HomeMy Public PortalAboutOrd. 324 - Sale of Wine by Drink .• y
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•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 ;
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(c) If a corporation, has not qualified as required by
law to do business within the State of- Idaho;
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(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
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Cit '/ erk