HomeMy WebLinkAboutORD 3390ORDINANCE NO.3390
BILL NO.72
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 6, ARTICLE 7, SECTION 06-07-35, GOVERNING ALCOHOL BEVERAGE
CATERING PERMITS; PROVING 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. That Chapter 6, Article 7, Section 06-07-35 of the Caldwell City Code 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,
special event, or convention, but said license shall not exceed five (5) consecutive days upon
obtaining an alcohol beverage catering permit, with an option to request one 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; , a'�atiag
pei:fnits sha4l net be issued to operate what would be a mialfiple day per -week bar- withetA a lieeftse;
A. a 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establishments under one license or for the benefit of a person whose alcohol license has been
revoked or canceled: and.
B. No location may have more than twenty-four (24) days in any calendar year where
alcohol is served pursuant to a catering permit or permits.
(2) Applications for saeh a catering permit under this section 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.
B. The dates and hours during which the permit is to be effective, not to exceed 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 with a detailed description
or diagram of the location where the alcoholic beverages are to be served and sold.
(32) The application shall be verified by the applicant and filed with the City Clerk at least five
(5) business days prior to the day on which the event for which the permit is requested will occur.
A filing fee in the maximum amount allowed by the State of Idaho for each day the permit is to be
effective shall be paid to the City Clerk which shall not be refunded in any event.
(344) Upon the filing of an application, the City Clerk shall, upon receiving approval or denial
from the Chief of Police and Chief e Fire Chief, 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, permit, and endorsements shall be retained by the Clerk. The
Clerk shall forward copies of said document to the Alcohol Beverage Control department of the
Idaho State Police.
Section 2. This ordinance shall be in full force and 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 and parts thereof in conflict herewith are
repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 20`" day of
December, 2021.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 2001 day of
December, 2021.
ATTEST:
Mayor Garret Nancolas City Clerk (or Deputy)
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3390
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 69
ARTICLE 7, SECTION 06-07-35, GOVERNING ALCOHOL BEVERAGE CATERING PERMITS;
PROVING 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 06 07-35, Caldwell City Code, by placing a numerical cap
on the number of catering permits that may be issued for any one location in the City of Caldwell.
Sections 2 tbrough 4: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law; provides for severability; repeals conflicting ordinances,
resolutions, and orders.
Ordinance No. 3390 provides an effective date, which shall be on the 28" day of December, 202I.
Ordinance No. 3390 was passed by the Council and approved by the Mayor an the 201 day of December,
2021. The full text ofthe Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho
83605. The Mayor and City Council approved the foregoing summary on the 20t, day of December, 2021,
for publication on the 28'h day of December, 2021, 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. 3390 and provides adequate notice to
the public as to the contents of such ordinance.
DATED this 20* day of December, W21.
Mark Hilty, Attorney for City of Cgl /