ARTICLE B. BEER AND WINE REGULATIONS
SECTION:
3-2B-2: Sale By The State Liquor Dispensary
3-2B-4: License Application Required
3-2B-5: License Application Contents
3-2B-6: Approval Of Applications
3-2B-7: Liquor Catering Permits; Beer And Wine
3-2B-8: Issuance Of Licenses; Continuing Qualifications
3-2B-9: Contents Of License; Transferal; Recordation
3-2B-10: License Fees And Term
3-2B-11: Conditions Of License
3-2B-14: Prohibited Acts And Conditions
3-2B-15: Revocation Of License
3-2B-1 DEFINITIONS:
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BEER: |
Any beverage obtained by alcoholic fermentation of an infusion or decoction of barley, malt and/or other ingredients in drinkable water, containing not more than four percent (4%) alcohol by weight. |
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BOTTLED BEER: |
Beer sold or disposed of while securely, tightly and adequately sealed in a glass, metal or other container of a capacity not to exceed two (2) gallons. |
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PACKAGE: |
Any container of beer or wine of not less than two (2) gallons’ or keg of beer of not less than four (4) gallons’ capacity. |
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PERSON: |
Any individual, firm, copartnership, association, corporation or any group or combination acting as a unit, and includes the plural as well as the singular unless the intent to give a more limited meaning is disclosed by the context in which it is used. |
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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. |
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RETAIL WINE LICENSE: |
A license authorizing a person to sell wine at retail for consumption off the licensed premises. |
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RETAILER: |
Any person engaged in the sale or distribution of beer to the consumer, or a person to whom a license has been granted for the retail sale of wine or for the sale of wine by the drink. |
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WINE: |
Any alcoholic beverage containing 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, whether or not other ingredients are added. |
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WINE BY THE DRINK LICENSE: |
A license to sell wine by the individual glass or opened bottle at retail for consumption on the premises only. (Ord. 923-10, 4-12-2010) |
All other words and phrases used in this article, the definitions of which are not given herein, shall be given their ordinary and commonly understood meanings. (Ord. 458, 11-18-1982)
3-2B-2 SALE BY THE STATE LIQUOR DISPENSARY:
Nothing contained in this article shall prohibit the state liquor dispensary from selling beer or wine pursuant to the Idaho liquor act1 in any outlet of the state liquor dispensary. (Ord. 458, 11-18-1982)
3-2B-3 LICENSES REQUIRED:
It shall be unlawful for any person to sell beer or wine at retail for consumption on or off the premises in the corporate limits of Garden City until a license is granted therefor by the city council as provided by this article. (Ord. 458, 11-18-1982)
3-2B-4 LICENSE APPLICATION REQUIRED:
Every person desiring to obtain a license for the sale of beer and/or wine at retail for consumption on or off premises where sold, shall first make written application therefor on forms provided by the city clerk, which shall require such information concerning the applicant, the premises for which the license is sought and business to be conducted thereon by the applicant, as shall be required by the laws of the state of Idaho and of the city, which shall enable the city clerk to determine that the applicant is eligible and has none of the disqualifications for license as provided by the laws of the state of Idaho and of this city. Each application shall be accompanied by the required license fee, which shall be returned to the applicant if the council shall refuse to issue the license. Renewals must be applied for prior to December 1 of any calendar year. (Ord. 458, 11-18-1982)
3-2B-5 LICENSE APPLICATION CONTENTS:
A. Contents: The information in the application provided for by this article shall include the following:
1. The name and place of residence of the applicant and length of his residence within the state of Idaho; and if the applicant is a partnership, the names, places of residence and length of residence within the state of Idaho of each partner; and if the applicant is a corporation or association, the date and place of incorporation or organization, the location of its principal place of business in Idaho, and the names and places of residence of its officers, directors or members of its governing board, and of the person who manages or will manage the business of selling beer or wine at retail.
2. The particular place for which the license is desired, designating the same by a street and number, if practicable, or by such other apt description as definitely locates such places, and the name of the owner of the premises for which the license is sought.
B. Requirements: The application shall affirmatively show that:
1. The applicant is the bona fide owner of the business which will be engaged in the sale of beer and/or wine at retail and with respect to which license is sought;
2. The condition of the place or building wherein it is proposed to sell beer and/or wine at retail conforms to all laws and regulations of the state of Idaho and to the ordinances of the county and municipality applicable thereto relating to public health and safety and to the zoning ordinances2 of the municipality thereto;
3. There is no stamp or permit outstanding and in force which has been issued to any persons by the United States government for the premises for which the license to sell beer and/or wine at retail is sought, which stamp or permit denotes payment of any special tax imposed by the United States government on a retail dealer in liquor or wines, unless said premises are premises for which a retail license for sale of liquor by the drink, issued under the provisions of chapter 9, title 23, Idaho Code, is in force and effect;
4. The individual applicant, or each partner of a partnership applicant, is a citizen of the United States; or, with respect to a corporation or association, that it is qualified to do business within the state of Idaho and that the person who is or will be the manager of the corporation’s or association’s business of selling beer and/or wine at retail is a citizen; provided further, that such individual applicant or at least one of the partners of the partnership applicant shall be a bona fide resident of the state of Idaho; (Ord. 519, 6-9-1987)
5. The applicant, if an individual, or at least one of the partners of a partnership, is not less than twenty one (21) years of age; (Ord. 923-10, 4-12-2010)
6. Within five (5) years immediately preceding the date of filing the application, the applicant has not been convicted of any felony or paid any fine or completed any sentence of confinement therefor within said time;
7. Within three (3) years next preceding the date of filing said application, the applicant has not had revoked any license provided for herein, or any license or permit issued to the applicant pursuant to the law of this state or any other state or of the United States, to sell, manufacture, transport or possess alcoholic beverages or intoxicating liquors.
8. Any applicant for license to sell beer and/or wine either on or off premises must possess or must concurrently apply for a license to sell beer and/or wine at retail pursuant to the terms of this article.
9. No person, partnership, association or corporation conducts or knowingly permits or will permit in or upon the premises:
a. Employment or use of any persons, paid or unpaid, in or upon the licensed premises, while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
b. Any nude dancing on the premises, such nude dancing being defined as any female who dances, acts or simulates dancing, who is unclothed or in such attire, costume or clothing as to expose the portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals; or any male who dances, acts or simulates dancing, who is unclothed or in such attire, costume or clothing as to expose to view any portion of the male genitals, pubic hair, anus or cleft of the buttocks.
c. Encourages or permits any person on the licensed premises to touch, caress or fondle the breast, buttocks, anus or genitals of any other person.
d. Any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.
e. Any person to perform acts of or acts which simulate sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; the touching, caressing or fondling of the breast, buttocks, anus or genitals; the displaying of the pubic hair, anus, vulva or genitals.
f. Any person to use artificial devices or inanimate objects to depict any of the prohibited activities described in subsection B9e of this section.
g. Any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus.
h. The showing of films, still pictures, electronic reproductions or other visual reproductions depicting:
(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
(2) Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals.
(3) Scenes wherein a person displays the vulva or the anus or the genitals.
(4) Scenes where artificial devices or inanimate objects are employed to portray any of the prohibited activities described in subsection B9h(1), B9h(2) or B9h(3) of this section.
C. All Applicants: The affirmative showing required with respect to an applicant under subsections B5, B6 and B7 of this section shall also be required to be made with respect to each partner of a partnership applicant and to each incumbent officer, director or member of the governing board of a corporation or association applicant whose duties include the serving or dispensing of beer and/or wine.
D. Oaths: The application must be subscribed and sworn to by the individual applicant, or by a partner of a partnership applicant, or by an officer or manager of a corporation or association applicant, before a notary public or other person authorized by law to administer oaths.
E. Prior Applications: This article shall apply to all persons and individuals who have made application for licenses prior to the passage and approval of this article, and said applications shall be modified to conform to this article prior to the issuance of the license on or before December 1, 1982, and the city clerk is hereby authorized to issue any beer and/or wine license after such city council amendment to the original application, which will become subject to this article. (Ord. 519, 6-9-1987)
3-2B-6 APPROVAL OF APPLICATIONS:
All applications submitted to the city council for approval shall first be reviewed by the chief of police, who will make a recommendation concerning whether the applicant is qualified in the judgment of said chief of police, setting forth any prior criminal record of the applicant, if any, and recommending whether the license should be granted or whether any conditions should be imposed upon the granting of the license. (Ord. 458, 11-18-1982)
3-2B-7 LIQUOR CATERING PERMITS; BEER AND WINE:
The sale of beer and wine, in addition to the sale of liquor, is authorized by the issuance of a liquor catering permit issued under section 3-2A-5 of this chapter. (Ord. 582, 9-10-1991)
3-2B-8 ISSUANCE OF LICENSES; CONTINUING QUALIFICATIONS:
A. License Issuance: If the city council shall so order, the city clerk shall issue a retail license for the sale of beer and/or wine for on or off premises consumption as applied for and approved. This license shall at all times be prominently displayed in the place of business of the licensee and shall be issued only for the particular premises therein described. A separate retail beer and/or wine license shall be required for each premises.
B. Continuance Of Qualifications: A retailer licensee must continue throughout the license period to have all of the qualifications and none of the disqualifications provided in this article. (Ord. 458, 11-18-1982; amd. Ord. 582, 9-10-1991)
3-2B-9 CONTENTS OF LICENSE; TRANSFERAL; RECORDATION:
A. All licenses issued shall be signed by the city clerk and shall name the person or persons to whom issued and include a specific description of the premises where sale is authorized. No license shall be transferred to any other premises or person except by the express approval of the city council, following the procedure for transfer of licenses set forth in subsection 3-2B-11B of this article.
B. The city clerk shall keep a list of all licenses issued, stating the number, name, time, kind of business for which license was issued, together with the amount paid. (Ord. 887-08, 3-25-2008)
3-2B-10 LICENSE FEES AND TERM:
License 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)
3-2B-11 CONDITIONS OF LICENSE:
A. Posting Of License Required: The license shall be conspicuously posted upon the premises described therein.
B. 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 for such transfer. If the transferee possesses all of the qualifications and none of the disqualifications for such license, the city council shall approve such transfer and the city 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 as set forth in the foregoing section. Application to transfer a beer and/or wine license from one authorized location to another 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 an amount to be set by the council as set forth above. (Ord. 458, 11-18-1982)
C. Hours Of Sale: It shall be unlawful for any person in any place licensed to sell beer and/or wine where beer and/or wine is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, to sell, dispense or give away beer and/or wine between the hours of two o’clock (2:00) A.M. and seven o’clock (7:00) A.M.
1. Any patron present on the licensed premises after the sale of beer and/or wine has stopped as provided in this subsection shall have a reasonable time, but not to exceed thirty (30) minutes, to consume any beverage already served.
2. Any person who consumes or intentionally permits the consumption of any alcoholic beverage other than during the hours and times above specified, shall be guilty of a misdemeanor. (Ord. 519, 6-9-1987, eff. 7-1-1987)
D. Consumption On And Off Premises: No person shall permit the consumption of beer and/or wine on the licensed premises without having first obtained, pursuant to the provisions of this article, a license for on premises consumption.
Retailers holding a valid beer and/or wine by the drink license may sell beer and/or wine for off premises consumption after obtaining a license(s) permitting such sale(s). Beer and/or wine sold for consumption on or off the licensed premises may be sold only during and on the days beer and/or wine can be sold.
E. Security Personnel: Each licensee hereunder shall, at all times during which beer and/or wine by the drink is(are) 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. (Ord. 458, 11-18-1982; amd. Ord. 582, 9-10-1991)
3-2B-12 LOCATION RESTRICTIONS:
A. Schools, Churches And Hospitals: No retailer’s license shall be issued to any person to sell beer and/or wine for consumption on the premises where any part of the room or other place for such sale or consumption is:
1. Within a radius of three hundred feet (300’) of any part of the building within which any public school activities are conducted, nor
2. Within a radius of one hundred fifty feet (150’) of any room within which the regular religious or Sunday school service of a duly organized and established sect are, or within which a hospital is conducted and were or was so conducted prior to issuance of such license; and provided further that this subsection shall not apply to a room or other place for such sale and consumption for which such a retailer’s license had been issued prior to the conduct of such services or hospital and, except for any period of three (3) months, have continuously been in effect.
B. 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)
3-2B-13 SALES TO MINORS:
A. Every person licensed to sell beer and/or wine at retail shall at all times keep a sign conspicuously posted on the licensed premises complying with section 23-1026, Idaho Code.
B. No person under the age of twenty one (21) years may purchase, consume or possess beer and/or wine.
C. No person shall give, sell or deliver beer and/or wine to any person under the age of twenty one (21).
D. No person under the age of twenty one (21) shall, by any means, represent to any retailer or to any agent or employee of such retailer that he or she is twenty one (21) years, for the purpose of inducing such retailer or his agent or employee to sell, serve or dispense beer and/or wine to such person.
E. No person shall, by any means, represent to any retailer or the agent or employee of such retailer that any other person is twenty one (21) years, for the purpose of inducing such retailer or the agent or employee of such retailer to sell, serve or dispense beer and/or wine to such other person.
F. Whenever any person licensed to sell beer and/or wine or his agent or employee shall have reasonable cause to doubt any person who attempts to purchase or otherwise procure beer and/or wine from or through such retail licensee, is twenty one (21) years of age, such retail licensee, his agent or employee, shall require such a person to execute a certificate that he is twenty one (21) and to exhibit acceptable proof of age and identity. The form of such certificate, the manner in which it shall be executed, the record to be kept thereof, the responsibility of the retail licensee, his agent or employee, with respect to the execution of said certificate, and a determination of what shall constitute acceptable proof of age and identity, shall be in accordance with the provisions of section 23-1025, Idaho Code. (Ord. 923-10, 4-12-2010)
3-2B-14 PROHIBITED ACTS AND CONDITIONS:
A. Sales To Certain Persons: It shall be unlawful and punishable as a misdemeanor for any person to sell, deliver or give away, or cause or permit to be sold, delivered or given away, any beer and/or wine to:
1. Any person actually, apparently or obviously intoxicated.
2. An interdicted person as defined by the laws of the state.
B. Violation Of Obscenity Or Gambling Laws: In the event of a conviction for a violation of chapter 41, title 18, Idaho Code, relating to obscenity or the provisions of the Idaho Code regulating and/or prohibiting gambling by any person granted a license hereunder or his agent or employee (if such licensee knows or should have known in the exercise of reasonable diligence that said employee was in violation of the provisions of chapter 41, title 18, Idaho Code), or the gambling laws, and if the violation committed by any of the above occurred on, or in connection with, premises licensed under this article by such licensee, the city council shall suspend the license of such licensee for a period of six (6) months. If such licensee or his agent or employee has previously been convicted of a violation of chapter 41, title 18, Idaho Code, relating to obscenity or to the gambling laws of this state, which violation occurred on or in connection with the premises licensed under this article by such licensee, the city council shall revoke the license of such licensee. (Ord. 582, 9-10-1991)
3-2B-15 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 13, title 23, Idaho Code. (Ord. 458, 11-18-1982)
3-2B-16 PENALTY:
Persons in violation of the provisions of this article shall be guilty of a misdemeanor. (Ord. 458, 11-18-1982; amd. Ord. 582, 9-10-1991)
IC title 23.
See title 8 of this code.