Chapter 5.10
ALCOHOLIC BEVERAGES
Sections:
5.10.020 License required – General requirement.
5.10.030 Application for license.
5.10.050 Granting of licenses.
5.10.060 Places ineligible for license.
5.10.070 Conditions of license.
5.10.080 Restrictions on purchase and consumption.
5.10.090 Suspension and revocation.
5.10.010 Definitions – Terms.
All terms used in this chapter shall have the meanings prescribed by Chapters 9, 10 and 13 of Title 23 of the Idaho Code, unless specifically indicated otherwise. Liquor by the drink, wine, or beer may be collectively referred to as “alcoholic beverage.” [Ord. 218 § 1, 2013.]
5.10.020 License required – General requirement.
No person, except a wholesaler or manufacturer to the extent authorized under state license, shall directly or indirectly conduct or operate, in or upon any premises within the city of Donnelly, the business of the sale of liquor by the drink, wine, or beer without a license to do so as provided in this chapter. [Ord. 218 § 2, 2013.]
5.10.030 Application for license.
A. Form. Every application for license to sell alcoholic beverages shall be in the form prescribed by the city of Donnelly and include the name of the applicant, his or her age, representations as to the applicant’s character (with such references as the city council may require), citizenship, the business or organization in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long the business has been at that location, and such other reasonable and/or necessary information as the city council may require from time to time. Every application shall also indicate the circumstances of any proceedings against applicant under Idaho Code, Section 23-933, 23-1038 or 23-1331 during the preceding year.
B. Qualifications. The applicant for any license shall possess all of the qualifications necessary to obtain that license from the Bureau of Alcohol Beverage Control, as prescribed by Title 23 of the Idaho Code, and maintain such qualifications throughout the period of such license. Further, no license shall issue except upon proof of possession of a license issued by the Bureau of Alcohol Beverage Control, for the sale of liquor by the drink, wine, or beer.
C. Accuracy of Application. No person shall knowingly make a false or misleading statement on any application for a license to sell alcoholic beverages, or in any proceeding regarding the issuing of a license to sell alcoholic beverages.
D. Insurance Required. Applicants for a license to sell alcoholic beverages shall provide the city a certificate of insurance, or other security acceptable to the city, providing coverage for liquor (dram shop) in the amount required by Idaho Statutes. [Ord. 218 § 3, 2013.]
5.10.040 License fees.
A. Fees.*
1. Draught and bottled or canned beer, on premises: $100.00.
2. Draught and bottled or canned beer, off premises: $50.00.
3. Retail liquor by the drink: $225.00.
4. Retail wine by the drink, on premises: $50.00.
5. Retail wine by the drink, off premises: $50.00.
6. Catering permit: $20.00 per day, not to exceed three consecutive days.
* The license fees set forth in this subsection may be amended pursuant to resolution of the city council, as authorized under Title 23 of the Idaho Code.
B. Payment. Each application for a license shall be accompanied by a receipt from the city for payment in full of the license fee and the investigation fee, if any. All fees shall be paid into the general fund. If any application for a license is rejected, the city shall refund the license fee.
C. License Terms, Pro Rata Fees, and Expiration. Each license shall be issued for a period of one year. If an application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee. Such pro rata fee is to be determined on the number of months remaining in the year, with each unexpired fraction of a month being counted as one month. Every license shall expire on the last day of January of each year.
D. Refunds. Refunds of license fees shall be made only if:
1. The business ceases to operate because of destruction or damage not caused by the unlawful actions of the licensee, and such damage made the business unusable;
2. The licensee dies; or
3. The business loses its lawful authority to operate due to an act of legislature or local option election.
The refund shall be based on a pro rata basis determined by the number of months remaining until the end of the license year, with any fraction of a month remaining not being credited as part of the refund. Refunds shall only be made after the business ceases to operate. [Ord. 218 § 4, 2013.]
5.10.050 Granting of licenses.
A. New Licenses. Applications for licenses shall be in writing, signed and sworn to by the applicant upon application forms furnished by the city of Donnelly clerk (hereinafter “clerk”). The applicant shall fill in the required portion of the application and return it to the office of the clerk. All applications shall be accompanied by the appropriate license fee(s) when filed with the clerk.
B. Transfers. Any license issued pursuant to this chapter shall be assignable to persons possessing the qualifications necessary, under this chapter, Title 23 of the Idaho Code, and the administrative rules of the Bureau of Alcohol Beverage Control, IDAPA 11.05.01, to acquire a license to sell liquor by the drink, wine, or beer.
Applications for transfer of a license issued in accordance with this chapter shall be the same, in form and procedure, as an initial application.
C. License Renewal. All licenses shall expire on the last day of January each year at midnight. A license application shall not be required unless:
1. Applicant’s previous license information has changed; or
2. Applicant fails to submit license renewal fee to city clerk prior to current license expiration.
D. Hearing and Issuance. The mayor and city council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for and against the granting of the license. After investigation and hearing, the city council shall, at its discretion, grant or refuse the application within 30 days from receipt of the application by the city.
No license shall be issued, transferred, or renewed if the results of the city’s investigations show to the satisfaction of the city council that issuance would not be in the public interest. No license shall become effective until it, together with the security furnished by the applicant, has been approved by the Bureau of Alcohol Beverage Control, as required by law.
E. Person and Premises Licensed – Transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without license transfer application and city council approval. Any transfer of stock of a corporate license is deemed a transfer of the license, and transfer of stock without prior city council approval is a ground for revocation of the license. In case a licensee dies, his personal representative may continue operation of the business within the terms of the license for a period not to exceed 90 days.
F. Persons Ineligible for License. No license shall be granted to any person made ineligible for such a license by state law. No license shall be issued to any person who is not a citizen or resident alien of the United States, who is under the age of 21, who is not of good moral character or repute, who within five years of his or her license application has been convicted of a willful violation of a license to sell alcoholic beverages or who has had a license to sell alcoholic beverages revoked within five years of his or her application. [Ord. 218 § 5, 2013.]
5.10.060 Places ineligible for license.
A. General Prohibition. No license shall be issued for any place or any business ineligible for such license under state law.
B. Delinquent Taxes or Charges. No license shall be granted or renewed for operation on any premises on which taxes, assessments, or other financial claims of the city are delinquent or unpaid.
C. Distance from School or Church. No license shall be granted within 300 feet of any school, church, or any other place of worship, measured in a straight line to the nearest entrance to the licensed premises, except with the approval of the city council. [Ord. 218 § 7, 2013.]
5.10.070 Conditions of license.
A. General. Every license is subject to the conditions specified in this chapter and of any other applicable ordinance, state law or regulation.
B. Posting of License. Posting of a current license at a conspicuous place on the premises of the licensed establishment is required.
C. Sales. Sale must be confined to a compact and contiguous place named in the license. Sale may not be made to an intoxicated person, persons under 21 years of age, or known habitual drunkards. The holder of a valid license for the retail sale of liquor by the drink may sell wine for consumption on or off the premises pursuant to Idaho Code, Section 23-1332. Persons holding a valid wine by the drink license may sell wine for consumption on the premises only. Retailers who do not possess a valid license for the retail sale of liquor by the drink, or retailers who do not have a valid wine by the drink license, shall not permit consumption of wine on the licensed premises and may sell wine only in its original unbroken container.
D. Gambling. No gambling may be conducted on licensed premises except in accordance with state law.
E. Hours of Sale. No alcoholic beverage, by the drink, shall be sold, offered for sale, or given away upon any licensed premises between the hours of 2:00 a.m. and 10:00 a.m. No beer shall be sold, offered for sale, or given away upon any licensed premises between the hours of 2:00 a.m. and 6:00 a.m. (all stated times are local time zone). No sale or gift of alcoholic beverages may be made by a license holder or employee on a licensed premises on Christmas Day.
Every holder of any alcoholic beverage license shall cause the premises to be vacated of all persons except the owner or manager within one hour after the licensed premises closes. All liquor shall be stored out of public view after closing time. No licensee shall give or sell liquor to any employee while such employee is working on the premises. All customers or persons not employed by a licensee shall vacate the premises within one-half hour after the established closing time.
F. Responsibility for Conduct of Business. Every licensee is responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this chapter and the law equally with the employee.
G. Inspections. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the city to enter, inspect, and search the premises of the licensee during business hours without a warrant.
H. Display. No establishment shall display alcoholic beverages to the public during hours when the sale of alcoholic beverages is prohibited.
I. Employment of Minors. No person under the age of 19 shall be employed on the premises of any establishment selling liquor when such beverages are on display and offered for sale. This prohibition shall not apply to restaurants as defined in Idaho Code, Section 23-942. In no case may a person less than 19 years of age offer for sale, mix, or serve liquor in any licensed establishment. [Ord. 218 § 8, 2013.]
5.10.080 Restrictions on purchase and consumption.
A. Alcoholic Beverages in Unlicensed Places. No person shall mix or prepare alcoholic beverages for sale in any public place of business unless it has a license to sell alcoholic beverages, or a catering permit pursuant to Idaho Code, Sections 23-934A and 23-934B, signed by the mayor or authorized city council agent in addition to a sheriff’s signature. Person applying for any catering permit must obtain the sheriff’s signature for said catering event and submit to city clerk prior to issuance of catering permit and the city may verify sheriff’s signature by telephone or other electronic means.
B. Proof of Age. Proof of age for purchasing alcoholic beverages may be established only by a valid driver’s license or valid state identification card, or in the case of a foreign national, a valid passport. [Ord. 218 § 9, 2013.]
5.10.090 Suspension and revocation.
A. Failure to Comply with the Law. The city council shall either suspend for a period up to 60 days, or revoke, any alcoholic beverage license, or impose a civil fine not to exceed $2,000 for each violation upon a finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to alcoholic beverages. Except as required in subsection (B) of this section, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing.
B. Lapse of Financial Security. Lapse of required dram shop insurance, any required bond, or withdrawal of a required deposit of cash or securities shall effect an immediate suspension of any license issued pursuant to this chapter without further action of the mayor and city council. Notice of cancellation or lapse of a current liquor liability policy or bond, or withdrawal of deposited cash or securities shall constitute notice to the licensee of the suspension of license. The holder of a license who has received notice of lapse of required insurance or bond, or withdrawal of a required deposit, or of suspension or revocation of a license, may request a hearing thereon and if such request is made in writing to the city clerk, a hearing shall be granted within 10 days or such longer period as may be requested. Any suspension under this subsection shall continue until the mayor and city council determines the financial responsibility requirements of this chapter have been met. [Ord. 218 § 10, 2013.]
5.10.100 Penalty.
Any person violating any provision of this chapter is guilty of a misdemeanor for each day of operation in violation of this chapter and upon conviction shall be punished pursuant to Idaho Code, Section 18-113. [Ord. 218 § 11, 2013.]