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HomeMy Public PortalAboutOrd. 304 - Retail Sale of Wine 'J CITY OF McCALL , IDAHO - ORDINANCE NO. 7n - AN ORDINANCE PROVIDING FOR THE RETAIL SALE OF WINE IN ACCORDANCE WITH CHAPTER 156 SESSION LAWS , FIRST REGULAR SESSION FORTY-FIRST LEGISLATURE, ' STATE OF IDAHO, BY PROVIDING DEFINITIONS ; REQUIR- ING A CITY LICENSE ; DEFINING THE QUALIFICATIONS OF A LICENSEE; ESTABLISHING THE LICENSE FEE; SETT TING RESTRICTIONS ON' TRANSFER OF LICENSES ; REGU- LATING PLACES OF CONSUMPTION; SETTING FORTH CON- DITIONS OF POSSESSION; PROHIBITING MISREPRESENTA- TION OF AGE FOR PURPOSES 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 AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL IDAHO• ;,.::.Section 1. The following terms as used in this ordinance , ' . are hereby defined as follows : (a) "Wine" shall mean 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. (b) "Commissioner" means the commissioner of law enforce- ment of the State of Idaho. (c) ' "Retail Wine License" means a license issued by the commissioner, atathorizing a person to sell wine at retail. (d) "Retailer" means a person to whom a retaijl wine 11c"ense ,,-has been issued. (e) "Person" includes an 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. Section 2. LICENSE REQUIRED: It shall be lawful for any r person to. sell wine. at retail: within the corporate limits of the- cit after. having first , Y g procured a license therefor. Seption 3. APPLICATION FOR LICENSE: `App1=i-cation -for==l- -- ceh-se s-- a141 -be=in -writing, 'sgn,ed and--sworn_to--by-th-e_- applicant upon_-applisca.tion_f_orms.-furns:h-ed_b t_h_e -clerk. Such applica- tion shall be filed by the clerk and presented to the Mayor and Council at the next meeting of the Council for their approval, ., rejection, or further consideration. Section 4. QUALIFICATIONS : The applicant for a 1�cense 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 appli- cant' s qualifications to receive a license hereunder. Section 5_ LICENSE FEE: The license fee imposed and col- lected shall be the sum of $ 5 0 �t� per year. Such. license year shall be from 12 : 01 A.M. January 1 thru December 31, pro- vided, however, should a license be issued for less than a full calendar year, the license fee shall be pro-rated- in accordance with the. actual months of issuance. Section 6. ISSUANCE OF LICENSE: Upon filing the appli- cation for a license and production of evidence as required by section 4 herein as to the - qualifications of the applicant and by the payment of the required license fee, the clerk shall upon approval of the Council, issue to the applicant a licensee to sell wine at retain within the municipality for such calen- dar year or the remainder thereof. Section 7,. LICENSE RESTRICTIONS : No assignment or trans- fer of a wine license shall be made without prior approval of :' the Mayor and Council and all proposed assignees or transfer ees shall. possess the qualifications of a licensee under the provisions of this ordinance. Consent to such assignment or transfer shall be noted on such license by the city. clerk. Section 8. CONSUMPTION ON PREMISES : Retailers who do not possess a. valid license for the retail sale of liquor by the . drink shall not permit consumption of wine on the licensed pre- mises 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. Wine sold by the re- tailer for consumption off the premises of the retailer may be sold only during the hours that beer may be sold pursuant to the laws of- this state. Section 9. POSSESSIONt' No person may, while operating or riding in or upon a motor vehicle upon a public highway of this state, have in his possession any wine in an open or un sealed- container of any kind. Section 10. MISREPRESENTATION OF AGE : (a) No person under the age of twenty-one (21) years may purchase, consume or- possess wine. (b). No person shall give, sell, or deliver wine to any person under the age of twenty-one ( 21) years . , (c) No person under the age of twenty-one (21Y years shall by any means represent to any retailer or distributorlor to . any : ,agent or employee of such retailer or distributor that he or she is twenty-one ( 21) 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 re= tailer or distributor or the agent or employee of such retailer or distributor, that any other person is twenty-one (21) years or more of age, when in fact such other person is under the age of twenty-one (21) years , for the purpose of inducing such retailer or distributor; or the agent or employee of such re- tailer or distributor, to sell, serve, or dispense wine to such other .person. Section 11. REVOCATION OF LICENSE: The . right `shall be and remain at all times vested in the Mayor and Council, and the Mayor and Council may, as hereinafter provided revoke or cancel any license for fraud or misrepresentation in its procurement, dr for a violation of 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 is conducted, or in connection therewith or adjacent thereto, tending to render such business' or such .pre- mises where the same is conducted as a public nuisance or a menace to the health, peace, safety or general welfareof the city; provided, that revocation or suspension of the state li- cense by the Commissioner of Law Enforcement shall be deemed prima facie evidence for revocation or suspension of the license issued herein. .5ection 12... PENALTY: Any person who violates any of the provisions of this ordinance or fails to comply with .any of the terms and conditions of this ordinance shall be guilty of a misdemeanor. Section 13. SEVERABILITY:. The provisions of this ordinance .. are hereby declared to be severable and if any provision of this ordinance or the application of such provision to any person or circumstance is declared invalid for any reason; such declara- tion shall not affect the validity of the remaining portions of this ordinance. Section 14. This ordinance shall be in full force and effect the 1st day of July, 1971. Passed by the Council and approved by the' Mayor this 7 day of June, 1971. -A+ t.e°S t: Mayor - =-City C 1 el-k'