HomeMy Public PortalAboutTitle 4, Chapter 04- WineTITLE 4 IONA CITY CODE
CHAPTER 4 (Revision: December 7, 2023) Page 82
CHAPTER 4 Wine
SECTION:
4-4-1: Definitions
4-4-2: License Required
4-4-3: License Fees
4-4-4: Application for License
4-4-5: Qualifications
4-4-6: Issuance of License
4-4-7: Expiration; Transfer
4-4-8: Consumption on Premises
4-4-9: Location Restrictions; Schools or Churches
4-4-10: Age Restriction on Sale or Purchase
4-4-11: Hours of Sale
4-4-1: DEFINITIONS. Certain words and phrases used in this Chapter are defined as
follows:
DIRECTOR: The director of the Idaho State Police.
WINE: Any alcoholic beverage containing not
more than fourteen percent (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.
RETAIL WINE LICENSE: A license issued by the Director
authorizing a person to sell wine at retail
for consumption off the licensed premises.
The term also means a license issued by the
City authorizing a person to sell wine at
retail for consumption off the licensed
premises only.
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CHAPTER 4 (Revision: December 7, 2023) Page 83
WINE-BY-THE-DRINK
LICENSE:
A license to sell wine by the individual
glass or open bottle at retail for
consumption on the premises.
RETAILER: A person to whom a retail wine license or
wine-by-the-drink license has been issued.
DISTRIBUTOR: A person who is employed by or is an agent
of, a retailer to sell, serve or dispense wine.
(Ord. 226-02-19, 2/19/2019).
4-4-2: LICENSE REQUIRED. Except as otherwise provided by this Chapter, no person
shall sell wine at retail for consumption off the premises or by the individual glass or open bottle
for consumption on the premises within the City, without first obtaining a license under this
Chapter or a liquor by the drink license issued under Chapter 2 of this Title. A person who holds
a valid current wine-by-the-drink license issued by the City may sell on the licensed premises wine
at retail for consumption off the premises without obtaining a retail wine license from the City.
4-4-3: LICENSE FEES. The fee for a retail wine license shall be one hundred dollars
($100.00) per year. The fee for a wine-by-the-drink license shall be one hundred dollars ($100.00)
per year. License fees shall be paid in advance for each calendar year or any portion of a calendar
year without proration.
(Ord. 226-02-19; 2/19/2019).
4-4-4: APPLICATION FOR LICENSE. Each applicant for a retail wine license or
wine-by-the drink license shall submit a written application on a form furnished by the Clerk.
4-4-5: QUALIFICATIONS. An applicant for a retail wine license or wine-by-the-drink
license shall possess all qualifications necessary to obtain a license from the Director. Licensees
shall maintain qualifications throughout the period for which their license is issued. Possession of
licenses regularly issued by the Director and Bonneville County shall be prima facie evidence of
the applicant's qualifications to receive a license under this Chapter.
4-4-6: ISSUANCE OF LICENSE. When the applicant for a retail wine license or wine-
by-the-drink license has produced evidence as required by Section 4-4-5 above and paid the
required license fee, the City Clerk shall submit the application to the City Council within thirty
(30) days after the application is filed. Upon approval of the Council, the Clerk shall issue the
license to the applicant.
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CHAPTER 4 (Revision: December 7, 2023) Page 84
4-4-7: EXPIRATION; TRANSFER. Licenses issued under this Chapter shall expire at
midnight on December 31 of the calendar year for which they are issued. The procedure for the
transfer of a retail wine license or a wine-by-the-drink license shall be the same as provided in
Idaho Code Section 23-1317, as amended, upon application to the City Clerk. The fee for transfer
of a retail wine license or wine-by-the-drink license shall be one hundred dollars ($100.00). The
license of the transferring licensee shall be surrendered to the City Clerk before such transfer may
be made.
4-4-8: CONSUMPTION ON PREMISES. Retailers who do not possess a valid City
license for the retail sale of liquor by the drink or wine-by-the-drink shall not permit consumption
of wine on the licensed premises.
4-4-9: LOCATION RESTRICTIONS; SCHOOLS OR CHURCHES. No wine-by-
the-drink license shall be issued to any person to operate at any place 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. No person shall sell or dispense wine for
consumption on the premises at any place within three hundred (300) feet of any public school,
church or other place of worship, similarly measured in a straight line. This restriction shall not
apply to any duly licensed premises that at the time of first licensing did not come within the
restricted area, but subsequent to such first licensing came therein because of the construction or
commencement of use of such public facility or place of worship subsequent to such first licensing.
4-4-10: AGE RESTRICTION ON SALE OR PURCHASE.
(A) No person under twenty-one (21) years of age shall sell, purchase, possess or consume any
wine.
(B) No person shall give, sell or deliver wine to any person under the age of twenty-one (21)
years.
(C) No person under the age of twenty-one (21) shall represent to any retailer or distributor
that he or she is twenty-one (21) years or more of age, when in fact he or she is under such
age for the purpose of inducing the retailer or distributor, to sell, serve or dispense wine to
such person.
(D) No person shall represent to any retailer or distributor that any other person is twenty-one
(21) years or more of age, when in fact that other person is under such age for the purpose
of inducing such retailer or distributor to sell, serve or dispense wine to such other person.
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4-4-11: HOURS OF SALE. No person who is licensed to sell or dispense wine for
consumption on the premises shall sell or dispense wine for consumption on the premises during
any time when beer cannot be lawfully sold for consumption on the premises.