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Resolution - 2016 - 16-12 - Create New Class Of Liquor License - 02/09/2016RESOLUTION 16 -12 A RESOLUTION OF THE CITY OF EAGLE, IDAHO, IN SUPPORT OF EFFORTS TO CREATE A NEW CLASS OF IDAHO LIQUOR LICENSES WHICH WILL ALLOW RESTAURANTS IN RESORT CITIES TO SERVE LIQUOR BY THE DRINK WITH MEALS FOR CUSTOMERS PURCHASING A "FULL- COURSE MEAL "; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, tourism is a significant economic component to many small resort cities in Idaho; and WHEREAS, Eagle wishes to support economic viability throughout the State of Idaho; and NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, IDAHO DO HEREBY: Support efforts to create a new class of Idaho Liquor licenses that allow restaurants in resort cities in the State of Idaho to serve mixed drinks with the purchase of a "full- course meal" to their customers; and further that Said support recognizes the value of existing liquor license holders and is not intended to reduce that value, and includes the need to keep this new class of licenses highly restricted, non - transferable, and introduced gradually so as to minimize the impact on existing license holders. This resolution shall be in full force and effect immediately up on adoption and approval ADOPTED by the Eagle City Council, Eagle, Idaho, this 4,�_k day of February, 2016. APPROVED: Stan Ridgeway, Mayor ATTEST: ,$GLE 0 r�••0� AT 8 •��• Q • �'•z� " Sharon K. Bergmann •.�� G,C1 City Clerk/Treasurer S LO DRAFT 3 (FINAL 1- 20 -16) - LEGISLATURE OF THE STATE OF IDAHO Sixty-third Legislature Second Regular Session - 2016 This bill draft contains confidential and privileged information exempt from disclosure under Section 74 -109 (1), Idaho Code. If you have received this message by mistake, please notify us immediately by replying to this message or telephoning the Legislative Services Office at (208) 334 -2475. AN ACT RELATING TO LIQUOR LICENSES; PROVIDING LEGISLATIVE INTENT; AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 23 -959, IDAHO CODE, TO PROVIDE FOR A RESORT CITY RESTAURANT LIQUOR LICENSE, TO PROVIDE FEES, TO PROVIDE RESTRICTIONS, TO DEFINE A TERM, TO ESTABLISH PROVISIONS FOR RENEWAL AND TO PROVIDE FOR NON - TRANSFERABILITY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. LEGISLATIVE INTENT. It is the intent of the Legislature to enact legislation regarding sales of liquor -by- the -drink in resort cities that addresses problems in existing law which negatively impact resort cities and businesses. This act introduces a new class of liquor license that: (1) Benefits the local and state tourism economy; (2) Acknowledges the unique challenges facing Idaho resort communities and their business owners; (3) Upholds the Idaho Constitution by creating a class of liquor -by- the -drink license that accommodates tourists' desire for choices while ensuring temperance and responsible alcohol use; (4) Minimizes impacts to existing liquor license holders. SECTION 2. That Chapter 9, Title 23, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 23 -959, Idaho Code, and to read as follows- 23-959. RESORT CITY RESTAURANT -- LICENSING. (1) Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator or franchisee of a Resort City Restaurant, located within city limits of a resort city as defined in section 50 -1044, Idaho Code, that has passed an authorizing ordinance, and has enacted local option nonproperty taxes in accordance with section 50 -1046, Idaho Code. (2) A licensee licensed under the provisions of this section shall: (a) Meet all qualifications set forth in subsection (3) of this section; (b) Pay an annual license fee to the director equal to liquor by- the -drink licensure as set forth in section 23- 904 (6), Idaho Code, and to the city and county as provided in section 23 -916, Idaho Code and the city's authorizing ordinance: (c) Serve liquor by the drink only during the hours that meals are served, except no liquor sales may be made before 5:00 p.m. or after 10:30 p.m.; (d) Serve drinks containing liquor only to customers who order or demonstrate intent to order a "full- course meal" For purposes of this subsection the term "full- course meal" shall mean a diversified selection of food which is ordinarily consumed with the use of tableware at a "Full Service Restaurant" as defined in subsection (3) of this nn�. 1J C I section, for on- premise consumption only in dining areas which are adequately staffed and equipped for all food services offered by the restaurant. The service of only fry orders, or such food and victuals as soups, sides, appetizers, sandwiches or salads shall not be deemed a full- course meal for the purposes of this section; (e) Maintain records in a form approved by the director. Records must be retained by the licensee for a minimum of two years, and be available to the licensing authority upon request for review; (f) Provide training for all employees taking orders for or serving drinks containing liquor, in the specifics of this subsection, including how to maintain the required records; (g) Certify in a format approved by the director that at least sixty percent (60 %) of gross revenues for the preceding twelve months are derived from non - alcohol food sales; and (h) Comply with all requirements established by the Resort City, adopted by Ordinance, for Resort City Restaurant Liquor Licenses. (3) Qualifications. For the purposes of this section, a "Resort City Restaurant" means a restaurant which meets all of the following requirements: (a) Is located within the city limits of a Resort City as defined in section 50 -1044, Idaho Code, which has enacted local option non - property taxes in accordance with section 50 -1046, Idaho Code, and which has adopted an authorizing ordinance stating the application process and any additional qualifications beyond those detailed herein. (b) Is a Full- Service Restaurant. "Full- Service Restaurant" for purposes of this act, means a restaurant as defined in 23 -942, Idaho Code, at which servers deliver individually priced meals of food and drink offered from a printed food menu to patrons at tables which are located in a dining room or rooms, and with a commercial kitchen with a Type 1 hood. and cooking equipment exclusive of microwave ovens and grills. (4) License Issuance. (a) Upon application, and thereafter upon renewal as prescribed by the director, applicant or licensee shall certify to the licensing authority that for the previous year at least sixty percent (60 %) of its gross revenues were comprised of non - alcohol sales. High - priced wine selling for more than $100 per bottle is exempt from this calculation. (b) The Resort City's authorizing ordinance may specify any additional local qualifications and process used to select eligible new license holders. (5) Renewal allowed. A resort city restaurant license issued pursuant to this section may be renewed by the licensee as prescribed by the director without regard for the continuation of local- option nonproperty tax by the city, provided the applicant for renewal is not otherwise disqualified from licensure pursuant to section 23 -910, Idaho Code or city authorizing ordinance. (6) Non - transferable. A resort city restaurant license issued pursuant to this section is non - transferable.