HomeMy WebLinkAboutORD 2874BILL NO. 15
ORDINANCE NO. 2874
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 7, SECTION 13 OF THE
CALDWELL CITY CODE REGARDING THE QUALIFICATIONS OF LICENSEES
FOR THE SALE OF LIQUOR, BEER OR WINE; 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 Council of the City of Caldwell, County of Canyon, State
of Idaho:
Section 1. Chapter 6, Article 7, Section 13 of the Caldwell City Code, regarding the
Qualifications of Licensee for the sale of liquor, beer or wine, shall be amended as follows:
06- 07 -13: QUALIFICATIONS OF LICENSEE:
No license shall be issued to any applicant for a new, renewed or transferred license who:
(5) 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 exce t
on/in premises in the City Center zoning district that have received approval of the City
Council through a public hearing This provision does not apply to licensed premises
which preexisted the public school, church or other places of worship or college.
Section 2. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby
repealed, rescinded and annulled.
Section 3. This ordinance shall be in full force and in effect from and after its passage, approval
and publication, according to law.
Section 4. 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
BILL No. 15 (ORD. NO. 2874) QUALIFICATIONS OF LICENSEE FOR ALCOHOL PAGE 1 OF 2
full force and effect and shall be read to carry out the purposes of the ordinance before the
declaration of partial invalidity.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO,
this day of , 2011.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO,
this , day of , 2011.
ATTEST:
Garret Nancolas, Mayor D Geyer, City CI
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BILL No . 15 ( No. 2874) QUALIFICATIONS OF LICENSEE FOR ALCOHOL PAGE 2 OF 2
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2874
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 6, ARTICLE 7, SECTION 13 OF THE CALDWELL CITY CODE REGARDING
THE QUALIFICTIONS OF LICENSEES FOR THE SALE OF L IQUOR, BEER OR WINE;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN
CONFLICT HEREWITH.
Section 1: Amends Chapter 6, Article 7, Section 13 of the Caldwell City Code, regarding the
Qualifications of Licensee for the sale of liquor, beer or wine, as follows:
(1) Provides a provision allowing premises in the City Center zoning district to request approval,
through a public hearing with City Council, for serving and selling of liquor, beer and /or wine
within three hundred feet (300') of a school, church or other place of worship, or college.
Section 2: Repeals conflicting ordinances, resolutions and orders.
Section 3: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 4: Provides for severability.
Ordinance No. 2874 provides an effective date, which shall be when published in the Idaho Press
Tribune on the 28 day of March, 2011. Ordinance No. 2874 was passed by the Council and approved
by the Mayor on the 21 day of March, 2011. The full text of the Ordinance is available at Caldwell
Planning & Zoning Department, 621 Cleveland Boulevard, Caldwell, Idaho. The Mayor and City
Council approved the foregoing summary on the 21" day of March, 2011 for publication on the 28
day of March, 2011, pursuant to Idaho Code 50 -901A.
Mayor Garret L. Nancolas
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR:
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of Ordinance
No. 2874 and provides adequate notice to the public as to
the contents of such ordinance.
DATED this 21" day of March, 201
Mark Hilty, Attorney for City of Ca