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HomeMy Public PortalAboutOrd. 106 - Sale and Licensing of Beer 0°"- pt (7) • ORDINANCE NO. 106 AN ORDINANCE DEFINING BEER: PROVIDING FOR ThE RETAIL SALE OF BEER: FIXING THE LICENSE FE+ THEREFORE: PROVIDING THEE TERMS AND CONDITIOJS FOR THE APPLICATIONS FOR LICENSES: PROVIDING REGULATIONS `NDER WHICH THE SAME MAY BE SOLD: PROVIDING A PENALTY FOR ThE VIOLATION OF ANY OF THE TE IS AND CONDITIONS OF THIS ORDINANCE: PROVIDING FOR A REVOCATION AND SUSPENSION OF LICENSES: REPEALING ORDINANCE NO. 72 AND ORDINANCE NO. 01 AND ALL OT IER ORDINANCES IN CONFLICT HEaEWITH. �1 BE IT ORDAIn BY THE CHAIRMAN AND BOARD OF TRUSTEES OF THE VILLAGE OF I..6CALL, IDAHO: • Section 1. }. :FINITIONS. (a) BEER. The word "beer" as used in this Ordinance means and shall be construed to mean and embrace any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, and or other ingredients in drinkable water, containing not more than Four per cent (0) of alcohol by weight, of all of such beverages which are now or may here- after bedeclared to be non-intoxicating beverages by the laws of the State of Idaho or United States. (b) PERSON. The word "person" as used in this Ordinance shall mean and include any person, firm, car)oration, part- nership, joint stock company or any group or combination acting as .a unit, and the singular number shall be understood • to include the plural, and the masculine pronoun shall be understood to include the feminine. ( c) RETAILER. The word "retailer" shall mean every person who shall sell, trade, barter or dispose of beer to the con- sumer which may or may not be consumed on the premises. ' ) Section 2. SALE OF BEER ,--LICENSE REO,UIRED. It shall be unlawful for any person to sell, trade or • dispose of any Leer, for a consideration, at retail without first. having; obtained a license therefore from the Board of Trustees of the Village of McCall, , Idaho, as herein provided. Section 3. APPLICATION FOR LICENSE. Eefore any retailer shall sell beer within the Village of McCall, . Idaho, under the provisions of this Ordinance, he shall first obtain a county license from the Board of County Commissioners of Valley County, Idaho, make application for said Village license, in writing, to the Board of Trustees of the Village of McCall, Idaho, and pay the license fee hereinafter prescribed to the Village Clerk, which application shall contain the following information: a (a) Name and address of applicant. (b) Description and business address of the room or building in which said business shall be conducted. ( c) That the applicant is a citizen of the United States and has been a bona fide resident of Valley County, Idaho for a period . of one year prior to the date of making application, is over the age of 21 years, of good moral character and has never been convicted of any felony or any crime involving moral turpitude or for the violation of any law regulating, governing or prohibiting the sale of alcoholic beverages or intoxicating liquors. (d) That the applicant agrees to abide by the terms and conditions of this Ordinance. aM�"DEDIFi • • 5 Ecr' 4. D 11O ral(/ ° Section 4. GRANTING 02 .LICENSE AT OPTION OF BOARD. /!68prr 0E. N The Board of Trustees of the Village of McCall, Idaho, shall have the right to reject any and all applications at its option. - Section 5. LICENSES NOT TO BE GRANTED TO CERTAIN PERSONS. That said licenses shall be gtan_ted only for a certain room Or building designated in said_licenses, which said room or building shall be well lighted, and the view not obstructed by any curtain, blind, partition, or any other obstruction to a complete view of the interior of said premises, and that no license shall be issued to any person under twenty-one years of age or to any person who is not of good moral character. Section 6. REGULI_TIONS. (a) It shall be unlawful for any person to suffer or per- mit any person under 20 years of ago to consume beer in or upon his premises, or for any person to sell, serve or dispense • beer to or by any person under 20 years of age, br to any person who is intoxicated. (b ) That every person to whom a license shall be granted shall at all times conduct a quiet and orderly place of business. which shall be open to the inspection at all times of any police officer of the Village of McCall, the State of Idaho, or of the United States, and that said persons , or either of them Shall have the right at any and all times to make an examination of the said licensed premises to ascertain if the licensee of said premises is conforming to the provisions of this ordinance, the laws of the State of Idaho, or the laws of the United States, apL)licable thereon, and to check the alcoholic cc-,tent of any beer being kept for the purpose of sale or distribution on said premises. ( c) That all licenses issued under this ordinance shall be posted in a conspicious place on the premises, and kept posted during the full period of time for which the same is issued, and that said license shall not be sold, transferred n or assigned without the written consent of a majority of the J Board of Trustees; that in case of the recerivership, assign- ment, bankruptcy or incompetency of the licensee, the licen- see' s business may be carried on under the license by the duly appointed, qualified and acting receiver, assignee, trustee in bankruptcy, guardian, executor or administrator of the licon- F see, provided, that such receiver, assignee, trustee, guardian, executor or administrator shall file with the Village Clerk a certified copy of his appointment and secure the written con- sent of the said Board of Trustees. Section 7. LICLiSL FEES. For the purpose of this ordinance the year shall commence with the 1st day of July for the year 1939 and thereafter. Each license granted shall be issued so as to expire at midnight on the 3Gth day of June following its issuance. Retailer' s license fee for the sale of beer within the Village of McCall, Idaho, shall be as follows: (a) Where such retailersells draught beer and bottled or canned beer, or draught beer only, the annual license fee is and shall be t)25.00. (b) Where such retailer sells bottled or canned beer which is consumed on the premises, the annual license fee is and shall be .:112.50. ( c) Where such retailer sells bottled or canned beer, none of which is consumed on the premises , the annual license fee is and shall be 6.25. Said license fees shall be for one year or any part or portion of a year, which said license fees shall be in addi- tion to any and all other license fees required by any other ordinance of the Village of McCall, Idaho. Section S. PENALTY. Any person violating this Ordinance or any part thereof, shall upon conviction thereof, be punished by a fine of not exceeding One Hundred Dollars (6100.00) , recoverable with costs, and in case of failure to pay such fine and costs, or any portion thereof, he shall be confined in the Village Jail for a period of time equal to one da:, for each 2.00 of such fine and costs remaining unpaid. Section 9. REVOCATION OF LICENSE. Nothing in this Ordinance shall be construed to create a vested right in any person to continuance, assignment, renewal or re-issuance of any license, and the right shall be and re- main at all times vested in the Board of Trustees of the Village of McCall, Idaho, to re/oke, cancel or suspend the license of any person herein licensed, for fraud and misrepresentation inits procurement, of for violation of any of the provisions of this ordinance or any other ordinance of the Village of McCall or any law of the State of Idaho, 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 premises where the sae is conducted as a public nuisance or a menace to the health,. peace, safety or general welfare of the Village; and upon complaint filed with the Village Clerk, the offender shall be notified and a hearing called in a summary manner, and if at said hearing it shall appear to the said Board of Trustees that cause exists for the cancellation, suspension or revocation thereof, the said Board of Trustees may do so by a majority vote without further process of law. Provided further that a revocation of ti..- license granted by the Board of County Commissioners of Valley County Idaho, shall work a revocation of the license granted by said Village of McCall, Idaho. Section 10. PRIOR ORDINANCES REPEALED. Ordinance No. 72 arid Ordin-r:nce No. 31 of- the: Village of McCall, and all other Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance, shall be and the same are hereby repealed. Section 11. This Ordinance shall be in full force and effect from and after 12:01 A. H. on the 1st day of July, 1939. Passed and approved this 21th day of June, 1939. Chairman _.�. C erk. 1