Ordinance - 2011 - 655 - Amending Hours Of Sale For Beer - 03/22/2011 ORDINANCE NO. 655
AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 3, CHAPTER 2A, SECTION
3; TITLE 3, CHAPTER 2A, SECTION 5; TITLE 3, CHAPTER 2B, SECTION 1; TITLE 3,
CHAPTER 2B, SECTION 5; TITLE 3, CHAPTER 2B, SECTION 6; TITLE 3, CHAPTER
2C, SECTION 5; TITLE 3, CHAPTER 2C, SECTION 7; TITLE 3, CHAPTER 2C,
SECTION 8; ENACTING EAGLE CITY CODE TITLE 3, CHAPTER 2A, SECTION 11
REGULATING THE HOURS OF SALE OF BEER; ENACTING EAGLE CITY CODE
TITLE 3, CHAPTER 2C, SECTION 12; ENACTING EAGLE CITY CODE TITLE 3,
CHAPTER 2, SECTION 2 DELEGATING THE AUTHORITY TO ISSUE OR DENY
ALCOHOLIC BEVERAGE LICENSES AND PERMITS TO THE CITY CLERK
PRESERVING APPELLATE RIGHTS BEFORE THE COUNCIL; PROVIDING A
CATERING PERMIT APPLICATION PROCEDURE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A CODIFICATION CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Eagle is a municipal corporation operating under the laws of the
state of Idaho; and
WHEREAS, Idaho Code, Title 23 authorizes cities to regulate by ordinance the issuance
or denial of alcoholic beverage licenses and permits;
WHEREAS, the Mayor and City Council of the City of Eagle deem it to be in the public
interest to amend its ordinance governing the issuance of said licenses and permits and
providing a process for the issuance of catering permits.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, IDAHO as follows:
Section 1: That Title 3, Chapter 2A, Section 3, Eagle City Code be, and hereby is
amended, as follows:
A. Application For License: Application for a license to sell beer at retail or the
transfer or renewal of such license shall be made in writing by an applicant. An
application shall contain such information and statements relative to the applicant
and the premises where beer is to be sold as the mayor and city council
reasonably require and shall be verified by the affidavit of the person making it
before a person authorized to administer oaths. Such application shall be filed
with the city clerk and shall be accompanied by the fee herein required. The
Application shall be reviewed as provided in section 3-2-2 this Chapter.
B. Review Of Application: When the city clerk determines that an application for a
license or the transfer or renewal of a license is complete, the city clerk shall
• - - • : - • •- - £ ' :f this article, the city council shall approve
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the application. If the city council denies the application, the city council shall
specify in writing:
1. The statutes, ordinances, and standards used in evaluating the application;
2. The reasons for denial; and
3. The actions, if any, that the applicant may take to obtain a license or the
transfer or renewal thereof.
Section 2: That Title 3, Chapter 2A, Section 5, Eagle City Code be, and hereby is
amended, as follows:
Every retailer licensed under the provisions of this article shall pay the city license fees as
follows:
A. Where such retailer sells only bottled or canned beer, none of which is consumed
on the premises where sold, the license fee shall be fifty dollars ($50.00) a year.
The annual license fee shall be prorated to reflect the actual months of issuance.
B. Where such retailer sells for consumption on the premises, draught beer and
bottled or canned beer, or draught beer only, the annual license fee shall be two
hundred dollars ($200.00) a year. The annual license fee shall be prorated to
reflect the actual months of issuance.
C. Where such retailer obtains a license originally issued to another retailer, or where
such retailer transfers a license from authorized premises to other approved
premises, the license transfer fee shall be ten percent (10%) of the annual license
fee five dollars ($5.00).
D. Where such retailer transfers a license from authorized premises to other
approved premises, the license transfer fee shall be ten percent (10%) of the
annual license fee. (Ord. 128, 1 26 1988)
ED. Such license year shall be from May 1 through April 30 of the following year;
provided, however, should a license be issued for less than a full calendar year,
the license fee shall be prorated in accordance with the actual months of issuance.
(Ord. 428, 7-9-2002)
Section 3: That Title 3, Chapter 2A, Section 11, Eagle City Code be, and hereby is
enacted as follows:
3-2A-11 HOURS OF SALE.
A. It shall be unlawful and a misdemeanor for any person in any place licensed to sell
beer or where beer is sold or dispensed to be consumed on the premises, whether
conducted for pleasure or profit, to sell, dispense or give away beer between the
hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M.
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B. Any person patron present on the licensed premises after the sale of beer has
stopped as provided in subsection A shall have a reasonable time, not to exceed
thirty (30) minutes, to consume any beverage already served.
C. Any person who consumes or intentionally permits the consumption of any
alcoholic beverage upon the licensed premises after the time provided for in
subsection A shall be guilty of a misdemeanor.
Section 4: That Title 3, Chapter 2B, Section 1, Eagle City Code be, and hereby is
amended, as follows:
It shall be unlawful for any person to sell wine at retail within the corporate limits of the
city without having first procured a license therefor.
Application for license shall be in writing, signed and sworn to by the applicant upon
application forms furnished by the clerk. Such application shall be filed with the city
clerk and shall be accompanied by the required fee. The Application shall be reviewed as
provided in section 3-2-2 this Chapter. Such application shall be filed by the clerk and
-- . , • . •
Section 5: That Title 3, Chapter 2B, Section 5, Eagle City Code be, and hereby is
amended as follows:
The assignment or transfer of a wine license shall be the same as provided by for the
assignment or transfer of a beer license in sections 3-2A-3 and 3-2A-4, and subsections
3-2A-5C, 3 2A 5D, and 3-2A-6B of this chapter. (Ord. 313, 11-25-1997)
Section 6: That Title 3, Chapter 2B, Section 6, Eagle City Code be, and hereby is
amended as follows:
A. Wine sold for consumption or dispensed on the retailer's premises may be sold
only during hours that liquor by the drink beer may be sold, consumed or
dispensed pursuant to the laws of the state}.
B. Wine sold by the retailer for consumption off the premises of the retailer may be
sold only during the hours that beer may be sold pursuant to the laws of this
state?. (Ord. 4, 6-14-1971; amd. 1985 Code)
Section 7: That Title 3, Chapter 2C, Section 5, Eagle City Code be, and hereby is
amended, as follows:
Upon receipt of an application for a license under this article, accompanied by the
required fee, the city clerk shall obtain and review the report of the investigation of the
applicant by the director, and may rely upon the director's investigation in determining
whether or not the applicant possesses all of the qualifications and none of the
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disqualifications for a license. The city clerk may, additionally, conduct such independent
investigation as he or she may deem appropriate. The city clerk shall, within thirty (30)
-- . .• • • - -- - . uch investigation. (Ord. 146, 11 15 1988)
Section 8: That Title 3, Chapter 2C, Section 7, Eagle City Code be, and hereby is
amended, as follows:
If the city clerk council shall determine that the contents of the application are true, that
such applicant is qualified to receive a license, and that the requirements of this Chapter
article have been met and complied with, it shall by motion or other official action
approve the same, and the city clerk shall issue the license pursuant to the review
procedures as provided in section 3-2-2 of this Chapter. ; otherwise, the application shall
be denied and the license fee refunded.
If there is more than one qualified applicant for a license, first in time of filing the
application with the city clerk shall be first in right; provided, that persons holding and
actually operating under, on November 8, 1988, existing licenses of the city for the sale
of beer by the drink shall be entitled to priority over other applicants. (Ord. 146, 11-15-
1988)
Section 9: That Title 3, Chapter 2C, Section 8, Eagle City Code be, and hereby is
amended, as follows:
Every license issued under this article shall be issued by the city clerk upon directi,.„ 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 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
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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, .- • - . . - - - -- .. . . . - . . -
�o. . -- . - . • - . • - �o .-
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 : -: . . • . . . .. • . •
. , „ . . , i - . . . . -- . . . . -, . . .
license, Upon transfer, 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.
(Ord. 513, 4-12-2005)
Section 10: That Title 3, Chapter 2C, Section 12, Eagle City Code be, and hereby is
enacted, as follows:
3-2C-12 ALCOHOLIC BEVERAGE CATERING PERMIT
A. PURPOSE
The purpose of this section is to provide a procedure and guidelines for obtaining an
alcoholic beverage catering license pursuant to Idaho Code, Title 23.
B. PERMIT DETERMINATION BY THE CLERK
The City Council has determined that the Clerk shall be delegated the authority to
process, grant or deny all alcohol beverage catering permit applications.
C. CATERING PERMITS REQUIRED; FEES:
1. It shall be unlawful for any person to serve and sell any alcoholic beverage retail by the
drink upon an unlicensed premises, without first obtaining a catering permit issued by the
City Clerk pursuant to these provisions.
2. A non-refundable filing fee in the amount of twenty dollars per day ($20.00) shall be
paid to the Clerk at the time of filing.
D. APPLICATION FOR PERMIT
1. Any person holding an Idaho retail liquor license, retail beer or wine license, or permit
issued pursuant to Idaho Code 23-1007A may obtain an application for a Catering
Permit at the Office of the City Clerk and fill out the application completely where
designated on the application. The application must be executed by the applicant and
filed with the Clerk not less than five (5) business days prior to the catering date(s)
requested. Failure to complete the required portions of the application may result in a
denial of the application.
2. The application for permit shall provide the following information:
a. Name, address and phone number of the applicant;
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b. The number of his/her Idaho State retail liquor license, Idaho State retail beer
or wine license, or permit issued pursuant to Idaho Code §23-1007A;
c. A photocopy of the Idaho State retail liquor license, Idaho State retail beer or
wine license, or permit issued pursuant to Idaho Code §23-1007A when requested
by the Clerk;
d. Dates and hours requested during which the permit is to be effective, not to
exceed three (3) consecutive days;
e. The names of the organizations, groups, or persons sponsoring the event; and
the name of the applicant's designee who will be present at the event;
f. The address at which the alcoholic beverages are to be served; and if a public
building, or private building open to the public, the rooms in which the alcoholic
beverages are to be served;
g. The number of anticipated people who will attend the party or convention
including all hosts, employees, sponsors agents, consumers, and security
personnel;
h. A detailed description or diagram of the location where the alcoholic beverages
are to be served and sold;
i. If the location is not owned by the applicant, a certified copy of the lease or
consent to occupy the premises and a show of proof that the owner consents to the
service and sale of alcoholic beverages on such premises;
4. Persons not qualified for Catering Permit: No catering permit shall be issued to:
a. Any person who does not possess a valid retail liquor license, Idaho State retail
beer or wine license, or a benevolent, charitable, or public purpose permit from
the State pursuant to Idaho Code Title 23, Chapter 9, 10 or 13;
b. An applicant who willfully files any false or misleading statement which
applicant knows to be or reasonably should have known to be false or misleading
in any part of said application or any subsequent report;
c. Any application for catering permit for more than three (3) consecutive days by
Idaho Code as provided;
E. APPLICATIONS REVIEWED:
1. The Clerk shall review the application for a catering permit for completeness and
forward said application to the Police Chief for their recommendation:
2. Recommendation of the Police Chief and Fire Chief or their designees:
a. The Police Chief may recommend conditions, terms, or a reduction in the
number of requested dates or times as determined reasonable to carry out the
policies of the City, which include protection of the health, safety and welfare of
the public, or to prevent an unlawful disturbance or nuisance. Such conditions
may include but are not limited to, posting of appropriate signs, and hiring at
applicant's expense additional licensed bonded security personnel. Any such
conditions must be attached and displayed as a part of the catering permit or
special use permit.
b. Where the Police Chief determines that due to the anticipated number of
participants, location of the catering, pedestrian or vehicular traffic, occurrence of
special events; ingress or egress of customers, or presence of minors requires
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additional physical configuration or limitation of the premises for enforcement
purposes, the Chief may recommend that the site of catering be maintained in a
specified manner as a condition of the permit.
F. ISSUANCE OR DENIAL OF APPLICATION
1. In addition to the standard of review providing in section 3-2-2, whenever the Clerk
shall determine that an application for a catering permit is complete the Clerk shall
approve or deny such application in accordance with this chapter. The Clerk shall issue
alcoholic beverage catering permit if all of the following criteria are met and shall deny
the application for a permit if any of the following criteria are not met:
a. The applicant is qualified;
b. The Police Chief recommends issuance of a permit either absolutely or
conditionally;
c. A catering site where the applicant proposes to offer alcoholic beverages:
(1) abuts or is contiguous to where sanitation and related services are
performed;
(2 the boundaries of the proposed catering site are identified in a detailed
diagram or description of the premises in which the perimeter of the
catering site and its proximity to the nearest streets is designated and
measured in feet
(3) The detailed diagram or description of the premises accompanying the
application reflects that the proposed event will not inhibit the public
health and safety including but not limited to the placement of catering site
furnishings, tables, chairs or barriers such that it inhibits safe sidewalk or
roadway passage.
2. Whenever the Clerk shall deny any application the Clerk shall specify in writing:
a. The statutes, ordinances and standards used in evaluating the application;
b. The reasons for denial; and
c. The actions, if any, that the applicant could take to obtain the license, transfer
or renewal thereof
G. PERMIT DISPLAY, REQUIRED
The applicant or the applicant's designee is required to carry, display or post the original
catering permit issued and must be personally present at the approved catering premises
at all times during the life of the catering permit. The applicant's designee on the
application shall also be approved by City Clerk in the same manner as described herein
for the applicant.
H. GROUNDS AND PROCEDURES FOR REVOCATION
The city council may, in accordance with proceedings provided for under section 3-2A-9
of this chapter, revoke any catering permit for any of the grounds set forth in this Chapter
or as authorized by title 23, chapter 9, Idaho Code including, but not limited to, for any
conduct or act of the permittee or his/her employees or any conduct or act permitted by
him/her or them on the site where the catering event is conducted, or in connection
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therewith or adjacent thereto, tending to render such site as a public nuisance or a menace
to the health,peace, safety or general welfare of the city
I. EXIGENT CIRCUMSTANCES FOR REVOCATION
Where there exists a clear endangerment to the health, safety and welfare of the public
resulting from the use of the permit, or where the applicant or his/her agents fail to
perform in conformance with the conditions and terms set forth on the permit, the City
Clerk or the Police Chief may revoke the catering permit issued under the provisions of
this Chapter by immediately demanding and seizing the permit from the applicant. Upon
receipt of the revoked permit, or where the permit cannot be seized due to unavailability
of the applicant, or where the applicant refuses to surrender said permit, the Chief of
Police may direct the seizure of all alcoholic beverages and remove the same and keep
the same as evidence, and upon conviction of the person for violation of the provisions
hereof, the said liquor and all packages, or receptacles containing the same, shall be
forfeited to the State of Idaho.
Section 11: That Title 3, Chapter 2D, Section 4, Eagle City Code be, and hereby
amended as follows:
A. Possession or consumption of alcohol shall may be allowed at the city council's
discretion in any of the prohibited areas in sections 3-2D-2 and 3-2D-3 of this article,
upon obtaining a permit as set forth below. Within the city park system permits shall be
required for the possession of more than seven and one-half (71/2) gallons of alcoholic
beverages.
B. An applicant for such permit shall make application to the city clerk not less than five
(5) working days prior to the scheduled event, or, when accompanied by a special events
permit, not less than minimum number of days required under that section. The applicant
shall further remit a twenty dollar ($20.00) fee, and comply with all rules and regulations
related to such use. When the city clerk determines that the application is complete, the
application shall be reviewed as provided in section 3-2-2 of this Chapter. the city clerk
-- - - - .• - . •- ity council and shall be denied upon the city
council finding the public health, safety or welfare will be adversely affected upon
granting of the permits. The application for an open container permit shall provide the
following information:
a. Name, address and phone number of the applicant; Permit applicants shall be at
least twenty-one (21) years of age;
b. Dates and hours requested during which the permit is to be effective;
c. The address at which the alcoholic beverages are to be served; and if a public
building, or private building open to the public, the rooms in which the alcoholic
beverages are to be served;
d. The number of anticipated people who will attend the event including all hosts,
employees, sponsors agents, consumers, and security personnel;
e. A detailed description or diagram of the location where the alcoholic beverages
are to be served and sold.
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The City Clerk may impose conditions as determined to be reasonable to carry out the
policies of the City, which include protection of the health, safety and welfare of the
public, or to prevent an unlawful disturbance or nuisance. Persons attending an event at
which open containers of alcohol is possessed or served are subject to all federal, state,
county and city statutes, ordinances, rules and regulations. In the event the issuance of
the permit results in the violation of any of the permit conditions, the individual
representative and the group will not be granted another permit for a period of one (1)
year. Whenever the Clerk shall deny any application the Clerk shall specify in writing:
a. The statutes, ordinances and standards used in evaluating the application;
b. The reasons for denial; and
c. The actions, if any, that the applicant could take to obtain an open container
permit.
Section 12: That Title 3, Chapter 2, Section 2, Eagle City Code be, and hereby is
enacted, as follows:
APPLICATION DETERMINATION BY CITY CLERK
A. The City Council has determined that the City Clerk shall be delegated the
authority to process, grant or deny all alcoholic beverage license and permit
applications, other than as specifically provided herein.
B. Whenever the Clerk shall determine that an application for an alcoholic beverage
license and/or permit, or the transfer or renewal of a license or permit is complete
and the applicant possesses all of the qualifications and none of the
disqualifications for said license and/or permit as provided by law, the Clerk shall
approve such application.
C. If the Clerk denies the application the Clerk shall specify in writing
1. The statutes, ordinances and standards used in evaluating the application;
2. The reasons for denial; and
3. The actions, if any, that the applicant could take to obtain the license,
transfer or renewal thereof
D. Whenever the Clerk shall deny any application under this Chapter, the Applicant
may appeal the city clerk's decision to the city council. Such appeal shall be filed
within twenty eight (28) days from the date of the city clerk's denial.
E. A transcribable verbatim record of all appeals of denials of a permit, license,
transfer or renewal thereof shall be kept for six (6) months from the date of
appeal. Appeals shall be heard before the City Council.
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F. The Clerk shall issue a license and/or permit to the applicant, which license or
licenses shall at all times be prominently displayed in the place of business of the
licensee and shall be issued only for the particular premises therein described.
Section 13: If any part of this ordinance shall be held unconstitutional or void, such part
shall be deemed separable and its invalidity shall not affect the remaining parts of the
ordinance.
Section 14: The City Clerk is instructed to immediately forward this ordinance to the
codifier of the official municipal code for proper revision of the code.
Section 15: That this Ordinance, or a summary thereof in compliance with Section 50-
901 A, Idaho Code, shall be published once in the official newspaper of the City, and shall
take effect immediately upon its passage, approval, and publication.
PASSED AND ADOPTED by the Council of the city of Eagle, Idaho thiseZday of
i\C\Q , 2011.
APPROVED by the Mayor of the City of Eagle, Idaho this,p02,-1 d day of
61--c-k , 2011.
.��� /
UF James D. Reyn. •
Mayor
ATTEST:
2..P • i
Sharon K. Bergmann,
City Clerk/
(SEAL) ''''at :1 O
O: 1 V I S
• •
e.•
• . jo,0`,.•
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SUMMARY OF
ORDINANCE NO. 655
AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 3, CHAPTER 2A, SECTION
3; TITLE 3, CHAPTER 2A, SECTION 5; TITLE 3, CHAPTER 2B, SECTION 1; TITLE 3,
CHAPTER 2B, SECTION 5; TITLE 3, CHAPTER 2B, SECTION 6; TITLE 3, CHAPTER
2C, SECTION 5; TITLE 3, CHAPTER 2C, SECTION 7; TITLE 3, CHAPTER 2C,
SECTION 8; ENACTING EAGLE CITY CODE TITLE 3, CHAPTER 2A, SECTION 11
REGULATING THE HOURS OF SALE OF BEER; ENACTING EAGLE CITY CODE
TITLE 3, CHAPTER 2C, SECTION 12; ENACTING EAGLE CITY CODE TITLE 3,
CHAPTER 2, SECTION 2 DELEGATING THE AUTHORITY TO ISSUE OR DENY
ALCOHOLIC BEVERAGE LICENSES AND PERMITS TO THE CITY CLERK
PRESERVING APPELLATE RIGHTS BEFORE THE COUNCIL; PROVIDING A
CATERING PERMIT APPLICATION PROCEDURE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A CODIFICATION CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
A summary of the principal provisions of Ordinance No. 655 of the City of
Eagle, Ada County, Idaho, adopted on March 22 , 2011, is as follows:
Section 1: Amends Title 3, Chapter 2A, Section 3 pertaining to the license
application process to sell beer at retail by referencing Section 3-2-2.
Section 2: Amends Title 3, Chapter 2A, Section 5 setting a transfer of a retailer's
license to $5.00.
Section 3: Amends Title 3, Chapter 2A, Section 11 pertaining to the hours of sale
to sell and/or consume beer.
Section 4: Amends Title 3, Chapter 2B, Section 1 pertaining to the license
application process to sell wine at retail by referencing Section 3-2-2.
Section 5: Amends Title 3, Chapter 2B, Section 5 by removing reference to
Section 3-2A-5D.
Section 6: Amends Title 3, Chapter 2B, Section 6 regulating the dispensement of
wine.
Section 7: Amends Title 3, Chapter 2C, Section 5 deleting reference to the city
council.
Section 8: Amends Title 3, Chapter 2C, Section 7 deleting reference to the city
council as the reviewing entity in favor of the city clerk.
Section 9: Amends Title 3, Chapter 2C, Section 8 deleting reference to the city
council and amending the application transfer process.
Section 10: Enacting Title 3, Chapter 2C, Section 12 providing a procedure and
guidelines for obtaining an alcoholic beverage catering license.
Section 11: Amending Title 3, Chapter 2D, Section 4 pertaining to the
application procedures and guidelines to obtain an open container permit.
Section 12: Enacting Title 3, Chapter 2, Section 2 delegating to the City Clerk
the authority to process, grant, or deny all alcoholic beverage license and permit
applications subject to appeal to the City Council.
Section 13: Provides a severability clause.
Section 14: Provides for codification.
1
Section 15: States that Ordinance No. 655 shall take effect and be in force from
and after its passage, approval, and publication as required by law. Provides that a
summary of Ordinance No. 655 may be published in lieu of the entire ordinance in
compliance with Section 50-901A, Idaho Code.
The full text of Ordinance No. 655 is available at City Hall and will be provided
to any citizen upon personal request during normal office hours.
>4-
DATED as of theh day of ,2011.
CITY OF EAGLE
Ada County,Idaho
►' / r /
J., es D. Reynolds, ! or
ATTEST:
sss%%%l I I u I I I,,,,,��,
Sharon K. Bergmann, City Cler ••o�eoR
(SEAL) ' e: 3
�j �M!•L i. '1 e
noae
2
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho,
hereby certify that I have read the foregoing Summary of Ordinance No. 655 of the City
of Eagle and that the same is true and complete and provides adequate notice to the
public of the contents of said Ordinance.
DATED as of they th day of March , 2011.
/2,-/
By: Paul Fit iff, City A srne`y —s.°
3
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account
Address'
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Identification: &L- I Pr` rj
Run Dates: L 1 l
RECEIVED & FILED
CITY OF EAGLE
APR 0 1 2011
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SUMMAE NP 3 ---11 fi Thomason, being duly sworn, deposes
ORDINANCE No. 655 24That he is the Princlpal iCleric of
AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 3, CHAPTER hd says. ublCIerked at
3; TITLE 3, CHAPTER 2A, SECTION 5; TITLE 3, CHAPTER 2B, SECTION 1; ITLE 3, TIt716S, a weekgt new Idaho P
CHAPTER 2B, SECTION 5; TITLE 3, CHAPTER 2B, SECTION 6; TITLE 3, CHAPTER Ada County, State of Idaho; that the said
2C, SECTION 5; TITLFINE 3, CHAPTER 2C, SECTION 7; TITLE 3, CHAPTER 2C, #papef IS In general t;irculation In the said
SECTION 8; ENACTING EAGLE CITY CODE TrrLL 3, CHAPTER 2A, sEcrloN 11 'tty of Ada, and in the vicinityofi Meridian,
REGULATING THE HOURS OF SALE OF BEER; ENACTING EAGLE CITY CODE and Eagle, and has been uninterruptedly
3, CHAPTER 2C, SECTION 12; ENACTING EAGLE CITY CODE TITLE 3,
CHAPTER 2, SLCITON 2 DELEGATING THE AUTHORITY TO ISSUE OR DENY •bliShed in Said County during a period Of
ALCOHOLIC BEV
ECOUNCIL• PROVIDING A 3f this notice, a copy of which is attached
CATERING PERMIT APPLICATION PROCEDURE; PROVIDING A SEVERABILITY A
PROVIDING A thenOtiOe was published in
ERAGE LICENSES AND PERMITS TO THE CITY CLERK eight consecutive weeks prior to the first
PRESERVING APPELLATE RIGHTS BEFORE 1T
CLAUSE;CODIFICATION CLAUSE; AND PROVIDING AN reto, and that
EFFECTIVE DATE.
Times, in conformity with Section 60-108,
lho Code, as amended, for i_ _ time(s)
i3guiar and entire issue of said paper, and
led in the newspaper proper, and not in a
tment; and that said notice was published
yljr_thfizf Ig dates:
/v\ t ( 2-C 2-0 i (
A summary of the principal provisions of Ordinance No. 655 of the City of
Eagle, Ada County, Idaho, adopted on Merth , 2011, is as follows:
Section 1: Amends Title 3, Chapter 2A, Section 3 pertaining to the license
application process to sell beer at retail by referencing Section 3-2-2.
Section 2: Amends Title 3, Chapter 2A, Section 5 setting a transfer of a retailer's
license to 85.00.
Section 3: Amends Title 3, Chapter 2A, Section 11 pertaining to the hours of sale
to sell and/or eoasume bear.
Section 4: Amends Title 3, Chapter 25, Section 1 pertaining to the license
application process to sell wine at retail by referencing Section 3-2-2.
Section 5: Amends Title 3, Chapter 2B, Section 5 by removing reference to
Section 3 -2A -5D.
Section 6: Amends Title 3, Chapter 2B, Section 6 regulating the dispensement of
• wine.
Section 7: Amends Title 3, Chapter 2C, Section 5 deleting reference to the city
council.
Section 8: Amends Title 3, Chapter 2C, Section 7 deleting reference to the city
council as the reviewing entity in favor of the city clerk.
Section 9: Amends Title 3, Chapter 2C, Section 8 deleting reference to the city
council and amending tho application transfer process.
Section 10: Enacting Title 3, Chapter 2C, Section 12 providing a procedure and
guidelines for obtaining an alcoholic beverage catering license.
Section 11: Amending Title 3, Chapter 2D, Section 4 pertaining to the
application procedures and guidelines to obtain an open container permit.
the author[ Section 12: Enacting Title 3, Chapter 2, Section 2 delegating to the City Clerk
h' process, grant, or deny all alcoholic beverage license and permit
applications subject to appeal to the City Council.
Section 13: Provides a severability clause.
Section 14: Provides for codification.
Section 15: States that Ordinance No. 655 shall take effect and be in force from
and after its passage, approval, and publication as required by law. Provides that a
summary of Ordinance No. 655 may be published in lieu of the entire ordinance in
compliance with Section 50-901A, Idaho Code.
The full text of Ordinance No. 655 is available at City Hall and will be provided
to any citizen upon personal request during normal office hours.
DATED as of the jaday of 41141
, 2011.
env CIF PAf3TR
ginning
tding
STATE OF IDAHO )
)SS
COUNTY OF ADA
day of u', in the year of 2011
me, a Notary Pu ic, personally appearea
known or identified to me to be the person
lame is subscribed to the within instrument,
ing by m first duly sworn, declared that the
rein are/ uer and acknowledged to me that
he executed the same.
Notary Public for Idaho
Resid' at , I D
My Commission expires: "l P