Ordinance - 2015 - 729 - Amend Title 3/Alcohol Licensing - 02/10/2015 ORDINANCE NO. 729
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING TITLE
3, CHAPTER 2C, SECTION, 1 EAGLE CITY CODE BY ADDING DEFINITIONS;
AMENDING TITLE 3, CHAPTER 2C, SECTION 12, EAGLE CITY CODE BY MODIFYING
PROCEDURES TO OBTAIN AN ALCOHOLIC BEVERAGE CATERING PERMIT FOR
COMMUNITY EVENTS AND MAKING TECHNICAL CORRECTIONS; AMENDING
TITLE 3, CHAPTER 2D, SECTION 1, EAGLE CITY CODE BY ADDING DEFINITIONS;
AMENDING TITLE 3, CHAPTER 2D, SECTION 4 EAGLE CITY CODE BY MODIFYING
PROCEDURES TO OBTAIN OPEN CONTAINER PERMITS FOR COMMUNITY EVENTS;
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, the City of Eagle desires to protect the health, safety and welfare of those
who live in and visit the city by providing procedures for obtaining alcoholic beverage and open
container permits for community events.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, as follows:
Section 1: That Eagle City Code §3-2C-1 be, and the same hereby is amended as
follows, with additions in underline and deletions in strikethrough:
3-2C-1: DEFINITIONS:
As used in this article, the following terms shall have the following definitions:
BEER: Same meaning as provided in section 3-2A-1 of this chapter.
CITY: The city of Eagle, Ada County, Idaho.
CITY CLERK: The clerk of the city.
CITY COUNCIL: The council of the city.
COMMUNITY EVENT: An event conducted on public property, or private property open to the
public, including: streets, beaches, parks, community centers, parking lots and waterways, for the
purpose of conducting certain short term events such as art shows, music concerts, fundraising
events, sidewalk sales, amusement attractions, circuses, carnivals, rodeos, swap meets, and
sporting events including, but not limited to, organized float trips, contests, street dances,
tournaments, walk-a-thons, marathons, races, exhibitions, craft/art shows or related activities. A
ORDINANCE NO. 729
Page 1 of 10
small community event has an estimated number of attendees of 50-100. A medium community
event has an estimated number of attendees of 101-999. A large community event has an
estimated number of attendees exceeding 1000.
DIRECTOR: The director of the department of law enforcement of the state of Idaho.
LICENSE: A retail liquor license issued under the provisions of this article.
LICENSEE: A person to whom a license is issued under the provisions of this article.
LIQUOR: Any kind of liquor sold by and in a state liquor store of the state of Idaho.
PERSON: An individual,partnership, corporation, organization, or association.
PREMISES: A building or place in which the sale of liquor by the drink at retail is authorized
under title 23, chapter 9, Idaho Code.
STATE LICENSE: A retail liquor license issued by the director to a qualified person pursuant to
title 23, chapter 9, Idaho Code. (Ord. 146, 11-15-1988)
Section 2: That Eagle City Code §3-2C-12 be, and the same hereby is amended as
follows, with additions in underline and deletions in strikethrough:
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 City Clerk: The city council has determined that the city 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. Catering permits associated with events open to the public
may also require an open container permit pursuant to section 3-2D-4 of this chapter.
2. A nonrefundable filing fee in the amount of twenty dollars ($20.00) per day shall be
paid to the city clerk at the time of filing.
D. Application For Permit:
ORDINANCE NO. 729
Page 2 of 10
1. Application: Any person holding an Idaho retail liquor license, retail beer or wine
license, or permit issued pursuant to Idaho Code section 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 city 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. Permit: The application f or permit shall provide the following information:
a. Name, address and phone number of the applicant;
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 section 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 section 23-1007A when
requested by the city 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.
3. Persons Not Qualified For Catering Permit: No catering permit shall be issued to:
ORDINANCE No. 729
Page 3 of 10
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 the
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
as provided by Idaho Code as premed.
E. Applications Reviewed:
1. The city clerk shall review the application for a catering permit for completeness and
forward said application to the police chief for their his 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 the 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 other special events;, ingress or egress of customers, or
presence of minors requires 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 provided in section 3-2-2 of this chapter,
whenever the city clerk shall determine that an application for a catering permit is
complete the city clerk shall approve or deny such application in accordance with this
article. The city clerk shall issue an 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;
ORDINANCE No. 729
Page 4 of 10
b. The police chief recommend 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 city clerk shall deny any application the city clerk shall specify in
writing:
a. The statutes, ordinances and standards in evaluating the application;
b. The reasons for the 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 pos 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 the 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 article 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 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.
ORDINANCE No. 729
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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 article 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. (Ord. 655, 3-22-2011).
Section 3: That Eagle City Code §3-2D-1 be, and hereby is amended as follows, with
additions in underline and deletions in strikethrough:
3-2D-1: DEFINITIONS:
For purposes of this article, the following definitions shall apply:
ALCOHOLIC BEVERAGE: Any beverage containing alcohol, including "beer" and "wine" as
defined hereinafter by this article.
BEER: Any beverage obtained by alcoholic fermentation of an infusion or decoction of barley,
malt, and/or other ingredients in drinkable water.
COMMUNITY EVENT: An event conducted on public property, or private property open to the
public, including: streets, beaches, parks, community centers, parking lots and waterways, for the
purpose of conducting certain short term events such as art shows, music concerts, fundraising
events, sidewalk sales, amusement attractions, circuses, carnivals, rodeos, swap meets, and
sporting events including, but not limited to, organized float trips, contests, street dances,
tournaments, walk-a-thons, marathons, races, exhibitions, craft/art shows or related activities. A
small community event has an estimated number of attendees of 50-100. A medium community
event has an estimated number of attendees of 101-999. A large community event has an
estimated number of attendees exceeding 1000.
CONTAINER: Any receptacle capable of holding or storing liquid.
LIQUOR: Any beverage as defined in Idaho Code section 23-105.
PARKING LOT: Any place maintained for the outdoor parking of motor vehicles.
PERSON: Any individual, firm, copartnership, association, corporation, or any group or
combination acting as a unit.
ORDINANCE No. 729
Page 6 of 10
STREET: Entire width between the boundary lines of every way or place open to the public for
motorized or nonmotorized vehicular travel, including any sidewalk or way intended for
pedestrian travel.
WINE: Any beverage obtained through fermentation of the natural sugar content of fruits or
other agricultural products containing sugar whether or not other ingredients are added.
All other words and phrases used in this article, the definition of which is not herein given, shall
be given their ordinary and commonly understood and accepted meanings. (Ord. 323, 5-12-1998)
Section 4: That Eagle City Code §3-2D-4 be, and the same is hereby amended as
follows, with additions in underline and deletions in strikethrough:
3-2D-4: PERMITS:
A. Possession or consumption of alcohol may be allowed 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 the 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 this section and in section 3-2-2 of this chapter. The
application for an open container permit shall provide the following information:
1. Name, address and phone number of the applicant; permit applicants shall be at least
twenty one (21) years of age;
2. Dates and hours requested during which the permit is to be effective;
3. 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;
4. The number of anticipated people who will attend the event including all hosts,
employees, sponsors, agents, consumers, and security personnel;
5. A detailed description or diagram of the location where the alcoholic beverages are to
be served and sold.
ORDINANCE NO. 729
Page 7 of 10
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
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 year. Whenever the city clerk shall deny any application the city 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 an open container permit. (Ord. 655, 3
22 2011)
C. Applications Reviewed:
1. The city clerk shall review the application for open container permit for
completeness:
a. If the permit is sought in conjunction with a small community event (50-100
estimated attendees), the city clerk will forward said application to the Eagle
police chief for his recommendation. The application shall be submitted to
the city clerk not less than five (5)working days prior to the scheduled event.
b. I f the permit is sought in conjunction with a medium (101-999 estimated
attendees) or large (1000+estimated attendees) community event, the
applicant shall obtain written permission from the Eagle police chief (or
designee) prior to application submittal. The application, including the
written recommendation of the Eagle police chief or designee, shall be
submitted to the city clerk not less than thirty (30) days prior to the scheduled
event.
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
open container permit.
ORDINANCE No. 729
Page 8 of 10
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 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.
D. Issuance or Denial of Application: 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 are 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 year.
Whenever the city clerk shall deny any application the city clerk shall specify in writing:
1. The statutes, ordi nances and standards used in evaluating the application;
2. The re asons for denial; and
3. The actions, if any, that the applicant could take to obtain an open container permit.
(Ord. 655, 3-22-2011)
Section 5: 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 6: 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 7: 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 and be in force upon its passage, approval, and publication.
Adopted by the Eagle City Council, Eagle, Idaho, on this 10 day of February, 2015.
,,,',,,,,,,,••,•, CITY OF EAGLE, IDAHO
• Ada County, Idaho
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'•. ?'ATE
ORDINANCE No. 729
Page 9 of 10
ATTEST:
! Ate if
Sharon K. Bergmann
City Clerk/Treasurer
ORDINANCE NO. 729
Page 10 of 10
SUMMARY OF
ORDINANCE NO. 729
The following is a summary of Ordinance No. 729, adopted by the City Council of the City of
Eagle, Ada County, Idaho, on February 10, 2015:
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING TITLE
3, CHAPTER 2C, SECTION, 1 EAGLE CITY CODE BY ADDING DEFINITIONS;
AMENDING TITLE 3, CHAPTER 2C, SECTION 12, EAGLE CITY CODE BY MODIFYING
PROCEDURES TO OBTAIN AN ALCOHOLIC BEVERAGE CATERING PERMIT FOR
COMMUNITY EVENTS AND MAKING TECHNICAL CORRECTIONS; AMENDING
TITLE 3, CHAPTER 2D, SECTION 1, EAGLE CITY CODE BY ADDING DEFINITIONS;
AMENDING TITLE 3, CHAPTER 2D, SECTION 4 EAGLE CITY CODE BY MODIFYING
PROCEDURES TO OBTAIN OPEN CONTAINER PERMITS FOR COMMUNITY EVENTS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CODIFICATION CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
Section 1: Adds a definition for community event to Eagle City Code §3-2C-1.
Section 2: Amends procedures relating to alcoholic beverage catering permits and makes
technical corrections to Eagle City Code §3-2C-12.
Section 3: Adds a definition for community event to Eagle City Code §3-2D-1.
Section 4: Amends procedures for obtaining an open container permit and makes technical
corrections to Eagle City Code §3-2D-4.
Section 5: Provides for severability.
Section 6: Provides for codification.
Section 7: Provides an effective date and for publication by summary.
The full text of Ordinance No. 729 is available at City Hall and will be provided to any citizen
upon personal request during normal office hours.
James D. Reynolds, Mayor
Attest: Sharon K. Bergmann, City Clerk/Treasurer
Publication Requested: February 16, 2015
CERTIFICATION OF ATTORNEY
I, the undersigned, an attorney at law duly licensed in the State of Idaho and serving as counsel
to the City of Eagle, Idaho, hereby certify that I have read the above Summary of Ordinance No.
729 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 this 11`h day of February, 2015.
f. , JiJ
Jill olinka
Moore Smith Buxton &Turcke, Chtd.
City Attorney, City of Eagle
RECEIVED & FILED
CITY OF EAGLE
FEB 192015
Valley Times File;
P.O. Box 1790-Eagle, Idaho 83616 Route to;
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: + 0 Ea, 4— Identification: J u m yn 61`'" roUtv.i n .. (1-6 - 1-1
JJJ iv�'L L. 6Z - 11 �2005
Address: G 4 0 E - C Run Dates:
J L I (Number Lines 7 Amount 2
Attention: Other
SUMMARY OF 'Er' Frank Thomason, being duly sworn, deposes
ORDINANCE NO.720 Z'u` and says: That he is the Principal Clerk of
mit,llowfqg i..tt memory o'er . 72k.to app by. co. do,or Valley Times, a weekly newspaper published at
awut Moho,on 1.brutay 1i'201 Eagle, Ada County, State of Idaho;that the said
AN ORDINANCE OF THE C�OF EAGLE,Ar►A "�'IDAHO.AM' TITLE newspaper is in general circulation in the said
3, CHAPTER 2C, SECTION, 1 1.2„.„CODE a DFFCiI IONS
AMENDING TITL 3,( IAPTtR 2C.SECTION EAGLE CITYCO CODE BY MODIFYING County of Ada, and in the vicinity of Meridian,
PROCEDURES;TO OBTAIN AN ALCOHOLIC BEVERAGE CATERING putm T FOR Star, and Eagle, and has been uninterruptedly
C AND KINCx TECHNICAL CORRECTIONS: A ENIDI published in said County during a period of
TIC 3.('HATTER 2D,SECTION L.EAGLE CITY CODE BY ADDING twitstrnms,,
AMENDING TITLE 3,CHAPTER 211,SECTION 4 EAGLE CITY Cam"BY MODIFYING seventy-eight consecutive weeks prior to the first
PROCEDURES TO OBTAIN OPEN CONTAINER PERMITS FOR CO\tMCNTTY BAITS,- Iblication of this notice, a copy of which is attached
PROVIDING 1\ SEVERABiLITY CLU E: PROVIDING A"conirIC*ATIOs LA SF; hereto, and that the notice was published in
AND PROVE AN EFFECTIVE DATE. '
Seption Iw Adds ade&ttimen for community event h+Engle City Code 3-2(.-'l. Valley Times, in conformity with Sectign 60-108,
corrections dui � *Who* omits m Idaho Code, as amended, for l time(s)
technical):Adds adefintuon for�ttyevent to Eagle Cai,Co a3-2M1. in the regular and entire issue of said paper, and
Seelimi:t Amends procedures for ohtaining ad open"coma Tom m was printed in the newspaper proper, and not in a
comtictions to City Code E.3-.2.Ds4. supplement; and that said notice was published
for severability.
on the following dates:
Sea"-
i Enmities an effective and pu � Beginning J . f( 2,cic/?etuft
tea of Ordinance No 729 audio, at Cite Hall and will be provided-10 dfly amen
upon periontal request wood attim Jkxtrs.
lane C),Reynolds,May /Atest Sharon C Bergmann, r 6fr rrrr
PtaTl n «l FI ar' 1 .201.5 Ending j 741/ j(P l CJ0 1 S
I
CERTIFICATION OF ATTORNEY
1,the undersigned,an attorney at law duty licensed in the State of Idaho and sirs tug as counsel
JA.,,. .--4."`""
to the City of Eagle.Idaho.hereby certify that i have aid the above Summary of Ordinance No STATE OF IDAHO)
"29-of the City of Eagle and that the same is hue and complete and provides Mimume tuatts a to )SS
the ahe oilit4 Ontetits of said osthosseit COUNTY OF ADA)
fisted tttis II day ofFebruary.21115_. )n this 141'ay of c(2'6• in the year of 2015
litbefore me, a Notary Public, personally appeared/ , . `' omason, known or identified to me to be the person
itil ° whoa whose name is subscribed to the within instrument,
Moore smith Buxton*Tura&Chid: and being by me f t duly sworn, declared that the
Coy Attorney,ctts of Ea* kients erein are tr e, an cknowledged to me that
'J a he executed the same.
Notary Public for Idaho
Resisling at ise, ID
My Commission expires: 5 1