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0062 Beer Licensing 1964McDEVITT & McDEVITT ATTORNEYS -AT -LAW FIRST SECURITY BANK BUILDING POCATELLO,IDAHO ORDINANCE NO. A N O R D I N A N C E k._ _ . , OF THE VILLAGE OF CHUBBUCK, BANNOCK COUNTY, IDAHO. A C012REHENSIVE ORDINANCE, PROVIDING FOR THE LICENSING OF THE SALE AND DISTRIBUTION OF BEER; REQUIRING LICENSES; PROVIDING AN APPLICATION FORSI; DEFINING TEM. S; PROVIDING FOR CONTENTS OF APPLICATION; PROVIDINIG ANNUAL LICENSE FEES; SETTING I,�NI- 1!11,11 QUALIFICATION3S OF LICENSEES; LI1,1ITING FINANCIAL, INTEREST,' IN1 LICENSINdG Pt EIIISES OR LICEN ?SING BUSINESSES; REQUIRING DESCRIPTION OF LICENSED PREN1IISES, NAMES OF INTERESTED PER- SONS, AND APPROVAL BY 01MERS OF PRE11IS ES; REQQUIRING LICENSEE; TO REPORT CHANGES DURING MIMI OF LICENSE; PROVIDING FOR CON- DITIONS OF ISSUANCE OF LICENSE; PROVIDING FOR REVOCATIONI OF LICENSES, POSTING THEREOF, AND INSPECTION OF PRENIISE,S; PRO- VIDING FOR REVOCATION? OF LICENSES FR01•I DISORDERLY PRENUZISES; RESTRICTING HOURS.OF SALE; PROVIDING PERIOD FOR WHICH LI- CENSE, ISSUED.; REPEALING ORDINANCES SIX AND 7UENTY —EIGHT AND ALL OTHER CONFLICTING ORDINANCES; AND DECLARING AN 1111ERGENICY McDEVITT & MCDEVITT ATTORNEYS -AT -LAW FIRST SECURITY BANK BUILDING POCATELLO,IDAHO ORDINANCE NO. � ( ,�_ BE IT ORDAINED BY THE CHAIPMAN AND THE BOARD OF TRUSTEES OF THE VILLAGE OF CHUBBUCK, BANNOCK COUNTY, IDAHO: 1. DEFINING APPLICATION: The following provisions of this Ordinance shall govern and be applicable to the issuance of li- cense, the rejection thereof, the qualifications of licenses and other matters pertaining to licenses for the sale of beer as the same is herein defined. 2. LICENSE REQUIRED: It shall be unlawful and punishable as a misdemeanor for any person to sell, deal in, lend or dispose of by gift, sale or otherwise any beer without first having ob- tained a license under the provisions of this Ordinance. 3. DEFINITION OF TERMS USED: (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, or as defined by statute in the Idaho Code. (b) The word "retailer" as used herein means any per- son engaged in the distribution of beer to the customer for con- sumption by the customer upon licensed premises, or for sale for consumption not on the premises. 4. ALCOHOLIC CONTENT: Beer containing not more than four per cent (4'17) of alcohol by weight may be sold by retailers in the manner and under the conditions prescribed herein. 5. NATURE OF APPLICATION: All applications for license to sell beer as a retailer shall be made on forms to be supplied - 1 - McDEVITT & McDEVITT ATTORNEYS -AT -LAW FIRST SECURITY BANK BUILDING POCATELLO,IDAHO r� setting forth under oath the name of the person applying for such license, his age, representations as to his character as may be required, his citizenship, the exact location where said business is to be carried on, the business in connection with which the proposed licensee will operate, whether the applicant is owner or operator of said business, and likewise state under oath what persons, if any, other than himself have any interest, financial or otherwise, in the business proposed to be carried on at such licensed premises, and setting forth in said application the names of any person to whom the applicant is indebted in connection with said business and any other matters that may be required. 6. LICENSE FEE: All applications for retailer's beer li- cense shall be accompanied by receipt from the Clerk for the re- quired annual fee for the respective license and such fee shall be paid into the general fund; upon rejection of any application for retailer's beer license, the Clerk shall refund the amount. The annual fee for a retailer's beer license shall be Seventy -five Dollars (;)'75.00), where such retailer sells bottled or canned beer and the same is consumed on the premises;One Hundred Dollars 0100 where the retailer sells draught beer and bottled or canned beer or draught beer only, where such beer is consumed on the premises. The annual fee for retailer's beer license for consumption off the premises as defined shall be Tvienty -five Dollars 025.00), where such retailer sells only bottled or canned beer, none of which is consumed on the premises where sold. Said approved applications and licenses shall be obtain and issued by the Clerk upon approval of the Governing Body. 7. QUALIFICATIONS OF LICENSEE: No retail license shall be issued to any applicant or for a transfer thereof to any transfere( - 2 - MCDEV ITT IN MCDEV ITT ATTORNEYS -AT -LAW FIRST SECURITY BANK BUILDING POCATELLO,IDAHO who, (1) is not a bona fide owner of such business, or is not a citizen of the United States, or has not been a bona fide resi- dent of the State of Idaho for a period of one (1) year prior to the date of application, provided, that if the applicant is a partnership all partners shall be such citizens, and at least one thereof, or the actual active manager therefor, shall have been such resident, and if the applicant is a corporation, such corporation shall be qualified to do business within the State of Idaho, and the manager of such business place shall be such citi- zen and shall have been such resident; (2) has, or any partner or actual manager or officer or employee or spouse of which has, within three (3) years preceding such application, been convicted of the violation of any law of the State of Idaho, or of the United States, regulating, governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or has within two (2) years forfeited or suffered the forfeiture of a bond for his appearance to answer charges of any such violation; (3) has, or any partner or actual active manager or officer of which has, been convicted of any felony within five (5) years or has paid any fine or completed any sentence of confinement therefor with- in five (5) years. A retailer licensee must continue through the license period to have all of the foregoing qualifications and none of the foregoing disqualifications, and for failure therein, upon proof thereof that such qualifications have ceased to exist, then the said Governing Body may suspend or revoke said license previously issued. A retail license shall not be issued to: (a) AnJT person whose license has been revoked. (b) Any person, or any one (1) of its members, officerl or governing board who has been convicted of any violation of the - 3 - 3, MCDEVITT & MCDEVITT ATTORNEYS -AT -LAW FIRST SECURITY BANK BUILDING POCATELLO,IDAHO laws of the United States, the State of Idaho, or any other State of the United States, relating to the importation, transporta- tion, manufacture or sale of liquor or beer as herein described or who has been convicted of any felony or has paid any fine or completed any sentence of confinement for any felony within five (5) years prior to the date of making application for license. (c) A person who is engaged in the operation, or in- terested therein, of any house or place for the purpose of pros- titution or who has been convicted of any action or misdemeanor opposed to decency or morality. (d) Any person under the age of twenty -one (21) years. 8. FINANCIAL INTEREST LIT- "IITED: No manufacturer, whole- saler, stockholder, shareholder, partner or owner of any other interest of any corporation, association or partnership, financia - ly interested in the manufacture, transportation (except public carriers) or sale of beer shall hold any interest in any premises licensed hereunder for the sale of beer or receive any rental or remuneration for such premises. 90 PREPISES DESCRIBED: NATE INTERESTED PERSONS: APPROVED BY OWNERS OF PREMISES: In addition to the foregoing qualifications required and the other provisions of this Act, no person shall receive a license for the sale of beer unless and until his application for such license under oath shall set forth the following: (a) A detailed description of the premises for which a license is sought and its location. (b) The names and addresses of all persons who will have any financial interest in any business to be carried on in and upon the licensed premises, whether such interest results - 4 - McDEVITT & McDEVITT ATTORNEYS -AT -LAW FIRST SECURITY BANK BUILDING POCATELLO,IDAHO /'1 "IN from open loans, mortgages, conditional sales contracts, silent partnership, trusts or any other basis than upon trade accounts incurred in the ordinary course of business and the amounts and nature of such interests. (c) If the premises to be licensed are not owned by the applicant, then it shall be incumbent upon the lessee to fur- nish a certified copy of the lease by which he will occupy said premises, or, if the owner be a corporation, that it has consenter to the sale of beer on said premises, and further furnishing evi- dence that said lease, by which said lessee is entitled to pos- session of said property, has been recorded with the County Re- corder. (d) The name and address of the applicant which shall include all members of a partnership or association and the of- firers, members of the governing board and principal stockholders if a corporation. 10. LICENSEE TO REPORT CHANGES: If, during the period of any license issued hereunder, any change shall take place in any of the requirements set forth above, the licensee shall forth- with make a verified report of such change. 11. REVOCATION OF LICENSE: POST LICENSE: INSPECTION: Any license granted hereunder may be revoked or suspended by the Governing Body after a hearing of which the licensee shall have five (5) days notice. Any violation of any of the provisions of this Ordinance or any falsification or any misstatement or false statement in the application shall be a ground for revocation or suspension. Every person to whom a license shall be granted to sell, barter, trade, or dispose of beer shall, at all times, conduct a - 5 - McDEVITT & McDEVITT ATTORNEYS -AT -LAW FIRST SECURITY BANK BUILDING POCATELLO,IDAHO /`1 ""'\ 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 application form and is conforming to the provisions of this Ordinance, and to determine if all permits and licenses required have been properly issued and are posted in a conspicuous place on the premises. 12. WTHEN DEEMED DISORDERLY: The licensed premises shall be deemed a disorderly place of business, and the license therefor issued to said person and place of business shall be subject to revocation or suspension upon the happening of any of the follow- ing events or development of any of the following circumstances upon proof being furnished to the Clerk or to the Police Depart- ment: (a) Said premises shall be deemed a disorderly place of business if it appears to the Clerk or to the Police Depart- ment 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 vio- lators or to be vagrants. (b) U'Then 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. (c) 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 upon such premises from one o'clock A. M., Sunday, - 6 - 1P1*1 11� i rr until seven o'clock A. M. of the following Monday. All times mentioned in this Ordinance shall be 'Mountain Standard Time. Presence of any uncapped or opened beer bottles, containers, cans, or glasses on the premises between the hours of one o'clock A. M., Sunday, and seven o'clock A. M. of the following Monday shall be prima facie proof of a violation. 13. PERIOD FOR WHICH LICENSE IS ISSUED: All licenses is- sued under the provisions of this Ordinance shall run from Janu- ary 1 through December 31. All such licenses shall expire on December 31 of the year in which they shall be issued, notwith- standing the fact that such license may have been issued after January 1. 14. HOURS OF SALE: It shall be unlawful to sell, offer for sale or permit consumption on any premises of beer as defined in this Ordinance between the hors of one o'clock A. 11 a d seven to permit consumption on the premise& � �� ,d � o' clock A. M. and�from one o l-clock A. I -Li., Su:iaay, until seven o' clock A. I-i. of the following Monday. 15. REPEALING CONFLICTING ORDINANCES: Ordinances Numbers Six and Twenty -eight (6 and 2$), and any other ordinances in con- flict herewith, are hereby repealed. All beer licenses currently' issued are-continued for their term - -to expire December 31, 1964- - subject to the conditions and regulations herein imposed. 16. - ,IERGENCY CLAUSE: That an emergency is hereby declared to exist, and this Ordinance shall take effect and be in full force and effect upon its passage, approval, and publication, as provided by law. MCDEVITT & McDEVITT ATTORNEYS -AT -LAW FIRST SECURITY BANK BUILDING POCATELLO,IDAHO - 7 - PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF CHUBBUCK and approved this // day of August, 1964. V - -- Attest : `Pillage Ulerk McDEVITT & McDEVITT ATTORNEYS -AT -LAW FIRST SECURITY BANK BUILDING POCATELLO, IDAHO Chairman S _