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HomeMy Public PortalAboutTitle 4, Chapter 03- BeerTITLE 4 IONA CITY CODE CHAPTER 3 (Revision: December 7, 2023) Page 76 CHAPTER 3 Beer SECTION: 4-3-1: Definitions 4-3-2: License Required 4-3-3: License Fees 4-3-4: Application for License 4-3-5: Prohibited Licenses 4-3-6: License for Designated Address Only 4-3-7: Location Restrictions 4-3-8: Posting of License 4-3-9: Transfer of License; Transfer Fee 4-3-10: Right of Entry 4-3-11: Sale to Minors Prohibited 4-3-12: Conduct of Business 4-3-13: Dancing on Premises on Sunday Prohibited 4-3-14: Covering of Windows on Street Levels Unlawful 4-3-15: Hours of Sale 4-3-1: DEFINITIONS. Certain words and phrases used in this Chapter are defined as follows: BEER: Any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and/or other ingredients in drinkable water and which contains not more than six percent (6%) alcohol by weight. DISTRIBUTOR: A person who is employed by or is an agent of a retailer to sell, serve or dispense beer. TITLE 4 IONA CITY CODE CHAPTER 3 (Revision: December 7, 2023) Page 77 LICENSE: A license issued by the City Council authorizing a licensee to sell beer at retail. LICENSEE: A qualified person to whom a license for the retail sale of beer is issued under the provisions of this Chapter. PREMISES: The building, room or place in which the retail sale of beer by a licensee is authorized under this Chapter. RETAILER: A person to whom a beer license has been issued. 4-3-2: LICENSE REQUIRED. Except as otherwise provided in this Chapter, no person shall sell or dispense beer at retail within the City without first obtaining a license from the City as required by this Chapter. 4-3-3: LICENSE FEES. License fees for the retail sale of beer in the City shall be as follows: (A) Where the retailer sells draught, bottled or canned beer for consumption on or off the premises, two hundred dollars ($200.00) per annum; (B) Where the retailer sells bottled or canned beer only for consumption off the premises, fifty dollars ($50.00) per annum. 4-3-4: APPLICATION FOR LICENSE. (A) Each applicant for a license for the retail sale of beer shall file with the City Clerk a written application that states the following: (1) The name and residential address of the applicant. (2) The street address of the premises where beer is to be sold. (3) The name of the owner of the premises for which the license is sought. (4) That the applicant, if an individual, is at least nineteen (19) years old. (5) That the applicant has not been convicted of a felony or any crime involving moral turpitude. (6) The names and addresses of four (4) references as to the good moral character of the applicant. TITLE 4 IONA CITY CODE CHAPTER 3 (Revision: December 7, 2023) Page 78 (7) That the applicant holds a current, valid license for the retail sale of beer, issued by the County Commissioners of Bonneville County, Idaho. (8) That the applicant agrees to abide by the terms and conditions of this Chapter, and any laws, ordinances, rules or regulations subsequently promulgated by the State, Bonneville County or the City regarding the retail sale of beer within the City. (9) Any other information the Clerk requires to determine that the applicant possesses the qualifications and has none of the disqualifications for a license, as provided in this Chapter and in Sections 23-1010 and 23-1016, Idaho Code, as amended. (B) On receipt of a written application conforming with subsection (A) of this Section and payment of the license fee, the City Clerk shall immediately forward the application to the Chief of Police for review, investigation and recommendation. If the Chief of Police recommends denial of the license application, the Chief shall notify the applicant of the recommendation and state the date, time and place of the next City Council meeting at which the recommendation will be considered. The notice shall be in writing and shall be mailed to the applicant at the address in the application no later than seven (7) days prior to the date of the City Council meeting. (C) At the date, time and place stated in the notice, the City Council shall consider the application and hear testimony and evidence from any interested person. No license application shall be denied unless the written notice required by subsection (B) of this Section has been given and the applicant has been given an opportunity to testify and present evidence in support of the issuance of the license. All applications for a retail beer license or any transfer or renewal of a retail beer license shall be granted or denied within sixty (60) days from the date the application was delivered to the City Clerk. (D) If the Council denies an application for a retail beer license, or any renewal or transfer of a retail beer license, the Council shall specify in writing: (1) The statutes, ordinances and standards used in evaluating the application; (2) The reasons for denial; and (3) The actions, if any, the applicant could take to obtain the license, transfer or renewal. (E) The City Clerk shall keep a transcribable verbatim record of all proceedings concerning applications for beer licenses, or their transfer, renewal or revocation, pursuant to the provisions of this Chapter. If an application for a license, transfer or renewal is denied, or if a license is revoked, the transcribable verbatim record shall be kept for a period of not less than six (6) months after a final decision. Upon request and within the time provided for retention of the record, persons may have the record transcribed at their expense. TITLE 4 IONA CITY CODE CHAPTER 3 (Revision: December 7, 2023) Page 79 4-3-5: PROHIBITED LICENSES. No license for retail sale of beer shall be issued to any person holding a wholesaler's or manufacturer's license issued by the State. 4-3-6: LICENSE FOR DESIGNATED ADDRESS ONLY. A license for the retail sale of beer shall be granted only for the place designated in the application. The place of business shall not be changed or moved without the consent the Council. 4-3-7: LOCATION RESTRICTIONS. (A) No license shall be issued for any premises that is within three hundred (300) feet of any public school, church, or any other place of worship. Such distance shall be measured in a straight line between the nearest entrance to the licensed premises and the nearest property line of such school, church or place of worship. (B) No person shall sell or dispense beer for consumption on the premises at any place within three hundred (300) feet of any public school, church or other place of worship, measured in a straight line between the nearest entrance to such place and the nearest property line of such school, church or place of worship. (C) The provisions of subsections (A) and (B) above shall not apply to any premises that met the qualifications of such subsection at the time the premises were first licensed, but thereafter fail to meet such location restrictions because of the construction or commencement of use of such public facility or place of worship subsequent to such first licensing. 4-3-8: POSTING OF LICENSE. All licenses for the sale of beer shall be posted in a place conspicuous to the public at the licensed premises at all times when the premises are open for business. 4-3-9: TRANSFER OF LICENSE; TRANSFER FEE. No license may be transferred to another person who has not obtained approval of the City Council after making an application containing the information required by Section 4-3-5. If a transferee has all of the qualifications and none of the disqualifications for a license to sell beer at retail, the City Council shall approve the transfer and the City Clerk shall re-issue the license in the name of the transferee. The fee for transfer of a license to sell beer at retail shall be twenty-five dollars ($25.00) for bottled or canned beer sold only for consumption off the premises and one hundred dollars ($100.00) for draught, bottled or canned beer sold for consumption on or off the premises. The license for the transferring license shall be surrendered to the City Clerk before such transfer may be made. TITLE 4 IONA CITY CODE CHAPTER 3 (Revision: December 7, 2023) Page 80 4-3-10: RIGHT OF ENTRY. Any police officer shall have the right at any time to enter and examine the premises of any licensee or of any place where beer is sold at retail to ascertain the alcoholic content of any beer kept for sale on the premises or to ascertain compliance with the laws of the State and the City. It shall be unlawful to refuse any police officer admittance to the premises for such purposes. 4-3-11: SALE TO MINORS PROHIBITED. (A) No person under twenty-one (21) years of age shall sell, purchase, possess or consume any beer. This restriction shall not apply to persons at least nineteen (19) years old who sell, dispense, deliver or possess beer in the course of their employment by a licensee under this Title. (B) No person shall give, sell or deliver beer to any person under the age of twenty-one (21). (C) No person under the age of twenty-one (21) shall represent to any retailer or distributor or to any agent or employee of a retailer or distributor that he or she is twenty-one (21) years or more of age, when in fact he or she is under the age of twenty-one (21) years, for the purpose of inducing the retailer or distributor, or his agent or employee, to sell, serve or dispense beer to such person. (D) No person shall represent to any retailer or distributor or to any agent or employee of a retailer or distributor that any other person is twenty-one (21) years or more of age, when in fact the other person is under the age of twenty-one (21) years, for the purpose of inducing the retailer or distributor, or his agent or employee, to sell, serve or dispense beer to such other person. 4-3-12: CONDUCT OF BUSINESS. Every person licensed under this Title to sell beer at retail shall at all times conduct a quiet and well-lighted, orderly place of business. 4-3-13: DANCING ON PREMISES ON SUNDAY PROHIBITED. No person licensed under this Title to sell beer at retail shall permit dancing on Sunday in the licensed premises. 4-3-14: COVERING OF WINDOWS ON STREET LEVELS UNLAWFUL. Street level windows adjacent to any public street in premises owned or controlled by any person licensed under this Title to sell beer at retail shall not be covered by curtains, paint or any substance that obscures or tends to obscure the view into the premises from the street. TITLE 4 IONA CITY CODE CHAPTER 3 (Revision: December 7, 2023) Page 81 4-3-15: HOURS OF SALE. It shall be unlawful for any person in any place licensed to sell beer for consumption on the premises, to sell or dispense beer for consumption on the premises or to permit the consumption of beer on the premises between the following hours: (A) 1:00 a.m. and 7:00 a.m. of any day other than Sunday; (B) 1:00 a.m. on Sunday, Thanksgiving and Christmas and 7:00 a.m. of the day following such holidays. It shall also be unlawful for any person to sell or dispense beer for consumption on the premises on Sunday during the hours permitted above, in any place not licensed as an eating place under Chapter 16, Title 39, Idaho Code.