Ordinance - 1971 - 2 - Sale & regulation of beer - 06/14/1971ORDINANCE NO. 2
An Ordinance of the City of Eagle, Ada County, Idaho,
providing for the sale of beer and regulating the same, defining
terms thereof, licensing provisions, standards for applications,
limiting the number of hours, providing the hours of sale, pro-
viding for assignment of license and transfer thereof, providing
for the posting of such licenses, providing for a change of
place of business for the sale of beer, providing license fees,
providing for cancellation of licenses, providing for notice and
hearing of cancellation, providing penalty for violation of the
same, providing for revocation of said licenses and adopting
certain portions of the liquor and beer laws for the State of
Idaho;
BE IT HEREBY ORDAINED;
Section 18:
18-201: DEFINITIONS: As used in this act:
(a) The word "Beer" means any beverage obtained by the
alcoholic fermentation of an infusion or decoction of barley, malt
and/or other ingredients in drinkable water.
(b) The word "Per yon" includes any individual firm,
co -partnership, association, corporation or any group or combina-
tion acting as a unit, the plural as well as the singular number
unless the intent to give a more limited meaning is disclosed in
the context.
(c) The word "retailer" means any person engaged in the
sale or distribution of beer to the consumer.
18-202: SALE OF BEER - LICENSE REQUIRED:
It shall be unlawful for any person to offer for sale, sell,
or in any manner dispose of or keep for sale to consumers in the
City of Eagle, Idaho, beer, as defined in Section 18-201 of this
Chapter, without first obtaining a license therefor, in accordance
with the provi.:>ions of this Chapter, provided, however, that any
dealer, licensed as such by the State of Idaho, shall be allowed
to make sale and delivery of beer in unbroken packages or in kegs
of not less than four (4) gallons to a consumer for home consumption
in accordance with the State Statute in such cases made and pro-
vided, without a license in the City of Eagle.
18-203: APPLICATION FOR LICENSE:
Before any retailer shall sell beer within the Corporate
Limits of the City of Eagle, under the provisions of this Chapter,
he shall first make application in writing to the City Clerk, which
application shall contain such reasonable information touching and
concerning the applicant and the proposed location of his place of
business as the Mayor and Council of the City of Eagle may require,
and all applicants shall describe the location of the place of
business where it is proposed to sell beer, giving description
and general location thereof, and each application shall be
accompanied by written recommendations of the applicant signed
by not less than six (6) residents of the City of Eagle.
18-204: LICENSES NOT TO BE GRANTED TO CERTAIN PERSONS:
No license shall be granted to the following persons:
(a) A person who is not of good moral character.
(b) A person who is not devoted to the government of
the United Staten, and who is incapable of understanding the laws
of the United States, the State of Idaho, and the Ordinances of the
City of Eagle.
(c) A person under 21 years of age.
(d) A person to sell or dispose of beer by peddling.
(e) To any person to sell for consumption (except a
licensed person authorized to sell beer not to be used or drunk on
the premises) within four hundred feet (400'), measured on street
lines, of any block in which a public school building is located.
(f) To any person to sell in any room where there shall
be screens, boxes, curtains, frosted windows, subdued lights,
swinging doors, alcoves, booths, stalls, or any obstruction to
the complete view from the interior of such premises, to all parts
of the room on the premises where beer is sold.
(g) To any person who is not a citizen of the United
States and who has not been a bona fide resident of the State of
Idaho for the period of thirty (30) days prior to the date of making
such application and who is not at the date of making such applica-
tion a bona fide resident of Ada County, Idaho.
(h) To any person who shall have been convicted for
the violation of any law regulating, governing or prohibiting the
sale of alcoholic beverages or intoxicating liquor.
18-204(a): LICENSE LIMITED TO CERTAIN POPULATION:
After the date of the adoption of this ordinance, not
more than one (1) beer license shall be issued in the City of Eagle
for each 1250 population, or portion thereof, provided that this
Chapter shall not apply to the holders of any beer licenses now
in force or that may hereafter be applied for by the present holders
of such licenses, (or their successors) and to whom beer licenses
may hereafter be issued. In the event that any or all of said
beer licenses now in force shall be revoked or issuance of a
license to such holders refused for proper cause, then not more
than one (1) such beer license shall be hereafter issued in the
said City of Eagle for each 1250 population, or portion thereof.
18-205: HOURS OF SALE:
It shall be unlawful to sell, offer for sale or consume
within the City of Eagle, Idaho, any beer as defined in this
Chapter between the hours of 1:00 A.M. and the hour of 7:00 A.M.
18-206: ASSIGNMENT OF LICENSE:
Nothing in this Chapter contained shall be construed to
create a vested right in any person to make an assignment, or to
secure a renewal or reissuance of any license, or the right to
assign any license, or the right to issue a power of attorney over
a license.
18-207: TRANSFER APPROVAL - INSPECTION RIGHTS:
No license shall be assigned or transferred without the
written consent and approval of the Mayor and Council. The Chief
of Police of the City of Eagle or any police officer of the City
of Eagle, or the State of Idaho or of the United States shall have
the right at any time, when the said place of business of any
license is occupied for any purpose, to enter upon and examine
said premises for the purpose of ascertaining if the licensee is
conforming to the provisions of this Chapter and/or the laws of the
United States and/or the State of Idaho applicable thereto, and to
check the alcoholic contents of any beer being kept for the purpose
of sale or disposition on said premises. And the failure of said
licensee, his agent or employees to permit such investigation by
any such officers shall be deemed a violation of this Chapter and
shall make all licenses granted to any licensee under the provisions
of this Chapter subject to cancellation as hereinafter provided for.
18-208: POSTING OF LICENSE:
All licenses shall be posted in conspicuous places on
said premises and shall be kept posted for the full period of time
for which the license is issued.
18-209: CHANGING PLACE OF BUSINESS:
Any licensed person desiring to change his place of
business from one location to another shall file with the City Clerk
his application therefore. The City Clerk shall make an investiga-
tion of the new proposed place of business and within five (5) days
make a report to the Mayor and Council accompanied by the applica-
tion, and the Council shall consider and determine the manner of
such change of place of business.
18-210: LICENSE FEE:
Every person licensed under the provisions of this
Chapter shall pay the City of Eagle, Idaho, an annual license fee
for the sale of Draught and Bottled Beer, or Draught Beer only,
the sum of one hundred dollars ($100.00) per annum, payable at
the time application for license is filed, provided however, that
all licenses issued under the provisions of this Chapter shall
expire on the thirty-first day of December of the year in which
they shall be issued, notwithstanding the fact that such license
may have been issued after January 1. Provided furt-er, that the
fee for a license to sell beer in bottles or cans to be taken away
from the premises where sold and not to be consumed or opened on
the premises where sold, shall be twenty-five dollars ($25.00).
18-211: CANCELLATION OF LICENSE:
The right shall be and remain at all times vested in the
Mayor and Council of the City of Eagle and said Mayor and Council
shall revoke and cancel any license for fraud and misrepresentation
in its procurement, or for a violation of any of the provisions of
this Chapter, or for the violation of the Ordinances of the City of
Eagle, or for the violation of the laws of the State of Idaho or
the United States, or for any conduct or act permitted by him or
them on the premises where beer is sold, or in connection therewith,
or adjacent thereto tending to render said premises a public nuisance,
or a menace to the health, peace, safety or general welfare of the
City.
18-212: NOTICE AND HEARING:
Whenever information shall come to the City Clerk or to
the Chief of Police, that any licensee has committed any act render-
ing his license subject to revocation, it shall be the duty of the
Officer having such information to forthwith submit the facts in
writing to the Mayor and Council. Should it appear to the Mayor and
Council from such report, or from other information, that there is
a possible cause for the revocation of such license, a copy of such
report shall be served upon the licensee, together with a notice
citing him to appear before the Mayor and Council for investigation
of said complaint, at a time and place fixed and stated in such
notice. In case personal service cannot be made upon the licensee,
the notice shall be mailed to the licensee, addressed to his last
known business address. No further pleading shall be necessary.
Such hearing and investigation shall be informal. If upon such
hearing and investigation the Mayor and Council finds that cause
exists for the revocation of such license the same shall be revoked
by the Mayor and the Council.
18-213: PENALTY:
Any person violating any of the provisions of this
Chapter shall be guilty of a misdemeanor.
18-214: VALIDITY:
If any portion of this Chapter shall be declared uncon-
stitutional, it shall not invalidate any of the other provisions
thereof.
CONVICTION:
18-215: REVOCATION OF BEER LICENSE FOR GAMBLING
Any person holding a City beer license under the provisions
of this act shall have his license revoked for a period of thirty
(30) days upon conviction of the crime of gambling as defined by
this Code. Such person shall have his beer license revoked for a
period of one (1) year upon conviction of the crime of gambling a
second time under this Chapter, and any person convicted of such
gambling more than twice shall be permanently denied a beer license
by this City.
18-216: ADOPTION OF LIQUOR AND BEER LAWS:
There is hereby adopted for the purpose of governing
the licensing, sale and use of alcoholic beverages within the City
and laws of the State of Idaho being particularly Title 23, Idaho
Code, as presently in effect or as may hereafter be amended by the
Legislature and as contained in that certain volume "Idaho Liquor
and Beer Laws", revised through the acts of the 1969 Legislature,
published by authority of the Department of Law Enforcement, Liquor
Law Division, as the same may be revised by the Legislature or by
the governing body of the City. And the same are hereby adopted
and incorporated as an ordinance of the City as fully as though set
forth at length herein.
Three (3) copies of the Idaho Liquor and Beer Laws,
together with all amendments thereto, all duly certified by the
City Clerk, shall be kept on file in the office of the City Clerk
for use and examination of and by the public.
WHEREAS, there is an emergency therefor, which emergency
is declared to exist, the foregoing BEER, SALE AND REGULATION FOR
THE CITY OF EAGLE, IDAHO, shall take effect and be in force from
and after its passage, approval and publication as required by law.
Passed by the City Council and approved by the Mayor
of the City of Eagle, Ada County, Idaho, this 14th day of June,
1971.
ATTEST:
7,
Shir ey Bead row, City Clerk
CJ'7,
Otis A. Young,
Y
r
('IIAPTER XVI'
BEIM, SALE AND RECTION
4.8-201: Definitiens
I8-202: Sale of Beer - License Required
18-203: Application for License
18-204: Licenses Not to be Granted to
Certain Persons
18-204(a): Licenses Limited to Certain
Population
18-205: flours of Sale
18-206: Assignment of Licennsenspcction
I8-207: Transfer Approval -
Righ is
18-208: Posting of License
18-209: ('hanging Place of Business
18-210: License Fec
187-7.11: Cancellation of License
18-212: Notice and !tearing
18-213: Penalty
18-214: Validity
18-215: Revocation of Beer License for
Gambling Conviction
18-216: Adoption of Liquor and Beer
Laws
18-201: DEFINITIONS: As used in this
act:
i` °) The word "13cer'',a,.meu,•tts any
sYh
fermentation of an infusion or
decoction of barley, malt and/or other
ingredients in drinkable water.
(b) The word "Person" includes any
individual firm, co -partnership,
association, corporation or any group
or combination acting as a unit, the
plural as well as the singular number
unless the intent to give a more limited
meaning is disclosed in the context.
(c) The word "retailer" means any
person engaged in the sale or;
distribution of beer to the consumer.
18-302: SALF OF BEER - LICENSE
REQUIRED: to
It shall be unlawful for any person
1 Offer for sale, sell, or in any manner
dispose of or keep t'or sale to
consumers in the City of Eagle, Idaho,
beer, as defined in Section 18-201 of
this Chapter, without first obtaining a
license therefor, in accordance with the
provisions of this Chapter. provided.
however. that any dealer, licensed as
such by the State of Idaho. shall be
allowed to make sale and delivery of
beer in unbroken packages or in kegs of
not fess than four (4) gallons to a
consumer for home consumption in
accordance with the State Statute in
such cases made and provided, without
a license in the City of Eagle.
18-203: APPLICATION FOR
LICENSE:
Before any retailer shall sell beer
within the Corporate Limits of the City
of Eagle, under the provisions of this
Chapter, he shall first make application
in writing to the City Clerk, which
application shall contain such
reasonable information touching and
concerning the applicant and the
proposed location of his place of
business as the Mayor and Council of •
the City of Eagle may require, and all
applicants shall describe the location of '
the place of business where it is
proposed to sell beer, giving description
and general location thereof, and each
application shall be accompanied by
1
PROOF OF PUBLICATION
State of Idaho,
County of Ada ss.
I, _ /� L 227- , being first duly
sworn, depose and say, that I am over twenty-one years of
age, and Chief Clerk of VALLEY NEWS -TIMES, a weekly
newspaper of general circulation, published at Meridian,
County of Ada, State of Idaho, and that the annexed
notice was published in said paper once each week for
consecutive weel, the first publication being on
the CL day of _. _ C1 , 19__7Z_, and the last
publication being on the L2r day of 4-1-!.
That said notice was published in the newspaper
proper and not in a supplement. That said newspaper had
been continuously and uninterruptedly published in said
county for a period of 78 consecutive weeks prior to the
first publication of this notice, and is a newspaper within
the meaning of the Idaho statutes.
Chief Clerk
Subscribed and sworn to before me this - day
NotaryPublic in and f r Idaho
o
Residence or Postoffice Address _1___ , Idaho.
f