HomeMy WebLinkAbout0329 Liquor Regulations 1990CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 329
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
SECTIONS 5.12.030 TO BRING IT INTO COMPLIANCE WITH IDAHO
CODE; AMENDING SECTION 5.12.090 TO ALLOW SUNDAY SALE OF
BEER; ADOPTING A NEW CHAPTER 5.08 TO REVISE AND UPDATE
CHUBBUCK'S LIQUOR-BY-THE-DRINK ORDINANCE; ADOPTING A NEW
CHAPTER 5.16 TO REVISE AND UPDATE CHUBBUCK'S WINE ORDINANCE;
VALIDATING 1990 LICENSES ISSUED PRIOR TO PASSAGE OF THIS
ORDINANCE; ADOPTING SECTION 9.08.110 TO PROVIDE FOR WHEN
PATRONS MUST LEAVE THE PREMISES; REPEALING PRIOR CONFLICTING
ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS
OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND
PROVISIONS OF CHAPTER 5 NOT HEREIN AMENDED SHALL REMAIN IN
FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE
SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Intent. The City of Chubbuck adopts this
ordinance to allow Sunday sales of beer, liquor and wine.
Further this ordinance will revise and update Chubbuck's liquor
by-the-drink ordinance and bring provisions of other existing
alcoholic beverage ordinances into compliance with Idaho law.
Section 2.
as follows:
5.12.030
Section 5.12.030 Section 5.12.030 is amended
License ' . ~__~A~_ ~ .... ,,,..
required, .......... ~-~^~ It shall be
unlawful and punishable as a misdemeanor to sell beer within the
city unless a valid and unrevoked beer retailer's license,
separate from and in addition to a business license otherwise
required by this code, has been obtained from the city. As a
condition of receiving or holding a valid city beer retailer's
license, the licensee shall have and keep in force a valid and
unrevoked beer retailer's license from the county of Bannock,
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state of Idaho, and shall comply with all other application
requirements imposed by this code and the Idaho Code.
Section 3. Section 15.12.090. Section 15.12.090 of the
Chubbuck Municipal Code is amended as follows:
5.12.090 Hours for sales. It shall be unlawful for any
person who has received a license pursuant to this chapter to
sell, offer for sale, lend, dispose of by gift or otherwise, any
beer as defined herein, between the hours of one a.m. and seven
a.m.
Patrons shall not be admitted to or remain upon the premises
of an on site beer retailer past 1:15 a.m.
Section 4.
as follows:
5.12.110
Section 5.12.110 Section 5.12.110 is amended
Conduct on premises; inspections. A. Every
person to whom a license shall be granted to sell, barter, trade
or dispose of beer shall, at all times, conduct a quiet and
orderly place of business which shall be open to the inspection
at all times of any police officer or health officer, and all
said officers or any of them shall have the right at any and all
times to make an examination of said licensed premises to
ascertain if the licensee of such premises has complied with the
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application form and is conforming to the provisions of this
chapter, and to determine if all permits and licenses required
have been properly issued and are posted in a conspicuous place
on the premises.
B. The licensed premises shall be deemed a disorderly
place of business and the license therefor issued to said person
and the place of business shall be subject to revocation or
suspension upon the happening of any of the following
circumstances, upon proof being furnished to the clerk or to the
police department:
1. Said premises shall be deemed a disorderly place
of business if it appears to the clerk or to the police
department that said place of business or licensed premises
is being frequented by intoxicated and/or disorderly
persons; or if said place of business is frequented by
persons known to be law violators or to be vagrants.
2. When said place of business to which a license has
been issued is being operated by any person other than the
licensee named in said license.
3. It shall be deemed unlawful and the license shall
be subject to revocation or suspension as herein provided
for, should said licensee sell, dispense, trade or barter
beer for consumption upon the licensed premises, or permit
beer to be consumed when ~"-~ ...... ~ h~urs "~ ...... ~ ~^-
~ prohibited pursuant to Section 5.12 090 ~ .... ~ ~
~ Presence of any uncapped or opened beer bottles,
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containers, cans or glasses on the premises during those
prohibited hours shall be prima facie proof of a violation.
Section 5. Chapter 5.08. is redesignated "Liquor
Regulations", is repealed in its entirety, and a new Chapter 5.08
adopted as follows:
Sections:
5.08.010
5.08.020
5.08.030
5.08.040
5.08.050
5.08.060
5.08.070
5.08.080
5.08.090
5.08.100
LIQUOR REGULATIONS
License required.
License application.
Licensee's qualifications
Issuance of license.
License fees.
License transferrable.
Revocation of license.
Hours of sale.
Adoption of state law.
Place of disposition of liquor.
5.08.010 License required. It is lawful to sell liquor-
by-the-drink, providing, a license is first obtained and the
rules and regulations and provisions concerning the licensing and
operation of the place of business as provided in this chapter
shall be complied with.
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5.08.020 License application. Application for license
shall be in writing, signed and sworn to by the applicant upon
application forms furnished by the clerk. Such application shall
be filed with the clerk and presented to the city council at the
next regular meeting of the council for their approval, rejection
or further consideration°
5.08.030 Licensee's qualifications. The applicant for a
license shall possess all of the qualifications necessary to
obtain a license from the director of law enforcement and the
county, evidence of which licenses having been issued shall be
prima facie evidence of the applicant's qualifications to receive
a license hereunder.
5.08.040 Issuance of license. Upon filing the application
for a license and production of evidence as required by Section
5.08.030 herein as to the qualifications of the applicant and by
the payment of the required license fee, the clerk shall, upon
approval of the council, issue to the applicant a license to sell
liquor-by-the-drink within the municipality for such calendar
year or the remainder thereof.
5.08.050 License fees. The license fees required for
establishments handling liquor-by-the-drink shall be in the sum
equivalent to seventy-five percent of the license fee imposed and
collected by the state per calendar year or portion thereof,
payable in advance.
5.08.060 License transferable. Such license shall be
issued only upon payment of the fee specified. Such license
shall be transferrable, and if the licensee or transferee named
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therein ceases to personally supervise, conduct and operate the
business in the license mentioned above, the license shall
thereby terminate and no fee paid, nor any part thereof for such
license shall be refunded, even though the licensee or transferee
may fail to operate for the period named therein or for any
portion of that period. There is set a transfer fee of $20.00
payable to the city prior to any transfer provided in this
chapter.
5.08.070 Revocation of license. The right shall be and
remain at all times vested in the city council and the city
council may, as hereinafter provided, revoke or cancel any
license for fraud or misrepresentation in its procurement, or for
a violation of any of the provisions of this chapter, or for any
conduct or act of the licensee or his employees or any conduct or
act permitted by him or them on the premises where such business
is conducted, or in connection therewith or adjacent thereto,
tending to render such business or such premises where the same
is conducted as a public nuisance or a menace to the health,
peace and safety or general welfare of the city; provided, that
revocation or suspension of the state license by the director of
law enforcement shall automatically revoke or suspend the license
issued herein. In the case of suspension by the director,
nothing shall prohibit the city council from subsequently
revoking the city license after notice and hearing.
5.08.080 Hours of Sale. A. Except as otherwise provided
in Idaho Code § 23-927, it is unlawful for any person to sell, or
to offer for sale on any premises liquor-by-the-drink as follows:
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i. Within the city limits between the hours of one a.m.
and ten a.m. on any day of the week, and on Memorial Day,
Thanksgiving Day and Christmas from one a.m. until ten a.m.
the following day.
ii. On any day of a general or primary election until after
the time the polls are closed; provided, however, that there
shall be no such prohibition during city-only elections.
B. It is unlawful for any licensee or his or its employed
agents, servants, bartenders, or other persons in any way acting
in behalf of the licensee to permit or allow any patrons or other
persons, other than police officers, persons authorized by law,
or bona fide employees of the licensee engaged in the lawful
performance of their duties, to be admitted to or to remain
present in or upon the licensed premises or to consume any
liquor, beer, or wine in or upon the licensed premises after the
hour of one-fifteen a.m.
C. It is unlawful for any person excepting a police
officer or other person authorized by law to remain present in
and upon any premises licensed to sell liquor-by-the-drink after
the hour of one-fifteen a.m., after having been required or
ordered to leave such licensed premises by the licensee or his or
its employed agents, servants or bartenders.
5.08.090 Adoption of state law. All provisions of state
law are adopted as a part of this chapter insofar as they are
applicable.
5.08.100 Place of disposition of liquor. It is unlawful
for any licensee to sell, give away, dispense, vend or deliver
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any liquor in any fashion, or by means or devise, except upon the
licensed premises.
Section 6. Title 5.16. Title 5.16 is repealed in its
entirety and the following substituted in its place:
Sections:
5.16.010
5.16.020
5.16.030
5.16.040
5.16.050
5.16.060
5.16.070
5.16.080
5.16.090
5.16.100
Chapter 5.16
WINE SALES
Definitions
License required.
Application for license.
Qualifications.
License fees; term.
Issuance of license.
Transferability.
Revocation of license.
Hours of Sale.
Condition of sale.
5.16.010 Definitions. The following terms as used in this
chapter are defined as set out in this section:
"Director" means the director of Law Enforcement of the
ao
state.
B.
"Person" includes an individual, firm, copartnership,
association, corporation or any group or combination acting as a
unit, and includes the plural as well as the singular unless the
intent to give a more limited meaning is disclosed by the context
in which it is used.
C. "Retailer" means the person to whom a retail wine
license has been issued.
D. "Retail wine license" means a license issued by the
director, authorizing a person to sell wine at retail for the
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consumption off the licensed premises.
E. "Wine" means any alcoholic beverage containing not more
than fourteen percent alcohol by volume obtained by the
fermentation of the natural sugar content of fruits or other
agricultural products containing sugar.
F. "Wine-by-the-drink license" means a license to sell
wine by the individual glass or opened bottle at retail, for
consumption on the premises only.
5.16.020 License required. It is unlawful for any person
to sell wine at retail for consumption off the licensed premises
or to sell by the individual glass or opened bottle for
consumption on the premises within the corporate limits of the
city without first having obtained a license therefor under the
provisions of this chapter.
5.16.030 Application for license. The application for a
retail wine license or wine-by-the-drink license shall be in
writing, signed and sworn to by the applicant upon application
forms furnished by the clerk and accompanied by the license fees
as set forth hereinafter.
5.16.040 Qualifications. The applicant for a retail wine
license or wine-by-the-drink license shall possess all of the
qualifications necessary to obtain a license from the Director of
Law Enforcement of the state, as prescribed by the laws of the
state, and maintain such qualifications throughout the period for
which such license is issued. Licenses from the Director of Law
Enforcement and the county in addition to a city beer license,
shall be prima facie evidence of the applicant's qualifications
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to receive a license under this chapter.
5.16.050 License fees; term. The fee for such license
shall be two hundred dollars per year (or part thereof)
regardless of whether sales are for consumption on or off the
premises. The terms of such licenses shall run concurrently with
business licenses as established elsewhere in this code.
5.16.060 Issuance of license. Upon filing the application
for a license and production of evidence as required by Section
5.16.040 herein as to the qualifications of the applicant and by
the payment of the required license fee, the clerk shall, upon
approval of the council, issue to the applicant a retail wine
license or wine-by-the-drink license within the municipality for
such calendar year or the remainder thereof.
5.16.060 Transferability. The requirement for the
assignment or transfer of a wine license shall be the same as
provided by Idaho Code Section 23-1317. In addition to
requirements imposed by such provisions, an assignment or
transfer of a license shall only be made if the transferee
possesses all of the qualifications and none of the
disqualifications of a licensee. Such assignment or transfer
shall only be effective upon the approval thereof by the city
council following the submission of an application therefor to
the city clerk and the fee for such assignment or transfer of a
retail wine license shall be twenty dollars.
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5.16.080 Revocation of license. The right shall be and
remain at all times vested in the city council, and the city
council may, as hereinafter provided, revoke or cancel any
license for fraud or misrepresentation in its procurement, or for
a violation of any of the provisions of this chapter, or for any
conduct or act of the licensee or his employees or any conduct or
act permitted by him or them on the premises where such business
is conducted, or in connection therewith or adjacent thereto,
tending to render such business or such premises where the same
is conducted as a public nuisance or a menace to the health,
peace and safety or general welfare of the city; provided, that
revocation or suspension of the state license by the director of
law enforcement shall automatically revoke or suspend the license
issued herein. In the case of suspension by the director,
nothing shall prohibit the city council from subsequently
revoking the city license after notice and hearing.
5.16.090 Hours of Sale. It shall be unlawful for any
person to sell or offer wine for sale at retail or wine-by-the-
drink on any premises located within the city limits within
Bannock County between the hours of one a.m. and seven a.m.
Patrons shall not be admitted to or remain on the premises of a
wine-by-the-drink licensee past one-fifteen a.m.
5.16.100 Condition of sale. Persons possessing a retail
wine license only shall not permit consumption of wine on the
licensed premises and may sell the wine only in its original,
unbroken, sealed container for consumption off the premises.
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Persons possessing wine-by-the-drink licenses may sell wine for
consumption on the premises only.
5.16.110 Possession. No person may, while operating or
riding in or upon a motor vehicle upon a public highway of this
state, have in his possession any wine in an open or unsealed
container of any kind.
Section 7. Validation of existing licenses. Ail beer, wine
and liquor-by-the-drink licenses issued for calendar year 1990
prior to the passage of this ordinance shall remain valid under
the terms of the then existing ordinance.
Section 8. Section 9.08.190. The following Section
9.08.190 shall be added to the Chubbuck Municipal Code:
9.08.190 Sales of Alcoholic Beverages after Closing. It
should be unlawful for any licensee licensed to sell liquor-by-
the-drink, wine-by-the-drink or beer upon the premises or his or
its employed agents, servants, bartenders, or other persons in
any way acting in behalf of the licensee to permit or allow any
patrons or other persons, other than police officers, persons
authorized by law, or bona fide employees of the licensee engaged
in the lawful performance of their duties, to be admitted to or
to remain present in or upon the licensed premises or to consume
any liquor, beer or wine in or upon the licensed premises after
the hour of one-fifteen a.m. prevailing city time and until seven
a.m. prevailing city time.
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It shall be unlawful for any person excepting a police
officer or other person authorized by law to remain present in or
upon any premises licensed to sell liquor-by-the-drink, wine-by-
the-drink or beer after the hour of one-fifteen a.m., prevailing
city time and until seven a.m. prevailing city time, after having
been required or ordered to leave such licensed premises by the
licensee or his or its employed agents, servants or bartenders.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflictinq Ordinances. The
provisions of any Ordinance of the City of Chubbuck, Idaho, and
any provision of the Chubbuck Municipal Code which are in
conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict. All other sections and
provisions of Title 5 and Chapter 9.08 not herein amended shall
remain in full force and effect.
Section 2. Severability. If any provision of this
ordinance is held invalid, for any reason, by any court of
competent jurisdiction, such holding shall not affect the
validity or enforceability of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance
to be read on three separate days, one of which shall be a
reading in full, is hereby dispensed with, and this Ordinance
shall become effective upon its passage, approval and publication
as provided by law.
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PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this 6
ATTEST:
CITY CLERK
day of March , 1990.
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