ARTICLE A. LIQUOR CONTROL
SECTION:
3-2A-3: Application For License
3-2A-5: Liquor Catering Permit
3-2A-9: Revocation Of License and Alcohol License Points System
3-2A-1: DEFINITIONS:
For the purpose of this article, the following words shall have these meanings:
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PERSON: |
Any person, firm, copartnership, corporation, association or group of individuals acting as a unit. |
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PREMISES: |
The building and contiguous property owned, or leased or used under a government permit by a licensee as part of the business establishment in the business of sale of liquor by the drink, beer and wine at retail, which property is improved to include decks, gardens, golf courses, courtyards, patios, poolside areas or similar improved appurtenances in which the sale of liquor by the drink, beer and wine at retail is authorized under the provisions of law. |
Except where otherwise provided by this article, all words and phrases shall be given the same interpretation as that provided by chapter 9, title 23, Idaho Code. (Ord. 923-10, 4-12-2010)
3-2A-2: LICENSE REQUIRED:
Any person desiring to conduct or operate in or upon any premises within Garden City the business of the sale of liquor by the drink at retail, shall first procure a license from the city clerk, which shall be subject to the provisions of this article. (Ord. 459, 11-16-1982)
3-2A-3: APPLICATION FOR LICENSE:
A. Contents: Prior to the issuance of such license, the applicant shall make application to the city clerk in writing, upon forms to be supplied by the city clerk, which application shall be verified by the person making the same before the city clerk or other person authorized by the laws of the state of Idaho to administer oaths. The application shall show such information as may be required from time to time by the mayor and city council and, in addition thereto, shall be accompanied with and show the following:
1. The license issued by the director of the department of law enforcement of the state of Idaho for the premises and for the time for which the application is made, which license shall be returned to the applicant after examination by the city council.
2. The name and the resident address of the applicant which, if a copartnership, shall include the name and resident address of each partner; if a corporation, association or group acting as a unit, the name and the resident address of each of the officers and of the board of directors, trustees or other governing board.
3. A detailed description of the premises for which such application for a license is made.
4. The license fee prescribed by this article, which fee shall be refunded if the city council shall refuse to issue a license.
5. The date of issuance and license number of the Garden City retail beer and wine license issued for such premises1.
B. Action on Application: The city clerk shall submit all applications to the mayor and city council on the consent agenda following the receipt of the report from said chief of police. If approved on the city council meeting agenda, the city clerk/treasurer shall issue a license as herein provided; otherwise the fee shall be returned to the applicant and no license shall be issued.
C. Denial of a License Application: The council may deny a license application for fraud and misrepresentation in its procurement; for a violation of the laws of the United States, the state of Idaho, or the city of Garden City regarding the sale of alcoholic beverages; for a violation of any of the provisions of this chapter; for having served or having allowed to be served an alcoholic beverage within the city limits without a valid Garden City issued license, or for any conduct or act of the licensee or any employees, or any conduct or acts permitted by him or them on the premises where such business is conducted, tending to render such business or premises as a public nuisance or a menace to the health, peace, safety, or general welfare of the city.
1. When the city council denies a license, or refuses to renew a license on the consent agenda, it shall specify, in writing, the statutes, ordinances and standards used in evaluating the application, the reasons for denial, and the actions, if any, that the applicant could take to obtain the license, transfer, or renewal. The foregoing shall be provided for the applicant, in writing, within forty-five (45) days of a decision to deny an application.
D. If city council approves a liquor license application from a person or entity that has served or allowed to be served an alcoholic beverage within Garden City limits without a valid Garden City issued license, that new license shall be issued with alcohol license points assessed to it of no less than one (1) and no more than six (6) "license violation points," pursuant to section 3-2A-9 of this chapter.
E. Renewal of a License Application. The mayor and city council may deny a license renewal application for a licensee having accumulated at least three (3) points against their license since their most recent license renewal or issuance pursuant to section 3-2A-9 of this chapter. Renewal of such licenses may only be granted by the city council after a public hearing at which the licensee or license applicant appears in person to provide testimony to demonstrate that procedures have been put in place that in the discretion of the city council are designed to avoid and reduce future violations. Licenses without the assignment of at least three (3) points may be renewed by consent agenda through the city council. (Ord. 459, 11-16-1982; Ord. 1047-24, 11-12-2024)
3-2A-4: LICENSE FEES, TERM:
A. Fees charged for administration and enforcement of this article shall be established pursuant to title 1, chapter 11 of this code. (Ord. 636, 2-15-1995)
3-2A-5: LIQUOR CATERING PERMIT:
Liquor catering permits shall conform to the provisions of chapter 9, title 23, Idaho Code.
A. Liquor catering permits shall be issued only to those licensed to sell liquor by the drink in the state of Idaho.
B. Applications for liquor catering permits shall include the following:
1. An application form provided by the Idaho director of law enforcement;
2. A copy of the applicant’s existing liquor permit;
3. A copy of the original application for an approved liquor permit.
C. Upon receiving an application for a liquor catering permit, the city clerk shall, upon the advice of the chief of police:
1. Approve and issue the permit; or
2. Disapprove the application.
D. Copies of the approved application shall be:
1. Sent to the Idaho director of law enforcement;
2. Sent to the chief of police; and
3. Retained by the clerk.
E. A copy of an approved application shall constitute a permit. (Ord. 889-08, 4-14-2008)
3-2A-6: OUTDOOR SALES PERMIT:
Any licensee desiring to sell any alcoholic beverage authorized by this article on premises, but beyond the physical boundaries of the premises, may apply to the city clerk for a permit to do so, which application shall be submitted in writing to the city clerk at least thirty (30) days prior to the scheduled event. The application shall provide the date and time period of sales, the purpose of the event and a schematic drawing of the area on the property where sales will occur and beverages consumed. The city clerk shall consult with Garden City police department whether the permit should be issued. Upon the recommendation by law enforcement, the city clerk may issue a permit for such outdoor sales for a specified event and for a specified period of time and under such conditions and restrictions as the city clerk may deem prudent under the circumstances. The city clerk may also deny the application upon sufficient grounds that issuing the permit would not be in the best interests of the health and safety of the city and its residents. By resolution, the city council may set an administrative fee for permit applications. (Ord. 939-11, 1-23-2012)
3-2A-7: CONDITIONS OF LICENSE:
A. Closing Hours: It shall be unlawful to sell, offer for sale, give away, consume or permit or allow to be consumed any liquor upon any licensed premises, or for any liquor store or distributee’s station within the city to transact the sale or delivery of any alcoholic liquor during the following days and hours:
1. On Christmas, from two o’clock (2:00) A.M. until ten o’clock (10:00) A.M. the following day;
2. On any other day between the hours of two o’clock (2:00) A.M. and ten o’clock (10:00) A.M.;
3. Any patron present on the licensed premises after the sale of liquor has stopped as provided above shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverages already sold.
B. Security Personnel: Each licensee hereunder shall at all times during which liquor by the drink is being sold, served, dispensed, given away, otherwise disposed of or consumed upon the licensed premises, keep and maintain agents and employees as necessary to provide for the safety and security of patrons. Nothing herein is intended to limit the rights, duties and obligations of the Garden City police department in keeping the peace, and this requirement is intended to provide additional supervisory security and safety measures during the licensee’s hours of operation. Failure to have sufficient security personnel may be grounds for the revocation of the license granted hereunder.
C. Right Of Entry, Inspections:
1. All police officers of the city shall have the right at any time to enter in and upon any such licensed premises, and it shall be unlawful to refuse any officer of the police force of the city admittance to or access to such premises for the purposes of police control, regulation and inspection of the premises.
2. The Central district health department shall have the right at all times to enter in and upon any licensed premises for the purpose of the regulation and inspection of such premises, and it shall be unlawful to refuse any such officer the right of admittance or access to such premises.
D. Transfer Of License: No license issued hereunder may be transferred to another person, including an executor, administrator or trustee in bankruptcy of the estate of the licensee, unless and until the transferee shall have filed under oath an application therefor containing the same information required in an application for a license and has obtained the approval of the city council to such transfer. If the transferee possesses all of the qualifications and none of the disqualifications for such license, the council shall approve such transfer and the clerk shall amend the license so to show. Each such application for a transfer of a license shall be accompanied with a transfer fee in an amount to be set by the city council by resolution. Application to transfer a liquor license from one authorized location to any other shall be made to the city council on forms prescribed and furnished by the city clerk. Each application for transfer of location shall be accompanied by a transfer fee in the amount set out by resolution of the city council. (Ord. 903-08, 12-8-2008)
3-2A-8: UNLAWFUL PRACTICES:
A. It shall be unlawful and punishable as a misdemeanor for any person to sell, deliver or give away any liquor to:
1. Any person under the age of twenty one (21) years.
2. Any person actually, apparently or obviously intoxicated.
3. An interdicted person as defined by the laws of the state.
B. Any person who shall procure beer, wine or liquor for any person under twenty one (21) years of age, who shall purchase, attempt to purchase, or otherwise procure, consume or possess beer, wine or liquor shall be guilty of a misdemeanor.
C. Any person under the age of twenty one (21) years, who shall by any means represent to any person licensed to sell liquor at retail or to any agent or employee of such retail licensee, that he or she is twenty one (21) years, for the purpose of inducing such retail licensee, his agent or employee to sell, serve or dispense liquor to him or her shall be guilty of a misdemeanor.
D. Any person who shall by any means represent to any person licensed to sell liquor at retail or to his agent or employee, that any other person is twenty one (21) years when in fact such other person is under the age of twenty one (21) years, for the purpose of inducing such retail licensee, his agent or employee, to sell, serve or dispense liquor to such other person, shall be guilty of a misdemeanor. (Ord. 923-10, 4-12-2010)
E. It shall be unlawful for any licensee to sell, keep for sale, dispense, give away or otherwise dispose of any liquor in the original containers for off premises consumption, or otherwise than by retail sale by the drink.
F. It shall be unlawful for any person to keep or maintain any room or premises in or upon which liquor is received or kept, whether owned by such person or another, or to which liquor is brought for consumption therein or thereon by the public, or by members of any club, corporated or unincorporated, or a corporation or association of individuals, or in or upon which liquor is sold by the drink, unless and until a license for such room or premises is first procured under the provisions of this article.
G. In the event the laws of the state of Idaho mandate any different minimum age for either the consumption of alcohol, wine or beer, or the licensee requirements for the sale thereof, such provisions shall, without any further act or deed by Garden City become the law in Garden City and the provisions of subsections A through F of this section shall be automatically conformed to the applicable provisions of such state law. (Ord. 519, 6-9-1987)
3-2A-9: REVOCATION OF LICENSE AND ALCOHOL LICENSE POINTS SYSTEM:
A. It is the intent of this section to incorporate alcohol license points provisions for failure to exercise proper controls over an establishment licensed to sell liquor, beer, and/or wine. Any person desiring to conduct or operate in or upon any premises within Garden City limits to sell liquor, beer and/or wine is subject to the provisions of this article.
B. If the city council shall find that a licensee has made any false material statement in the application for a license, or did not have or has not retained the qualifications for a retailer, or has acquired a disqualification for a retailer, or is conducting a disorderly or disreputable place of business, or is in violation of any of the prohibitions of section 23-1037, Idaho Code, the city council shall revoke or refuse to renew such retailer’s license in a manner consistent with the below ALPS.
C. General Provisions of Alcohol License Points System:
1. Under the alcohol license points system, licensee misconduct and the failure to exercise proper controls over an establishment licensed to sell liquor, beer, and/or wine by the drink may result in a revocation or suspension of said license based upon accumulated "points" assigned to a licensee for said misconduct and failures to exercise proper control. The provisions of ALPS provide licensees in the City of Garden City with a clear description of what circumstances will result in a point being assigned to their license, the numbers of accumulated points that will result in certain consequences for the licensee, and the procedures and process for point allocations, hearings, and appeals/reconsiderations.
2. Licensee Responsible for Conduct of Employees: License violations which occur due to the conduct of an employee or agent of a licensee shall be imputed to the licensee. Any points assessed for a license violation by an employee or agent of a licensee shall be assessed against the licensee’s liquor license.
3. Licensee Responsible for Failure to Exercise Proper Control: License violations which occur due to the failure of the licensee or its employees or agents to exercise proper control over the licensed premises shall be imputed to the licensee. Failure to exercise proper control shall mean acts or omissions which a reasonable person would believe would result in a license violation, and which result in a license violation, as defined herein.
4. Burden of Proof – Liability: Points may only be assessed against a license when the city determines, by a preponderance of the evidence, that a licensee or an employee or agent of a licensee committed a license violation. Points may be assessed against a license even if the individual who performed the action or conduct that constituted the license violation was not convicted of committing a crime.
The procedure for notice, hearing, contest and appeal shall be consistent with chapter 10, title 23, Idaho Code.
D. License Point Violations: A license violation can occur on the licensed premises, in the parking lot for the premises, or in an adjacent area under the control of the licensee. License violations may result in the assessment of points against a liquor, beer, or wine license. If a single incident or occurrence would constitute multiple license violations as listed below, each license violation shall be assessed points according to the schedule below and combined into a total score for that incident. The committee has discretion to assert points within the range corresponding to the particular violation set forth below. For the purposes of section 3-2A-3 and this section, license violations and applicable points shall include the following:
1. Training: Failure of a licensee, its officers, managers, employees and agents to undergo training as may be required by this section: one-half (0.5) to one (1) point.
2. Probation Violation: A license violation arising during a probationary period, as applied to a licensee: one-half (0.5) to two (2) points.
3. Alcohol Regulations: Any action or conduct which violates any provision of federal, state, or local law with respect to the manufacture, sale, distribution, solicitation, or use of alcoholic beverages: one-half (0.5) to two (2) points.
4. Homicides: Any homicide offense under Idaho Code Title 18, Chapter 40: six and one-half (6.5) points.
5. Firearms, Explosives and Other Deadly Weapons: Any action or conduct which violates any provision of Idaho Code Title 18, Chapter 33: one (1) to four (4) points.
6. Controlled Substances: Any action or conduct which violates any provision of Idaho Code 37, Chapter 27: one (1) to three and one-half (3.5) points.
7. Prostitution: Any action or conduct which violates any provision of Idaho Code Title 18, Chapter 56: four (4) to six and one-half (6.5) points.
8. Human Trafficking: Any action or conduct which violates any provision of Idaho Code Title 18, Chapter 86: four (4) to six and one-half (6.5) points.
9. Gambling: Any action or conduct which violates any provision of Idaho Code Title 18, Chapter 38: one-half (0.5) to two (2) points.
10. Assault and Battery: Any action or conduct which constitutes assault or battery and violates any provision of Idaho Code Title 18, Chapter 9: one (1) to three and one-half (3.5) points.
11. Aggravated Assault and Battery, and Assault or Battery on Law Enforcement: Any action or conduct which constitutes aggravated assault or battery, or assault or battery on law enforcement, and violates any provision of Idaho Code Title 18, Chapter 9: six and one-half (6.5) points.
12. Sex Crimes: Any action or conduct which violates any provision of Idaho Code Title 18, Chapters 15 (Children and Vulnerable Adults) and 66 (Sex Crimes): six and one-half (6.5) points.
13. Occupancy: Exceeding occupancy load for the premises as stated on the occupant load limit sign posted in the premises or failing to post the load limit sign for the premises in a conspicuous place near the main exit or exit access doorway of the premises: one-half (0.5) to two (2) points.
14. Open Containers: Allowing a person to exit the licensed premises while possessing an open container of alcoholic beverage: one-half (0.5) to two (2) points.
15. Hours of Operation: The licensee violates hours of operation as defined in section 3-2A-7 of this chapter: one-half (0.5) to one and one-half (1.5) points.
16. General Violations: All other violations of the law or the city code: one-half (0.5) to three and one-half (3.5) points.
17. Site Specific DUI: A patron of a licensee that receives a DUI in Garden City limits immediately following his/her leaving the licensed premises and under facts and circumstances that give law enforcement credible evidence that the cause of the DUI was alcohol consumed from the licensed premises: one (1) to four (4) points.
18. Any violation of the requirements of section 3-2A-7 of this chapter: one-half (0.5) to two and one-half (2.5) points.
E. Duration of Accumulated Points: Each assessment of points pursuant to this chapter shall remain on the licensee’s record with the city for a period of twelve (12) months following the date of assessment.
F. License Violation Review Procedures: Each license violation review shall follow the following procedures, which shall be provided to each licensee by the city clerk upon the issuance of a license:
1. Alcohol Review Committee (ARC): A committee consisting of at least three (3) city employees or officials designated by the mayor for a term determined by the mayor. The ARC shall be responsible for administering the provisions of the ALPS. The city clerk shall be the chair of the committee and shall schedule and conduct meetings of the committee upon notification that a license violation has occurred requiring committee action. The committee shall abide by the applicable provisions of the Idaho Open Meeting laws.
2. The ARC shall timely meet when it receives a request from the police department for the purpose of reviewing any new incident report of an alleged violation of this chapter by a licensee. At each meeting, the committee shall review the written incident report provided to the committee and the committee shall determine from the content of that report whether there is a factual basis to conclude that a prohibited act as set forth in subsection D of this section has occurred. The owner of the liquor license at issue with each incident report shall be notified in writing of the ARC meeting and provided a copy of the incident report at least five (5) days prior to the meeting and shall be invited to attend the meeting and provide comment to the ARC about the incident if requested by the ARC chair.
a. If the ARC determines that there is not a factual basis to believe that a licensee or an employee or agent of a licensee committed a license violation, the city clerk will notify the licensee that the committee will take no further action with respect to that incident. The city clerk within five (5) business days sends by certified mail a copy of the incident report to the licensee, along with written notice of the committee’s determination. The incident report shall be considered closed with no further action.
b. If the ARC determines that there is a factual basis to believe that a licensee or an employee or agent of a licensee committed a license violation, the committee shall assess points against the license of the licensee in accordance with this section. The city clerk within five (5) business days of that determination and assessment shall have a Garden City police department designee hand deliver a copy of the incident report to the licensee. If that cannot be accomplished within the five (5) day period the city clerk shall instead send a copy to the licensee by certified mail along with a notification of the points assessed against the applicable liquor license for each violation, and any previous points addressed which have not yet expired. The committee may also provide written notice of the assessment to the Idaho State Police, Alcohol Beverage Control.
3. Point Assessment Outcome: When the cumulative points assigned to a liquor license reach the minor, significant, or major levels, the committee shall determine what penalties and remedies will be assessed against a licensee. Accumulated point classifications:
a. Minor: (one-half (0.5) to three (3) points). When points assigned to a liquor license combined with any points previously assessed which have not yet expired reach the minor category, the ARC may place the licensee on probationary status for a period not to exceed six (6) months. However, for any point assessment that would otherwise bring a licensee into the minor category, the committee may in its discretion and in lieu of the assessment of points for the current violation, allow the licensee and its employees to complete specialized liquor law enforcement training offered by the Garden City police department or its designee and/or the Idaho State Police.
b. Significant: (three and one-half (3.5) to seven and one-half (7.5) points). When points assigned to a liquor license combined with any points previously assessed which have not yet expired reach the significant category, the committee may require licenses and employees to complete the specialized training, may suspend the license for a period not to exceed thirty (30) days, and/or place a licensee on probationary status for a period not to exceed one (1) year.
c. Major: (eight (8) points and above). When points assigned to a liquor license combined with any points previously assessed which have not yet expired reach the major category, the committee may put forth a recommendation to city council to suspend or revoke the license. The city council shall elect only to suspend or revoke a liquor license after conducting a hearing pursuant to subsection G of this section.
4. Appeals and Requests for Reconsideration: A licensee may appeal or request reconsideration on a license violation determination by submitting a written appeal or reconsideration to the city clerk within fourteen (14) calendar days of the personal service of the notice upon the licensee, or from the date the city clerk mailed the notification of the incident report and assessment of points, whichever occurs first.
5. The appeal or request for reconsideration will be heard by the city council, which hearing shall be conducted pursuant to the hearing procedure under subsection H of this section. A written appeal or reconsideration request must contain detailed facts, and be based upon either of the following two (2) reasons:
a. Specific new factual evidence that was not included within the incident report; or
b. A procedural error regarding the committee assessment process.
G. Hearing Procedures for ARC Recommendation for a License Revocation or Suspension:
1. The city council, upon receiving a suspension/revocation recommendation, shall conduct a hearing within sixty (60) days.
2. The notice of hearing shall be provided to the ARC designee and the license holder by the city clerk detailing the hearing date, time, and location along with the procedural rules. This notice shall be served upon the licensee by leaving a copy at the licensed premises or by the city clerk mailing the notice by certified mail to the licensee at the licensed premises.
3. At the conclusion of the hearing, the city council shall prepare within forty-five (45) calendar days a written final order on the recommendation of suspension/revocation. The city council will approve the recommendation unless there is clear error in the process set forth in this subsection. If clear error is found, the matter may be remanded back to the ARC with specific direction.
4. The license holder shall be provided a written copy of the final order by the city clerk once issued by the city council. The effective date of the council action shall be set forth by the city council and included in the notice to the license holder.
5. The remainder of the hearing procedures or procedural rules for hearings on a recommendation from the ARC for a license revocation or suspension in front of city council shall be adopted by resolution of the city council.
H. Hearing Procedures for Appeal/Reconsideration:
1. The council, upon receiving a written appeal or request for reconsideration of a license violation determination, shall conduct a hearing within sixty (60) days of receipt of the appeal or reconsideration request.
2. The notice of hearing shall be provided to the ARC designee and the license holder by the city clerk detailing the hearing date, time, and location along with the procedural rules. This notice shall be served upon the licensee by leaving a copy at the licensed premises or by the city clerk mailing the notice by certified mail to the licensee at the licensed premises.
3. The council shall make written findings of fact and conclusions of law on appeal or reconsideration within forty-five (45) calendar days of the hearing. Such findings shall be based upon competent and substantial evidence contained in the hearing record as a whole.
4. A copy of the council decision on appeal or reconsideration, findings of fact, and conclusions of law shall be delivered by the city clerk to the licensee by certified mail. Any revocation/suspension imposed by said written findings of facts and conclusion of law shall be effective on the date set forth within the decision.
5. The remainder of the appeal/reconsideration hearing procedures or procedural rules for hearings on appeal or reconsideration in front of city council shall be adopted by resolution of the city council. (Ord. 1047-24, 11-12-2024)
3-2A-10: PENALTY:
Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided for in section 1-4-1 of this code. (Ord. 459, 11-16-1982; amd. 1988 Code)
See article B of this chapter.