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Ordinance - 1988 - 146 - Regulating Sale Of Liquor - 11/15/1988ORDINANCE NO. 146 AN ORDINANCE REGULATING THE SALE OF LIQUOR BY THE DRINK IN THE CITY OF EAGLE, IDAHO; PROVIDING DEFINITIONS; REQUIRING LICENSE; PROVIDING FEES; PROVIDING PROCEDURE FOR APPLICATION, RENEWAL, TRANSFER AND REVOCATION OF LICENSE; PROVIDING FOR HOURS OF SALE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to a petition in writing filed with the City Clerk in accordance with Section 23-917, Idaho Code, the City Council, by adoption of Resolution No. 6-88 on October 18, 1988, duly called an election to be held within the City of Eagle (the "City") on November 8, 1988, for the purpose of submitting to the qualified electors of the City the question of whether the sale of liquor by the drink shall be licensed and permitted in the City; and WHEREAS, at said election, duly held and conducted on November 8, 1988, the requisite majority of the electors voting on said question voted in favor of licensing and permitting the sale of liquor by the drink in the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section 1: DEFINITIONS As used in this chapter, the following terms shall have the following definitions: "Beer" shall have the meaning provided in Section 3-2A-1, Eagle City Code. "City" means the City of Eagle, Ada County, Idaho. "City Clerk" means the Clerk of the City. "City Council" means the Council of the City. "Director" means the Director of the Department of Law Enforcement of the State of Idaho. "License" means a retail liquor license issued under the provisions of this chapter. "Licensee" means a person to whom a license is issued under the provisions of this chapter. "Liquor" means any kind of liquor sold by and in a state liquor store of the State of Idaho. Page 1 "Person" means an individual, partnership, corporation, organization, or association. "Premises" means 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" means a retail liquor license issued by the Director to a qualified person pursuant to title 23, chapter 9, Idaho Code. Section 2: FINDINGS AND POLICY The City Council hereby finds and determines that it is in the best interests of the City and its inhabitants, and in the best interests of the public health, safety, morals, and welfare, that the proliferation of the number of premises within the City licensed for the sale of alcoholic beverages by the drink not be encouraged. It shall therefore be the policy of the City, to the extent possible, to issue licenses under this chapter to those premises which were licensed for the sale of beer by the drink, and which were actually operating under such licenses, as of the date of the election approving the licensing and sale of liquor by the drink within the City. The City Council further finds and determines that the foregoing restriction is reasonable and will further the policy of the City against the proliferation of premises licensed for the sale of alcoholic beverages by the drink within the City. Section 3: LICENSE REQUIRED It shall be unlawful for any person to sell liquor by the drink at retail within the corporate limits of the City without first having obtained a license therefor as provided in this chapter. Section 4: APPLICATION FOR LICENSE Each applicant for a license shall file with the Clerk an application in writing, verified by affidavit, setting forth the following: A. The name and address of the applicant, which shall include all members of a partnership or association, and the officers and members of the governing board, and ten (10) principal stockholders of a corporation. B. A detailed statement of the assets and liabilities of the applicant. Page 2 C. A statement that the applicant possesses all of the qualifications and none of the disqualifications necessary to obtain a state license from the Director as provided by title 23, chapter 9, Idaho Code, and that the applicant holds a retail beer license issued under the laws of the State of Idaho. D. A detailed description of the premises for which a license is sought, including its location, showing that it is located in a zone in which the sale of alcoholic beverages is permitted under the Zoning Ordinance of the City, and the name of the owner of the premises. E. A copy of the articles of incorporation and bylaws of any corporation, the articles of association and bylaws of any association, or the articles of partnership of any partnership. F. The names and addresses of all persons who will have a financial interest in any business to be carried on in the licensed premises, whether such interest results from open loans, mortgages, conditional sales agreements, limited partnerships, trusts, or any other basis other than accounts incurred in the ordinary course of business, and the extent of such interest. G. If the premises to be licensed are not owned by the applicant, then a true and correct copy of the lease shall be attached showing that the owner consents to the sale of liquor by the drink on such premises. H. Such information as may be reasonably required by the City Clerk in order to determine the applicant's quali- fications or disqualifications for a license under this chapter. If, during the period of any license issued hereunder, any change shall take place in any of the requirements of this section, the licensee shall forthwith make a verified report of such change to the City Clerk. If, during the period of any license issued hereunder, the licensee seeks to move his business from one premise to another within the City, he may do so subject to the Director's approval that the new premise is suitable for the carrying on of the business, and subject to compliance with applicable zoning, building, and other ordinances of the City. The making of any false statement in any part of the application, or in any subsequent report required under this section, shall constitute a misdemeanor. Page 3 Section 5: INVESTIGATION OF APPLICANT Upon receipt of an application for a license under this chapter, 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 disqualifications for a license. The City Clerk may, additionally, conduct such independent investgation as he or she may deem appropriate. The City Clerk shall, within thirty (30) days of the receipt of the application and fee, cause to be transmitted to the City Council the applica- tion and the results of such investigation. Section 6: LICENSE FEE Each licensee shall pay an annual license fee in advance in the amount of $562.50 per annum. If the license is issued for less than a full calendar year, the license fee shall be prorated as of the month of actual issuance, but shall not be less than one-fourth of the annual fee. Section 7: RETAIL LIQUOR LICENSE If the City 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 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; 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. Section 8: FORM, EXPIRATION, RENEWAL, AND TRANSFER OF LICENSE Every license issued under this chapter shall be issued by the City Clerk upon direction 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 Page 4 times. Every license issued under the provisions of this chapter 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 (1) license in the City for any one year. No partnership, association, or corpora- tion 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. All licenses shall expire at 2:00 o'clock A.M. on January first of the following year and shall be subject to renewal upon proper application. Renewal applications for licenses accompanied by the required fee must be filed with the City Clerk on or before January 1st of the following year, provided, however, any licensee holding a valid license who fails to file an application for renewal of his current license on or before January 1st of the following year shall have a grace period of an additional thirty- one (31) days in which to file an application for 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, together with a transfer fee in the amount of ten percent (10%) of the purchase price of the liquor license or fifty percent (50%) of the annual license fee, whichever is greater, the City Clerk shall make the same investigation as provided under Section 5 above and submit such application for transfer to the City Council, which shall, by motion or other official action, grant or deny the transfer of said license. In the event the City Council grants the transfer of said license, 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(4)(a), (b), (c), (d), or (e), Idaho Code. Section 9: ACTUAL USE REQUIRED Each new license shall be placed into actual use by the original licensee at the time of issuance and shall remain in actual use for at least six (6) consecutive months or be forfeited to the City. Such license shall not be transferrable, except as provided in Section 23-908(4)(a), (b), (c), (d), or (e), Idaho Code, for a period of two (2) years from the date of original issuance. Page 5 Section 10: HOURS OF SALE No liquor shall be sold, offered for sale, or given away upon any licensed premises, and all liquor not in sealed bottles must be locked in a separate room or cabinet, during the following hours: a. Memorial Day, Thanksgiving, and Christmas from 2 o'clock A.M. to 10 o'clock A.M. the following day. b. On any other day between 2 o'clock A.M. and 10 o'clock A.M. c. On any day of a general or primary election until after the time when the polls are closed. Any patron present on the licensed premises after the sale of liquor has stopped as provided above shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverages already served. Any person who consumes or intentionally permits the consump- tion of any alcoholic beverage upon licensed premises after the time provided for above shall be guilty of a misdemeanor. It shall be the duty of every person who is employed at or upon a licensed premises or who owns or manages a licensed premises and is present upon the licensed premises during the hours and at the time set forth in this section to lock up and keep locked up in a locked room or locked cabinet all unsealed containers of liquor during the hours and at the times set forth in this section, and any such person who fails to perform the duty provided herein shall be guilty of a misdemeanor. Section 11: REVOCATION AND SUSPENSION The City Council may, in accordance with proceedings provided for revocation of beer licenses under Section 3-2A-9, Eagle City Code, revoke any license for any of the grounds set forth in Section 3-2A-8, Eagle City Code, or upon any other ground authorized by title 23, chapter 9, Idaho Code. The suspension of a license for the sale of beer or wine shall automatically result in the suspension of any license for the sale of liquor held by the same licensee and issued for the same premises. Such additional suspension shall be equal in length to and run concurrently with the period of the original suspension. Page 6 Section 12: PENALTIES Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. Section 13: EFFECTIVE DATE This ordinance shall take effect and be in force from and after its passage, approval, and publication. In lieu of publication of the entire ordinance, a summary of this ordinance may be published in compliance with Section 50-901A, Idaho Code. DATED this 15th day of November, 1988. ATTEST: '''Cilljir Page 7 CITY OF EAGLE By Mayor SUMMARY OF ORDINANCE,NO. 146 AN ORDINANCE REGULATING THE SALE OF LIQUOR BY THE DRINK IN THE CITY OF EAGLE, IDAHO; PROVIDING DEFINITIONS; REQUIRING LICENSE; PROVIDING FEES; PROVIDING PROCEDURE FOR APPLICATION, RENEWAL, TRANSFER AND REVOCATION OF LICENSE; PROVIDING FOR HOURS OF SALE; AND PROVIDING AN EFFECTIVE DATE A summary of the principal provisions of Ordinance No. 146 of the City of Eagle, adopted by the Eagle City Council on November 15, 1988, is as follows: Section 1: Provides definitions. Section 2: Makes findings and establishes policy not to encourage the proliferation of premises licensed to sell alcoholic beverages. Section 3: Requires a person possess a license before selling liquor by the drink at retail. Section 4: Requires a person apply to the City Clerk for a license and sets forth the information to be provided in such application; requires a person report changes to the City Clerk; permits the relocation of a licensed business upon approval. Section 5: Provides for an investigation by the City Clerk of an application and, upon receipt of the application fee, transmittal to the City Council. Section 6: Establishes an annual license fee. Section 7: Provides for the issuance of a license to an applicant upon the City Council's determination that the applicant is qualified; establishes the priority for the issuance of licenses. Section 8: Sets forth the contents of a license; requires that a license be displayed; places limitations upon the number of licenses a person may be granted; establishes the time at which a license will expire and a "grace period" for renewal; establishes the procedure and fee for transferring a license. Section 9: Places restrictions upon when a license must be placed into and remain in use and upon when it may be transferred. Section 10: Limits the days upon and the hours during which liquor by the drink may be sold; requires employees enforce day and hour restrictions. Section 11: Establishes the procedure and sets forth the grounds therefor. Section 12: Makes a violation of the chapter a misdemeanor. for revoking a license provisions of the Section 13: Provides an effective date. The full text of Ordinance No. 146 is available at City Hall and will be provided to any citizen for inspection, upon personal request, during normal office hours. DATED this 15th day of November, 1988. CITY OF EAGLE By ATTEST: Mayor 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 attached summary of Ordinance No. 146 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 15th day of November, 1988. City Attorney County of Ada § State of Idaho § SS. Marjorie Ruth Moon, being first duly sworn, on oath says that she is the principal clerk of The VALLEY NEWS, a newspaper of general circulation, published weekly by Marjorie Ruth Moon, publisher, at Meridian, County of Ada, State of Idaho; Principal Clerk 17th day of PROOF OF PUBLICAN i�JN That the annexed notice was published in said news- paper once each and every week for 1 consecutive weeks, the first publication being on the 16th day of November ,19_i$, and the last publication being on the 16th day of November , 19 $$ That the said newspaper has been published continu- ously and uninterruptedly in said county during a perioc of more than seventy eight consecutive weeks prior to the first publication of the attached notice. Subscribed and sworn to before me this November , 19 88. It SUMMARY OF ORDINANCE NO. 146 AN ORDINANCE REGULATING THE SALE OF LIQUOR BY THE DRINK IN THE CITY OF EAGLE, IDAHO; PRO- VIDING DEFIN1TIOINS; REQUIRING LICENSE; PROVIDING FEES; PRO- VIDING PROCEDURE FOR APPLI- CATION, RENEWAL, TRANSFER AND REVOCATION OF LICENSE; PROVIDING FOR HOURS OF SALE; AND PROVIDING AN EFFECTIVE DATE. A summary of the principal provisions of Ordinance No. 146 of the City of Eagle, adopted by the Eagle City Council on November 15, 1988 is as follows: Section 1: Provides definitions. Section Z: Makes findings and estab- lishes policy not to encourage the prolif- eration of premises licensed to sell alco- holic beverages. Section 3: Requires a person possess a license before selling liquor by the drink at retaiL Section 4: Requires a person apply to the City Clerk for a license and sets forth the information to be provided in such application; Requires a person report changes to the City Clerk; Permits the relocation of a licensed business upon approval Section 5: Provides for an investigation by the City Clerk of an application, and, upon receipt of the application fee, trans- mittal to the City Council. Section 6: Establishes an annual li- cense fee. Section 7: Provides for the issuance of a license to an applicant upon the City Council's determination that the appli- cant is qualified; Establishes the priority for the issuance of licenses. Section 8: Sets forth thf license; Requires that a liA,t played; Places limitations uponj• ber of licenses a person may bey .Q; Establishes the time at which a license will expire and a "grace period for re- newal"; Establishes the procedure and fee for tranfermg a license. Section 9: Places restrictions upon when a license must be placed into and remain in use and upon when it may be transferred. Section 10: Limits the days upon and the hours during whidi liquor by the drink may be sold; Requires employees enforce day and hour restrictions. Section 11: Establishes the prodecnre for revoking a license and sets forth the grounds therefor. Section 12: Makes a violation of the provisions of the chapter a misdemeanor. Section 13: Provides an effective date. The full text of Ordinance No. 146 is available at City Hall and will be provided to any citizen for inspection, upon per- sonal request, during normal office hours. Dated this 15th day of November, 1988. 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 attached summary of Ordinance No. 146 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 15th day of November, 1988. /s/ Mona Dobaran-Mack City Attorney PUBLISH: Nov. 16, 1988m - 24 --An_!) Notary Public Residence: r 1t / My commission expires: 9 / - 9�