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0113 Wine License 1972ORDINANCE NO. 1t3 AN ORDINANCE OF THE CITY OF CHUBBUCK, A MUNICIPAL CORPORATION OF IDAHO, PROVIDING FOR THE RETAIL SALE OF WINE IN ACCORDANCE WITH CHAPTER 13, TITLE 23, IDAHO CODE, BY PROVIDING DEFINITIONS; REQUIRING A CITY LICENSE; DEFINING THE QUALIFICATIONS OF A LICENSEE; ESTABLISHING THE LICENSE FEE; SETTING RESTRICTIONS ON TRANSFER OF LICENSES; REGULATING PLACES OF CONSUMPTION; SETTING FORTH CONDITIONS OF POSSESSION; PROHIBITING MISREPRESENTA- TION OF AGE FOR PURPOSE OF SALE, CONSUMPTION OR POSSESSION; PROHIBITING PERSONS FROM DRIVING UPON A PUBLIC HIGHWAY OR STREET WHILE CONSUMING OR IN POSSESSION OF AN OPEN CONTAINER OF WINE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW, THE RULE REQUIRING AN ORDINANCE TO BE READ ON THREE SEPARATE DAYS HAVING BEEN DISPENSED WITH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, AS FOLLOWS: Section 1. The following terms as used in this act are hereby defined as follows: (a) "Wine" shall mean any alcoholic beverage con- taining not more than fourteen percent (14%) alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar. (b) "Commissioner" means the Commissioner of Law Enforcement of the State of Idaho. (c) "Retail Wine License" means a license issued by the Commissioner, authorizing a person to sell wine at retail. (d) "Retailer" means a person to whom a retail wine license has been issued. (e) "Person" includes an individual, firm, co-part- nership, association, corporation, or any group or combination acting as a unit, and includes the plural as well as the sin- gular unless the intent to give a more limited meaning is dis- closed by the context in which it is used.. Section 2. LICENSE REQUIRED: It shall be unlawful for any person to sell wine at retail within the corporate limits of the City of Chubbuck without first having obtained a license therefor under the provisions of this ordinance. Section 3. APPLICATION FOR LICENSE: Application for license shall be in w~iting, signed and sworn to by the applicant upon application forms furnished by the Clerk. Such application shall be filed by the Clerk and presented to the City Council at the next regular meeting of the Council for their approval, rejection, or further consideration. Section 4. QUALIFICATIONS: The applicant for a license shall possess all of the qualifications necessary to obtain a license from the Commissioner 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. The possession of licenses regularly issued by the Department of Law Enforcement and the County in addition to a City beer license, shall be prima facie evidence of the applicant's qualifications to receive a license hereunder. Section 5. LICENSE FEE: The license fee imposed and collected shall be the sum of One Hundred Dollars ($100.00) per year. Such license year shall be from 12:01 a.m. January 1 through December 31, provided, however, should a license be issued for less than the full 1972 calendar year, the license fee shal be prorated in accordance with the actual months of issuance. The license fee for 1973 and thereafter shall be full fee as prescribed herein. Section 6. ISSUANCE OF LICENSE: Upon filing the application for a license and. production of evidence as 2 reauired by Section 2 herein as to the qualifications of the applicant and by the payment of the re¢~uired license fee, the Clerk shall upom approval of the Council: issue to the applicant a license to sell wine at retail within the municipality for such calendar year or the remainder thereof. Section 7. LICENSE ~EST~ICTIONS: The assignment or transfer of a wine license shall be the same as provided by I. C. 23-1317 to the City Clerk and the fee for such assignment or ~,ransfer o£ a retail wine license shall be T~enty Dollars ($20.00). Section 8. CONSUM?TION ON P}d-;MISES: ~,etailers who do not possess a valid license for the retail sale of liquor by the drink shall not permit consumption of wine on the licenses premises and may sell the wine only in its original unbroken, sealed container. Wine sold for consumption on the retailer's premises may be sold only during hours that liquor by 'the drink may be sold pursuant to the laws of this State. ¥:ine sold by the retailer for consumption off the premises may be sold only during the hours that beer may be sold pursuant to tho ordinance of the Cit~~ o£ Chubbuck, provided, however, that beer and wine may be sold for consumption off the premises on Sunday durin~ ~he hours provided by the laws of this state. Section 9. POSSESSION: No person may, while operating or riding in or u~on 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 10. MIS~J,JPtd~',$1~NTnTION OF AGi~J: (a) No person 'under the age of nineteen (19) years may pt~chase, consume or possess wine. (b) No persom_ shall give, sell, or deliver wine to any person under the age of nineteen (1.9) 2fears. (c) No person l~nder the age of nineteen (19) years shall by any means represent to any retailer or distributor or to any agent or employee of such retailer or distributor that he or she is nineteen (19) years or more of age for the purpose of inducing such retailer or distributor, or his agent or employee, to sell, serve or dispense wine to such person. (d) No person shall, by any means, represent to any retailer or distributor or the agent or employee of such re~ tailer or distributor, that any ether person is nineteen (19) years of age or more, when in fact such other person is under the age of nineteen (19) years, for the purpc~ of inducing such retailer or distributor, or the agent or employee of such retailer or distributor, to sell, serve, or dispeDse wine to such other person. Section 11. R~CCATICN {>F 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 cf any of the provisions of this ordinance, 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 Us conducted, or in connection ~herewith 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, safety or general welfare of the City; provided, that revocation or suspension of the State License by the Commissioner of Law Enforcement shall be deemed prima facie evidence for revocation or suspension of'~ the license issued herein. Section 12. PENALTY: Any person who violates any of the provisions of this act cr fails to cc. reply with any of 4 the terms and conditions of this act shall be guilty cf a misdemeanor and punishable by- a fine of not to exceed Three Hundred Dollars ($300.00), or by imprisonment in the County Jail for not to exceed thirty (30) days, or by both such fine and imprisonment. Section 13. SEVERABILiTY: The provisions of this act are hereby declared tc~ be severable and if any provision of this act or the application of such provision to ~r~y person or circumstance is declared invalid for any reason, such declaration Shall not affect the validity of the remaining portions of this act. Section 14. ~his ordinance shall be in full force and effect upon its passaqe, approval and publication according to law, the rule requiring ordinances to be read on three separate days having been dispensed with. PASSED AND A?~R©VED this /~) day of September, 1972. CITY C~F CHUB[lUCY, A municipal corporation cf Idaho F~kYCR ATTEST: C I~Y CLER.~<