Ordinance - 2012 - 670 - Amend Title 3/Beer & Wine - 05/22/2012 ORDINANCE NO. 670
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 3, CHAPTER 2A, SECTION 1, TITLE 3, CHAPTER 2A, SECTION 5(B),
TITLE 3, CHAPTER 2B, SECTION 5(B), AND TITLE 3, CHAPTER 2A, SECTION
6(A) CLARIFYING THAT A RETAIL SALE OF BEER AND WINE FOR
CONSUMPTION ON THE PREMISES INCLUDES OFF-PREMISES
CONSUMPTION PURSUANT TO A CATERING PERMIT; PROVIDING A
SEVERABILITY 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 in
conjunction with the issuance of catering permits.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho;
Section 1: That the definition of the term "Premises" within Eagle City Code 3-2A-1 is
hereby amended as follows:
PREMISES: The building and contiguous improved property owned, leased, or
used by a licensee as part of the licensee's business establishment in the business
of selling beer at retail or in conjunction with a validly issued off-premises
catering permit.
Section 2: That the Eagle City Code 3-2A-5(B) is hereby amended as follows:
B. Where such retailer sells for consumption draught beer and/or bottled or
canned beer on the premises or off-premises pursuant to a validly issued
catering permit,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.
Section 3: That the Eagle City Code 3-2B-3(B) is hereby amended as follows
B. Where such person sells wine by the individual glass or opened bottle at
retail, for consumption on the premises or off-premises pursuant to a
validly issued catering permit,onl3, 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.
Section 4: That the Eagle City Code 3-2A-6(A) is hereby amended as follows:
A. Premises Restrictions: A retailer licensed under the provisions of this
article shall sell beer only upon the premises described in the license
application and approved by the city council or as otherwise authorized in
conjunction with a validly issued catering permit. The retailer's city
license to sell beer at retail shall be posted in a conspicuous place upon
such premises during the period of time for which the license is issued. A
licensed retailer seeking to change premises shall make application to the
city clerk in accordance with the provisions of section 3-2A-3 of this
article.
Section 5: This ordinance or summary thereof in compliance with Idaho Code § 50-901A,
shall be published once in the official newspaper of the City, and shall take effect
immediately upon its passage, approval and publication.
ild
Adopted by the Eagle City Council, Eagle, Idaho, this day of 11441 , 2012.
CITY OF EAGLE
Ada County, Idaho
.arktil! • /
F A M E S D. RE 0 1, S, Mayor
ATTEST:
SHARON BERGMANN, qty Clerk/Treasurer
(SEAL)
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account
Calf El4A-
Address: 44.0 E.. C,t. v i Lire Run Dates:
Identification:
ORDINANCE NO. 670 5-24' 4t+I1tAN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 3, CHAPTER 2A, SECTION 1, TITLE 3, CHAPTER 2A, SECTION 5(B),
1TTLE 3, CHAPTER 2B, SECTION 5(B), AND TITLE 3, CHAPTER 2A, SECTION
6(A) CLARIFYING THAT A RETAIL SALE OF BEER AND WINE FOR
CONSUMPTION ON THE PREMISES INCLUDES OFF -PREMISES
CONSUMPTION PURSUANT TO A CATERING PERMIT; PROVIDING A
SEVERABILITY 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 in
conjunction with the issuance of catering permits.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho;
Section 1: That the definition of the term "Premises" within Eagle City Code 3-2A-1 is
hereby amended as follows:
PREMISES: The building and contiguous improved property owned, leased, or
used by a licensee as part of the licensee's business establishment in the business
of selling beer at retail or in FQniunction with a validly issued off-nremises
caterina penult.
Section 2; That the Eagle City Code 3 -2A -5(B) is hereby amended as follows:
B Where such retailer sells for consumption draught beer and/or bottled or
carmed beer on the premises or off -premises pursuant to a validly issued
catering permit,
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.
Section 3: That the Eagle City Code 3 -2B -3(B) is hereby amended as follows
B. Where such person sells wine by the individual glass or opened bottle at
retail, for consumption on the premises or off -premises pursuant to a
validly juggasaring_l Lenly; 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.
Section 4: That the Eagle City Code 3 -2A -6(A) is hereby amended as follows:
A. Premises Restrictions: A retailer licensed under the provisions of this
article shall sell beer only upon the premises described in the license
application and approved by the city council or as otherwise authorized in
conjunction with a validly issued catering nermit The retailer's city
license to sell beer at retail shall be posted in a conspicuous place upon
such premises during the period of time for which the license is issued. A
licensed retailer seeking to change premises shall make application to the
city clerk in accordance with the provisions of section 3-2A-3 of this
article.
Mt A
RECEIVED & FILED
CITY OF EAGLE
MAY 3 1 2012
File:
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On. /Lew n me t,to . C 1' U
5-2-
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Frank Thomason, being duly swom, deposes
and says: That he is the Principal Clerk of
'alley Times, a weekly newspaper published at
Eagle, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian,
Star, and Eagle, and has been uninterruptedly
published in said County during a period of
renty-eight consecutive weeks prior to the first
tion of this notice, a copy of which is attached
hereto, and that the notice was published in
llley Times, in conformity with Sectign 60-108,
Idaho Code, as amended, for 1 time(s)
the regular and entire issue of said paper, and
6 printed in the newspaper proper, and not in a
supplement; and that said notice was published
on the following dates:
Beginning 7'Y1 2F) '-j ( Z
9
t_
Ending "m . Zir ' 12
iteAkJ
STATE OF IDAHO )
)SS
COUNTY OF ADA )
3 OOiday of in the year of 2012
lore me, a Notary Pub , personally appeared
Ion, known or identified o me to be the person
Ee name is subscribed to the within instrument,
being by met duly swom, declared that the
perein are e, acknowledged to me that
. r h xecuted the same.
otary Public for Idaho
Residin at B ise, ID
My Commission expires: