HomeMy Public PortalAboutOrd. 132 - Repealing Ord. 81 & 106 Vi ORDI1 L4CE V0. 132
AN ORDINiLiCE DEFINING BEER: FOR THE RETAIL SALE OF BEER: FIX-
ING THE LICENSE FEE THEREFORE: PROVIDING THE TEEMS AND CONDITIONS
FOR THE aPPLICaTIONS FOR LICENSE: PROVIDING REGULATIONS UNDER JHICH
THE S ivME MaY BE SOLD: PROVODING s PENaLTY FOR THE VIOLATION OF ANY
OF THE TERMS .iND CONDITIONS OF THIS ORDINyNC : PROVIDING FOR a R :VOCa
TION AND SUSPENSION OF LICENSE: REPEALING ORDINANCE NO. 81 AND
ORDIN .NCE NO. 106 ,iND "ALL OTHER ORDIDaNCEu IN CONFLICT HER V,ITH.y
BE IT ORDAINED BY THE CH_ IKTd aN aND 130aBD OF TRSU'TEES OF THE
VILLaGE OF McCaLL, IDaHO :
SECTION 1. DEFINING.
( a) 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 decoration of barley,
m, lt, amd other ingredients in drinkable water.
(b) PERSON. The word "person" as used in this ordinance shall
mean and include any person, firm, corporation, partnership,
joint stock company or anygroup or combination acting as :a unit, , _JO ;
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 z-/cj
shall sell, trade, barter,or dispose of beer to the consumer
which may or may not be consumed on the premises.
SSOTI ON 2. 3aLE OF BEER—LICENSES REq,UIRED.
It shall be unlaful for any person to sell, trade, or dispose
of any beer, for a consideration, at retail without first having a• 1G--
obtained a license therefore from the Board of Trustees of the
Village of McCall, Idaho, Us herein provided.
aEBCTION 3. aPPLICaTION FOR LICENSE.
Before 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, 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) 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
iof one year prior to the date of making application, is over 21
years, of good moral character and has never been convicted of
t any felony or .any crime involving moral tutpitudeor for the
violation of any law regulating, governing or prohibiting the sale
O of alcoholic beverage or intoxicating liquors.
(d ) That the applicant agrees to abide by the terms and condi-
tions of this Ordinance.
SECTION 4. GR:INTING 02 LICELaE AT OPT1ON OF BOARD.
The Board of Trustees of the Village of McCall, Idaho , shall -z._ /r`I
have the right to reject any and all applications at its option.
SECTION 5. REGULATIONS.
(a) It shall be unlawful for any person to suffer or permit
any person under 21 years of age to consume beer in or upon his
premises, or fox any person to sell, serve or dispense beer e-r to
-- or by any* person under 21 years of age ar- 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 time to make an examination of the said licensed n, /os`
premises to ascertain if the licensee of said premises is con-
forming to the provisions of this Ordinance, the laws of the
State of Idaho, or the laws of the United States , applicable
thereon, and to check the alcoholic content 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 licensee shall not be sold, transfered or assigned
without the written consent of a mojority of the Board of Trustees
that in case of the recerivership, assignment, bankruptcy, or in-
®f
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Ordinance No. 132 Continued
competency of the licensee, the licensee' s business may be
carried on under the license by the duly appointed, qualified
and acting receiver , assignee, trustee in bankruptcy, guardian, exee
ecutor or administrator of the licensee, providing that such receiver,
assignee, trustee, guardian, executor or afministrator shall file ((3-
with the Village Clerk a certified copy of his appointment and secure
the written consent of the said Board of Trustees.
SECTION 6/ LICENSE FEES.
For the purpose of this Ordinance the year shall commence the
first day of July,and thereafter. Each license issued shall expire
at midnight on the 30th day of June following its issuance.
Retailer' s license fee for the dale of beer within the Village of
McCall, Idaho, shall be as follows:
(a) Where such retailer sells draught beer and bottled beer or canA
ned beer, or draught beer only, which is consumed on the premises,
the annual license fee is and shall be 040.00
(c0 There 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 fee shall be for one year or any portion or part
of a year, which said license fees shall be in addition to any
and ill other license fee required by any other Ordinance of
the Village of HcCall, Idaho.
SECTION 7. 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 (0100.00) , recoverable with costs, and in lE
case of failure to pay such fine and costs, or any portion `/
thereof, shall be confined in the Village Jail for a period of
time equal to one day for each '2. 00 of such fine and costs
remaining unpaid.
SECTION 8/ PRIOR ORDINANCES REPEALED.
Ordinance No. 81 and No. 106 of the Village of McCall, Idaho,
and all other Ordinances or parts of Ordinances in conflict with
the provisions of this Ordinance , shall be and the same are
hereby repealed.
This Ordinance shall be in full force and effect from and
aftery 12 :01 A. M. on the first day of July, 1945.
Passed tnd approved this 4th day of June, 1945.
Attest :---
0
41y00.4:A4Ik - os Chairman.
/ Cler-