporation or an association, it shall be signed and verified by an officer of such corporation or association. With the application, the applicant shall deposit in lawful money of the United States of America a sum equivalent to the amount of the 1:1.cense fee hereinafter provided in this ordin- ance Such application shall be filed with the Clerk of the City of Caldwell, Idaho, at least two days prior to a regular or special meeting of the Council of the City of Caldwell, Idaho. Upon filing, the City Clerk shall notify the Chief of Police of the City of Caldwell, Idaho that such application has been filed and at or prior to the next following meeting of the!buncil of the City of Caldwell, said Chief of Police shall present his findinp,,s and in writing on the question of whether the license sought should be granted. No license under this ordinance shall be issued except upon resolutions duly adopted by the for and Council of the City of Caldwell, Idaho. The license fee so paid to the City Clerk at the time of making an application shall be held by the City Clerk pending final action upon the application by the Council and the Mayor of the City of Caldwell, Idaho. Should the application be denied, the license .fee so paid shall be returned to'the applicant. If the,applicant is approved, the license fee shall be retained by the City Clerk who shall thereupon issue to the applicant license hereinafter provided for. Section 4. The license fee to be paid for the retail sale of liquor by the drink in the City of Caldwell, Idaho shall be the sum of $750.00 for each calendar year; and if the license be issued in any other month than January of each year the license fee shall be prorated for the remainder of the license year as Em of the first day of the actual month of issue. Section 5. The license issued under this ordinance shall set forth the name of the person to whom issued, location by street and number of other definite designation of the premises, and such other information as the Mayor and Council of the City of Caldwell shall deem.tecessary. If issued to a partnership, the names of the persons constituting such partnership shall be set forth. If issued to a corporation or association, the names of the principal officers and the governing board shall be set forth.' Such license shall be signed by the licensee and shall be non-transferable. Every license issued under the provisions of this ordinance is separate and distirt.,and no person except the person therein named shall exercise any privilege granted thereunder and all licenses are applicable only in respect to the premises to which theylare issued. Section 6. Persons not qualified to be licensed. No license shall be issued to: ' a. An individual who is not a citizen of the United States or who has not been a bona fide resident of the State of Idaho for at least one year next preceding the granting of such license; or to a partnership unless all members thereof are citizens of the United States and have been residents of the.`8tate of Idaho for at least one year; or to a corporation or association unless the same is organized under the laws of the State of Idaho or qualified under the laws of the Stateof Idaho to do business in this State unless the principal officers and members of the governing board are citizens of the United States and residents of the State of Idaho for at least one year. b. Any person, or any of its member; officers, or governing board, who has been convicted of any violation of the DZI laws of the United ' States, the State of Idaho, or any other State of the United Sttes, relating to the importation, trans- porta,tion,nanufacture or sale of liquor; or who has been con- victed of any felony or has paid any fine or completed any sentence of confinement of any felony within five years prior to the date of making application for a license. C. A person who is engaged in the operation, or interested therein, of any house or place for the purpose of prostitution or who has been convicted of any crime or misdemeanor opposed to decency or morality. I d. A person whose license issued under Chapter 274, 1947 Idahok3e ssion Laws has been revoked; an individual who was a member of a partnership or .association which was a licensee under Chapter 274, 1947 Idaho Session Laws and whose license has been revoked; an individual who was an officer, comber of the govern ing board, or one of the ten 11 principal stockholders of a corpor- ation which was ai-licensee under 274, 1947 Idaho Session Laws and whose license has been revoked; a partnership or associ- ation, one of whose members was a licensee under Chapter 274, 1947 Idaho Session Laws and whose license was revoked; a corporation, one of whose officers, member of the governing board or tan prin- cipal stockholders was a licensee under the provisions of Chapter 274, 1947 Idaho Session Lawa'and whcEe license has been revoked; an•iassociation or partnership, one of whose members was a member of a partnership or association licensed under the provisions of Chapter 274, 1947 Idaho Session Laws and whose license has been revoked;'a,partnership or association, one of whose members was an officer, a member of the governing board, or one of the ten prin- cipal stockholders of a corporation licensed under the provisions of Chapter 274, 1947 Idaho Session Laws and whose license has been revoked; a corporation, one of whose officers, member of the governing board, or ten principal stockholders was a member of a partner -ship or association licensed under the provisbns of Chapter 274, 1947 Idaho Session Laws and.whose license was revoked; a corporation, one of whose officers, member of the governing board, or ten principal stockholders was an officer, member of the governing board, or one of the ten principal stockholders of a corporation licensed under the provisions of Chapter 274, 1947 Idaho Session Laws and whose license was revoked. e. Any officer or employee of the State of Idaho, counties, or municipalities of the State of Idaho. f. Any officer, agent, or employee of any distillery,• winery, brewery, or any wholesaler, or jobber, of liquor or malt beverages. g. A person who does not hold a retail beer license under the laws of the State of Idaho. h. A person licensed under Chapter 274, 1947 Idaho Session Laws as a bartender and whose permit as bartender has been revoked. Section 7. No license shall be issued for any prem- ises in any neighborhood which is predominately residential or within 300 feet of any public achool, church, or any other place of worship, measured in a straight line to the nearest entrance of the licensed premises, except with the approval of the(governg body of the municipality; provided, that this limitation shall not apply to any duly licensed premises that at the time of licensing did not come within the restricted area but subsequent to licensing dame therein. -7- Section 8. No liquor shall be sold, offered for sale, or given away, consumed, allowed or permitted to be -- consumed upon any licensed premises during the following hours: a. Sunday, Memorial Day, Thanksgiving and Christmas from 1:00 o'clock A.M. to 10 o'clock A.M. the following day. b. On any other day between 1:00 o'clock A.M. and 10 :00 o'clock A.M. c. On any day of a general or primary election until after the time when the polls are closed. Section 9. It shall be unlawful for any licensee to 8411, give away, dispense, vend, or deliver any liquor in any fashion or by means or device, excEpt upon the licensed premises. It shall be unlawful for any licensee to permit, conduct, play, carry on, open or cause to be opened any gaming in or upon the licensed premises or in or upon any premises directly connected by a door, hallway, or other means of access from the licensed premises with the exception of coin operated amusement devices and punch boards, chance spindles and /or chance prize games or any other form of gaming permitted by and under the laws of the State of Idaho. Section 10. No licensee or his or its employed agents, servants, or bartenders shall sell, deliver, or give away, or cause to permit to be sold, delivered, or given away, any liquor to: 1. Any person under the age of 21 years. 2. Any person actually, apparently or obviously intox- icated. 3. A habitual drunkard. 4. An interdicted person. 5. An Indian. 6. Any person under the age of 21 years, Indian or other person, who knowingly misrepresents his or her qualifications for 10 the purpose of obtained- .liquor from such licensee shall be equally guilty with such licensee and shallm upon conviction thereof, be guilty of a misdemeanor. Section 11. The Chief of Police or any police officer of the City of Caldwell shall have the right at any time to make an examination of the premises of any licensee as to whether the laws of the State of Idaho, the rules and regulations of the Commissioner of Law Enforcement of the State of Idaho, and this ord- inance are being complied with. Section 12, It shall be unlawful for any licensee to adopt or use any name, sign or advertisement outside of the licensed premises advertising the handling or sale of liquor. ,Section 13. It shall be unlawful for any ;person to keep or maintain any room or premises in which liquor is received or kept, whether owned by such person or by another person, or to which liquor is brought, for consumption on the premises by members of the public or of any club, incorporated or unincorpor- ated, a corporation or association, unless such person and the premises are licensed under Chapter 274, 1947 Idaho Session Laws and this ordinance. Section 14. A violation of the provisions of this ordinance shall constitute a misdemeanor and any person so viola- ting such provisions shall be guilty of a misdemeanor and upon conviction shall be fined not to exceed t'400.00 and upon failure to pay fine, shall be committed to the custody of the Chief of Police and confined in the City Jail at the rate of'yp1-50 per day until such fine is paid in full,. Section 15, All ordinances or parts of ordinances of the City of Caldwell in conflict herewith shall be repealed. Ws Section lb. This ordinance shall take effect from and after July 1, 1947. PISSED By the Council of the City of Caldwell, this day of June, 1947• .APPROVED By the Mayor of the City of C this 3 day of June, 1947. T Mayor. ATTEST: CltyG erg,