Ordinance - 2005 - 513 - Prohibit Duplicate Licenses - 04/12/2005ORIGINAL
SCANNED
ORDINANCE No. 513
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL
CORPORATION OF THE STATE OF IDAHO, AMENDING TITLE 3, CHAPTER 2C
SECTION 8 OF THE EAGLE CITY CODE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Eagle is a municipal corporation organized and operated under
the laws of the State of Idaho; and
WHEREAS, and the Eagle City Council finds that it is in the best interest of the City of
Eagle that liquor licenses are not duplicated and used on the same premises; and
NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF EAGLE, Ada County, Idaho;
Section 1: Title 3, Chapter 2C Section 8 of the Eagle City Code is hereby amended as
follows:
3-2C-8 FORM, RENEWAL, AND TRANSFER OF LICENSE:
Every license issued under this article shall be issued by the city clerk upon direction of
the city council and shall set forth the name of the person to whom issued, the location,
by street and number or other definite designation, of the premises, and such other
information as the city clerk deems necessary. If issued to a partnership, the names of the
persons constituting the 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 prominently displayed in the place of
business at all times. Every license issued under the provisions of this article is separate
and distinct, and no person except the licensee therein named, except as herein otherwise
provided, shall exercise any of the privileges granted thereunder.
No person shall be granted more than one license in the city for any one year. No
partnership, association, or corporation holding a license under this chapter shall have as
a member, officer, or stockholder any person who has any financial interest of any kind
in, or is a member or an officer of, another partnership, association, or corporation
holding a license in the city for the same year. Nor shall anv duplication of licenses be
permitted on the same premises.
Renewal applications for licenses accompanied by the required fee must be filed with the
city clerk prior to the expiration date listed on the license. Any licensee holding a valid
license who fails to file an application for renewal of his current license shall have a
grace period of an additional thirty one (31) days in which to file an application for
renewal of his license and during which time he shall not be permitted to sell and
dispense liquor by the drink at retail.
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K:.COUNCILIOrdinances\Ord 513.doc
Application to transfer any license issued hereunder shall be made to the city clerk. Upon
receipt of such application, together with a transfer fee in the amount of ten percent
(10%) of the purchase price of the liquor license upon sale or fifty percent (50%) of the
annual license fee for transfers other than sale, the city clerk shall make the same
investigation as provided under section 3-2C-5 of this article and submit such application
for transfer to the city council, which shall, by motion or other official action, grant or
deny the transfer of said license. In the event the city council grants the transfer of said
license, the license shall be endorsed to the proposed transferee by said licensee for the
remainder of the period for which such license was issued, and the city clerk shall note
approval of such transfer on such license. No transfer fee shall be collected for transfers
described in section 23-908(5)(a), (b), (c), (d), or (e), Idaho Code.
Section 2: This Ordinance, or a summary thereof in compliance with Section 50-901A,
Idaho Code, shall be published once in the official newspaper of the City, and shall take
effect immediately upon its passage, approval, and publication.
Adopted by the Eagle City Council, Eagle, Idaho, on this 12th day of April, 2005.
CITY OF EAGLE, IDAHO
Ada County, Idaho
N. cy C. errill
Ma or
ATTEST:
Sharon K. Bergmann
City Clerk/ Treasurer
v •
Z*
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K:ICOUNCIL10rdinances1Ord 513.doc
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: CI •�y a f' E a(.1)
Identification:
Address: _310 J • S1 J f • Run Dates:
Ea (, 7171t
(L
Attention:
Number Lines
ORDINANCE No. 513
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL COR-
PORATION OF THE STATE OF IDAHO, AMENDING TITLE 3, CHAPTER 2C
SECTION 8 OF THE EAGLE CITY CODE; AND PROVIDING AN EFFECTIVE
DATE. u . Z ) c".O
WHEREAS, the City of Eagle is a municipal corporation organized and oper-
ated under the laws of the State of Idaho; and
WHEREAS, and the Eagle City Council finds that it is in the best interest of the
City of Eagle that liquor licenses are not duplicated and used on the same premises;
and
NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUN-
CIL OF THE CITY OF EAGLE,Ada County, Idaho;
have as a member, officer, or stockholder any person who has any financial interest
of any kind in, or is a member or an officer of, another partnership, association, or
corporation holding a license in the.city for the same year. Nor shall any duplication
of licenses be permitted on the same premises.
Renewal applications for licenses accompanied by the required fee must be filed
with the city clerk prior to the expiration -date listed on the license. Any licensee
holding a valid license who fails to file an application for renewal of his current
license shall have a grace period of an additional thirty one (31) days in which to file
an application for renewal of his license and during which time he shall not be
permitted to sell and dispense liquor by the drink at retail.
Application to transfer any license issued hereunder shall be made to the city
clerk. Upon receipt of such application, together with a transfer fee in the amount
of ten percent (10°.o) of the purchase price of the liquor license upon sale or fifty
percent (50°o) of the annual license fee for transfers other than sale, the city clerk
shall make the same investigation as provided under section 3-2C-5 of this article
and submit such application for transfer to the city council, which shall, by motion
or other official action, grant or deny the transfer of said license. In the event. the
city council grants the transfer of said license, the license shall be endorsed to the
proposed transferee by said licensee for the remainder of the period for which such
license was issued, and the city clerk shall note approval of such transfer on such
license. No transfer fee shall be collected for transfers described in section 23-
908(5)(a), (b), (c), (d), or (e), Idaho Code.
Section 2: This Ordinance, or a summary thereof in compliance with Section
50-901A, Idaho Code, shall be published once in the official newspaper of the City,
and shall take effect immediately upon its passage, approval, and publication.
Adopted by the Eagle City Council, Eagle, Idaho, on this 12th day of April,
2005.
CITY OF EAGLE, IDAHO
Ada County, Idaho
Nancy C. Merrill
Mayor
ATTEST:
Sharon K. Bergmann
City Clerk/ Treasurer
RECEIVED & FILED
CITY OF EAGLE
APR 2 9 2005
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omason, being duly sworn, deposes
ays: That he is the Principal Clerk of
as, a weekly newspaper published at
County, State of Idaho; that the said
;r is in general circulation in the said
f Ada, and in the vicinity of Meridian,
Eagle, and has been uninterruptedly
led in said County during a period of
t consecutive weeks prior to the first
s notice, a copy of which is attached
and that the notice was published in
s, in conformity with Section 60-108,
ode, as amended, for j time(s)
ar and entire issue of said paper, and
n the newspaper proper, and not in a
nt; and that said notice was published
on the following dates:
ng e, ,,; 1 Z S ? oo
�I,:I as -r ?ooff'
STATE OF IDAHO )
)SS
COUNTY OF ADA )
day of b' ' in the year of 2005
a Notary ublic, personally appeared
n or identified to me to be the person
subscribed to the within instrument,
t duly swom, declared that the
and acknowledged to me that
he executed the same.
Notary Public for Idaho
Residing at Boise, 10
ommission expires: 0^ Z 3- 7
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