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0329 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, Ordinance - Page 1 dsc chbbck03.061 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 Ordinance - Page 2 dsc chbbck03.061 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, Ordinance - Page 3 dsc chbbck03.061 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. Ordinance - Page 4 dsc chbbck03.061 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 Ordinance - Page 5 dsc chbbck03.061 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: Ordinance - Page 6 dsc chbbck03.061 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 Ordinance - Page 7 dsc chbbck03.061 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 Ordinance - Page 8 dsc chbbck03.061 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 Ordinance - Page 9 dsc chbbck03.061 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. Ordinance - Page 10 dsc chbbck03.061 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. Ordinance - Page 11 dsc chbbck03.061 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. Ordinance - Page 12 dsc chbbck03.061 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. Ordinance - Page 13 dsc chbbck03.061 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 6 ATTEST: CITY CLERK day of March , 1990. Ordinance - Page 14 dsc chbbck03.061