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HomeMy Public PortalAboutOrd. 324 - Sale of Wine by Drink .• y s L :j •ORDINANCE NO 324 ' AN ORDINANCE ::RELATING TO RETAIL SALE 'OF WINE BY THE•-:QRINK; PROVIDING DEFINITIONS; REQUIRING A LICENS'E'' THEREFOR; PROVIDING AN EXPIRATION DATE THEREOF; SETTING FORTH QUALIFICATIONS FOR RETAILERS; ESTABLISHING LICENSE FEES ; AND, PROVIDING A PENALTY. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL; IDAHO, AS FOLLOWS : Section 1. DEFINITIONS : The following terms as used in this ordinance are hereby defined as follows : (a) "Wine"- shall mean alcoholic beverage containing not more than 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; (b) "Person" - includes any firm, individual, copartner- ship, association, corporation or any group or com- bination 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; (c) "Wine by the Drink License" means a license to sell wine by the individual glass or opened bottled at retail, for consumption on the premises only. (d) All other words and phrases used in this act, the definition of which is not herein given, shall be given their ordinary and commonly understood and accepted meaning. Section 2. LICENSEIREQUIRED, EXPIRATION THEREOF: Before any person shall sell wine by the drink in the City of McCall, Idaho, he shall apply to the City Clerk for a license to do so. The application form shall be in the form used by the city for application for retail beer licenses and the fee therefor shall be paid at the time the application is submitted. If a license is refused, the fee shall be returned to the applicant. All such licenses issued hereunder shall expire. at 1 :00 o' clock A.M. on January 1, succeeding the year of issuance. Section 3. QUALIFICATIONS FOR RETAIL WINE BY THE DRINK LICENSE: No wine by the drink license shall be issued to an applicant who at the time of making the application: (a) If an individual is not a citizen of the United States and has not resided within the State of Idaho for a period of 30. days immediately prior to making the application; (b) If a partnership;' does not include at least one member thereof who is a citizen of the 'United States and who has resided within the State of Idaho for at least a period ofi30 days ; i (c) If a corporation, has not qualified as required by law to do business within the State of- Idaho; i •* * h. 1 (d) Does not possess a retail beer license issued by the City for consumption of beer upon the premises. Section 3. LICENSE FEES : Each wine by the drink licensee shall pay to the City of McCall, Idaho, a license fee of $100.00 per year or any portion thereof, for each premises for which such a license is issued. Section 4. PENALTY: Any person found guilty of a violation of this ordinance shall be fined in a sum not to exceed $300.00 and sentenced to not more than six (6) months in the county jail or both such fine and imprisonment. Passed and approved this lst day of October, 1973. Att.es Mayor f• Cit '/ erk