HomeMy WebLinkAboutORD 3061 BILL NO. 35
ORDINANCE NO. 3061
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 6, ARTICLE 07, SECTION 06-07-35, OF THE CALDWELL CITY CODE,
ALLOWING FOR A FIVE-DAY MAXIMUM ON VALID ALCOHOL BEVERAGE
CATERING PERMITS; PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 2016;
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. That Chapter 6, Article 07, Section 06-07-35, of the Caldwell City Code,
pertaining to the application for and issuance of alcohol beverage catering permits, be amended
as follows:
06-07-35: ALCOHOL BEVERAGE CATERING PERMIT:
(1) An alcohol beverage catering permit is a permit issued pursuant to this section which
authorizes the permit holder to dispense, serve or sell liquor, beer or wine by the drink at a party
or convention, but said license shall not exceed three (3) five (5) consecutive days upon
obtaining an alcohol beverage catering permit, with an option to request one (1)permit extension
on the same terms and conditions as the original permit, which extension may be issued or
denied at the sole and absolute discretion of the original issuing entity. An alcohol beverage
catering permit shall be limited to authorization to sell or dispense liquor or beer or wine, or any
combination thereof, based upon the type of license which the applicant possesses. In addition,
alternating permits shall not be issued to operate what would be a multiple day per week bar
without a license; secondly, a permit shall not be issued/obtained to a person, or for the benefit of
another person, attempting to circumvent established alcohol licensing procedures, i.e., operating
two (2) separate establishments under one license or for the benefit of a person whose alcohol
license has been revoked or canceled. Applications for such permit shall be made to the city
clerk upon the form prescribed by the chief of police, which shall contain the following
information:
A. The name and address of the applicant and the number of the applicant's state liquor,
beer or wine license and the applicant's county and city liquor, beer, or wine license
number. An alcohol beverage catering permit shall be limited to authorization to sell
liquor or beer or wine, or any combination thereof, based upon the type of license
which the applicant possesses.
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B. The dates and hours during which the permit is to be effective, not to exceed three (3)
five(5) consecutive days.
C. The names of the organizations, groups, or persons sponsoring the event.
D. The address at which the liquor, beer or wine is to be served.
(3)Upon the filing of an application,the city clerk shall, upon the advice and recommendation of
the chief of police and chief of fire, approve or disapprove the application and indicate the
determination on the face of the application by endorsement signed by the clerk of the city.
Copies of the application's signed endorsements thereon shall be mailed or delivered
immediately to the chief of police, and the applicant and a signed copy retained by the clerk.
Section 2. This ordinance shall be in full force and effect from and after July 1, 2016.
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 and parts thereof in conflict herewith
are repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 20th
day of June, 2016.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this
20th day of June, 2016.
ATTEST:
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Mayor Garret Nancolas City Clerk(or Deputy)
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PAGE-2
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO.3061
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER
6, ARTICLE 07, SECTION 06-07-35, OF THE CALDWELL CITY CODE, ALLOWING FOR A
FIVE-DAY MAXIMUM ON VALID ALCOHOL BEVERAGE CATERING PERMITS;
PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 2016; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND
PARTS THEREOF,IN CONFLICT HEREWITH.
Section 1: Amends Chapter 6, Article 07, Section 06-07-35, by extending the maximum amount of
consecutive days for which an alcohol beverage catering permit is valid from three (3) days to five (5)
days, and providing for the chief of fire to review and make recommendation on approval or disapproval
of permit application in addition to chief of police.
Sections 2 through 4: Provides that this ordinance shall be in full force and effect from and after July
1,2016;provides for severability; repeals conflicting ordinances, resolutions,and orders.
Ordinance No. provides an effective date, which shall be on the 1st day of July, 2016. Ordinance
No. was passed by the Council and approved by the Mayor on the 20th day of June, 2016. The full
text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The
Mayor and City Council approved the foregoing summary on the 20th day of June, 2016, for publication
on the 27th of June,2016,pursuant to Idaho Code § 50-901A.
Mayor Garret 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. 3061 and provides
adequate notice to the public as to the contents
of such ordinance.
DATED this 20th day of June,2016.
Mark Hilty,Attorney for City of Caldwell