ARTICLE A. LIQUOR CONTROL
SECTION:
3-2A-3: Application For License
3-2A-5: Liquor Catering Permit
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. Investigation Of Applicant: Upon receipt of an application, the city clerk shall immediately refer it to the chief of police of the city who shall make a thorough investigation of all matters set forth in the application. Upon completion of this investigation, but in any event not longer than one week after submission of the application to the clerk, the chief of police shall report the findings of his investigation to the mayor and city council in writing. He shall report whether he could verify the matters set forth in the application, whether the applicant is in violation of any of the qualifications set forth herein, or set forth in the Garden City retail beer and wine ordinance2, and shall report to the mayor and city council the past criminal record of the applicant, if any, together with any other pertinent material that he feels should be considered in the granting or denial of the license.
C. Action On Application: The city clerk shall submit all applications and reports of the chief of police to the mayor and city council following the receipt of the report from said chief of police. If the mayor and city council shall order, 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. (Ord. 459, 11-16-1982)
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:
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.
No pleading shall be necessary, and any hearing before the city council shall be informal.
The procedure for notice, hearing, contest and appeal shall be as provided by chapter 10, title 23, Idaho Code. (Ord. 459, 11-16-1982)
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.
See article B of this chapter.