Ordinance - 1988 - 128 - Amend Beer License - 01/26/1988ORDINANCE NO. 128
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, REPEALING TITLE 3,
CHAPTER 2, ARTICLE A, EAGLE CITY CODE; ENACTING A NEW TITLE 3,
CHAPTER 2, ARTICLE A, EAGLE CITY CODE, TO REQUIRE A BEER RETAILER
TO OBTAIN A LICENSE BEFORE SELLING BEER, TO ESTABLISH BEER
LICENSEE QUALIFICATIONS AND LICENSE CONDITIONS, TO SET LICENSE
FEES, TO ESTABLISH LICENSE APPLICATION, REVOCATION, AND APPEAL
PROCEDURES, AND TO PROVIDE A PENALTY FOR VIOLATIONS; AND PROVIDING
AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, as follows:
Section 1: That Title 3, Chapter 2, Article A, Eagle City
Code, be, and the same hereby is, repealed.
Section 2: That a new Title 3, Chapter 2, Article A, Eagle
City Code, is hereby enacted, to read as follows:
Section 3-2A-1: DEFINITIONS
As used in this Article:
A. "Beer" means any beverage obtained by the alcoholic
fermentation of an infusion or decoction of barley, malt, and
other ingredients in drinkable water.
B. "Director" means the Director of the State of Idaho
Department of Law Enforcement.
C. "Person" means any individual, firm, co-
partnership, association, corporation, or any group or
combination acting as a unit.
D. "Retailer" means any person engaged in the sale of
beer to the consumer.
E. "Premise" means 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.
Section 3-2A-2: LICENSE REQUIREMENT
It shall be unlawful for any retailer to sell beer
without first obtaining a license in accordance with the
provisions of this Article.
Section 3-2A-3: APPLICATION FOR LICENSE AND REVIEW
A. Application for License: Application for a license
to sell beer at retail or the transfer or renewal of such
license shall be made in writing by an applicant. An
Page 1
application shall contain such information and statements
relative to the applicant and the premises where beer is to
be sold as the Mayor and City Council reasonably require and
shall be verified by the affidavit of the person making it
before a person authorized to administer oaths. Such
application shall be filed with the City Clerk and shall be
accompanied by the fee herein required.
B. Review of Application: When the City Clerk
determines that an application for a license or the transfer
or renewal of a license is complete, the City Clerk shall
present the application to the City Council at its next
regular meeting. If an applicant possesses all of the
qualifications and none of the disqualifications for a
license, as provided in Section 3-2A-4 of this Article, the
City Council shall approve the application. If the City
Council denies the application, the City Council 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 may take to
obtain a license or the transfer or renewal thereof.
Section 3-2A-4: QUALIFICATIONS OF APPLICANT
An applicant for a license or the transfer or renewal of
a license shall possess all of the qualifications and none of
the disqualifications necessary to obtain a retail beer
license from the Director of the Department of Law
Enforcement, as prescribed by Title 23, Chapter 10, Idaho
Code. The applicant shall possess a current state retail
beer license from the Director and a current county retail
beer license from the Board of Ada County Commissioners.
Section 3-2A-5: LICENSE FEES
Every retailer licensed under the provisions of this
Article shall pay to the City license fees as follows:
(1) Where such retailer sells only bottled or canned
beer, none of which is consumed on the premises where sold,
the annual license fee shall be fifty dollars ($50.00) a
year. The annual license fee shall be prorated to reflect
the actual months of issuance.
(2) Where such retailer sells for consumption on the
premises, 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.
Page 2
(3) Where such retailer obtains a license originally
issued to another retailer, the license transfer fee shall be
ten percent (10%) of the annual license fee.
(4) Where such retailer transfers a license from
authorized premises to other approved premises, the license
transfer fee shall be ten percent (10%) of the annual license
fee.
Section 3-2A-6: CONDITIONS OF LICENSE
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. 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.
B. Transfer Restrictions: A retailer licensed under
the provisions of this Article shall not assign or otherwise
transfer a City license to sell beer at retail to another
person without the approval of the City Council. Application
to transfer a license to another person shall be made to the
City Clerk in accordance with the provisions of Section 3-2A-
3 of this Article.
Section 3-2A-7: INSPECTION
The Director or any duly authorized representative of
the Director, any Ada County sheriff, and any City police
officer shall have the right, at any time the premises of a
licensee are occupied for any purpose, to make an examination
of the premises for the purpose of ascertaining whether the
laws of the State of Idaho, the rules and regulations of the
Director, and the ordinances of the City and County are being
complied with. The failure of a licensee or of a licensee's
agents or employees to permit any person authorized hereunder
to enter and examine the premises shall be deemed a violation
of this Article.
Section 3-2A-8: REVOCATION OF LICENSE
The City Council may revoke any license for fraud and
misrepresentation in its procurement, or in the event of the
conviction of a licensed retailer under the provisions of any
city or county ordinance, or of any law of the State of Idaho
or of the United States, regulating, governing, or
prohibiting the sale, manufacture, transportation, or posses-
sion of alcoholic beverages or intoxicating liquor, or upon
any other ground authorized by Title 23, Chapter 10, Idaho
Code.
Page 3
Section 3-2A-9: APPEAL AND REVOCATION PROCEDURES
A. License Revocation: The City Council shall proceed
in accordance with the notice and hearing provisions of Title
67, Chapter 52, Idaho Code, in considering the revocation of
a license pursuant to Section 3-2A-8 of this Article. The
City Council shall cause to be kept minutes and make a
transcribable verbatim record of any revocation proceeding.
If a license is revoked, the City Council shall keep the
transcribable verbatim record of the proceeding for a period
of not less than six (6) months after a written decision on
the matter is transmitted to the licensee.
B. Judicial Review: An applicant or licensee
aggrieved by a decision of the City Council may, within sixty
(60) days, seek judicial review under the procedures provided
in Sections 67-5215 and 67-5216, Idaho Code.
Section 3-2A-10: VIOLATION AND PENALTY
Any person violating any of the provisions of this
Article shall be guilty of a misdemeanor and punished as
provided in Section 1-4-1 of this Code.
Section 3: That 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.
-4i
DATED this rr- day of ( 1988.
CITY OF EAGLE
City Clerk
MLDkaj083
Page 4
By
Mayor
SUMMARY OF
ORDINANCE NO. 128
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, REPEALING TITLE 3,
CHAPTER 2, ARTICLE A, EAGLE CITY CODE; ENACTING A NEW'TITLE 3,
CHAPTER 2, ARTICLE A, EAGLE CITY CODE, TO REQUIRE A BEER RETAILER
TO OBTAIN A LICENSE BEFORE SELLING BEER, TO ESTABLISH BEER
LICENSEE QUALIFICATIONS AND LICENSE CONDITIONS,' TO SET LICENSE
FEES, TO ESTABLISH LICENSE APPLICATION, REVOCATION AND APPEAL
PROCEDURES, AND TO PROVIDE A PENALTY FOR VIOLATIONS; AND PROVIDING
AN EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 128 of
the City of Eagle, Ada County, Idaho, adopted on-riaR,wei ?.(o
1988, is as follows:
Section 1: Repeals Title 3,
Code.
Chapter 2, Article A, Eagle City
Section 2: Adopts a new Title 3, Chapter 2, Article A, Eagle
City Code, as follows:
Section 3-2A-1:
Provides definitions.
Section 3-2A-2: Requires a license for the retail
sale of beer.
Section 3-2A-3: Establishes a license application
procedure, providing for application review by the City
Council.
Section 3-2A-4: Sets forth applicant qualifica-
tions and disqualifications.
Section 3-2A-5:
license transfers.
Section 3-2A-6:
license premises and
Section 3-2A-7:
premises.
Establishes fees for licenses and
Establishes restrictions upon
license transfers.
Provides for inspection of license
Section 3-2A-8: Authorizes the revocation of a
license for specified grounds.
Section 3-2A-9: Establishes procedures for the
revocation of a license by the City Council and for
judicial review of an application denial or of a
license reovocation.
Section 3-2A-10: Makes the violation of this Article
misdemeanor and provides for punishment.
Section 3: Provides for an effective date.
DATED this day of aV4UN3 , 1988.
CITY OF EAGLE
ATTEST:
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. 128 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 21 day of "v01„Ka►-j' , 1988.
City Attorney
SUMMARY OF
ORDINANCE NO. 128
AN ORDINANCE OF THE CITY OF
EAGLE, IDAHO, REPEALING TITLE 3,
CHAPTER 2, ARTICLE A, EAGLE CITY
CODE; ENACTING A NEW TITLE 3,
CHAPTER 2, ARTICLE A, EAGLE CITY
CODE, TO REQUIRE A BEER
RETAILER TO OBTAIN A LICENSE
BEFORE SELLING BEER, TO
ESTABLISH BEER LICENSEE
QUALIFICATIONS AND LICENSE
CONDITIONS, TO SET LICENSE FEES,
TO ESTABLISH LICENSE AP-
PLICATION, REVOCATION AND AP-
PEAL PROCEDURES, AND TO
PROVIDE A PENALTY FOR
VIOLATIONS; AND PROVIDING AN
EFFECTIVE DATE
A summary of the principal provisions of
Ordinance No. 128 of the City of Eagle, Ada
County, Idaho, adopted on January 26, 1988,
is as follows:
Section 1: Repeals title 3, Chapter 2,
Article A, Eagle City Code.
Section 2: Adopts a new Title 3, Chapter 2,
Article A, Eagle City Code, as follows:
Section 3-2A-1: Provides definitions CATION
Section 3-2A-2: Requires a license for
retail sale of beer
Section 3-2A-3: Establishes a license
application procedure, providing for ap-
plication review by the City Council.
Section 3-2A-4: Sets forth applicant
qualifications and disqualifications.
Section 3-2A-5: Establishes fees for _. being first duly
licenses and license transfers.
Section 3-2A-6: Establishes restrictions ,pstwenty-one years
upon license premises and license tran- s NEWS. a weekly
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Section3-2A-7: Provides for inspection of .blLshed at Meridian,
license premises. d that the annexed
Section 3 -2A -b: Authorizes the revocation
of a license for specified grounds. once each week for
Section 3-2A-9: Establishes procedures
for the revocation of a license by the City Publication being on
Council and for judicial review of an ap- /911(... and the Inst
plication denial or of a license revocation.
Section 3-2A-10: Makes the violation of . — -
this Article a misdemeanor and provides
for punishment.
Section 3: Provides for an effective date.
DATED this 26th day of January,1988.
CITY OF EAGLE
STEVE GUERBER
Mayor
BARBARA MONTGOMERY
first City Clerk
PUBIJSH: Feb. 3,1988.
theioano statutes.
Chief Clerk UU
Sub cribed and sworn to before me this day
of t4, y-va r../ hi
19 p
In the newspaper
said newspaper had
y published in said
weeks prior to the
newspaper within
Notary Pu
c In and for Idaho
Residence or Postoffice Address /,r/6 :14111 , Idaho.
EXPIRES DEC. 1988