HomeMy Public PortalAboutOrd. 472 - Beer LicensesORDINANCE NO. 'PI to
AN ORDINANCE RELATING TO BEER LICENSES; AMENDING CHAPTER
1 OF TITLE IV OF THE VILLAGE CODE OF McCALL, IDAHO,
BY THE ADDITION OF A NEW SECTION 4-1-8 OF THE VILLAGE
CODE OF McCALL, IDAHO, REQUIRING APPLICATIONS FOR BEER
LICENSES TO BE IN WRITING, PROVIDING FOR A TIME LIMIT
FOR PROCESSING APPLICATIONS, PROVIDING FOR WRITTEN
FINDINGS FOR DENIAL OF APPLICATIONS, PROVIDING FOR
RECORDS OF PROCEEDINGS AND THE KEEPING AND TRANSCRIPTION
THEREOF, PROVIDING FOR KEEPING OF MINUTES AND RETENTION
OF SUCH MINUTES, PROVIDING FOR INVESTIGATION OF APPLI-
CANTS BY POLICE DEPARTMENT, PROVIDING THAT THE CHIEF OF
POLICE SHALL PROVIDE A WRITTEN STATEMENT IF HE RECOM-
MENDS DENIAL OF APPLICATION, PROVIDING THAT ORDINANCES
AND PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE REPEALED,
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF McCALL, IDAHO, AS FOLLOWS:
t
Section 1. That Chapter 1 of Title IV of the Village Code
of McCall;, Idaho, be, and the same is hereby amended by the
addition thereto of a new section, to be known and designated
as Section 4-1-8 of the Village Code of McCall, Idaho, and
to read as follows:
4-1-8:
A. WRITTEN APPLICATION REQUIRED. A written application
for beer licenses, on forms furnished by the City Clerk,
shall be filed with the City Clerk.
B. TIME FOR PROCESSING. The City, Council shall grant
or deny the application withinibok ,,� (V?) days of the
filing thereof with the City Clerk
C. DENIAL OF APPLICATION. Whenever the City Council
denies an application, the Council shall specify in
writing:
(1) The statutes, ordinances and standards
used in evaluating the application;
(2) The reason for the denial; and
(3) The actions, if any, that the applicant
could take to obtain the license, transfer
or renewal thereof.
D. RECORD -TRANSCRIPTION- KEEPING OF MINUTES. In
all cases where the City Council is considering applica-
tions for licenses, transfers, or renewals thereof, a
transcribable verbatim record of the proceeding shall
be made. If the application for a license, transfer or
renewal is denied, a transcribable, verbatim record of
the proceedings shall be kept for a period of not less
than six (6) months after a final decision on the matter.
Upon written request and within the time period pro-
vided for retention of the record, any person may have
the record transcribed at his expense. The City Council
shall also provide for the keeping of the minutes of
the proceedings. Minutes shall be retained indefinitely
or as otherwise provided by law.
E. LICENSE -INVESTIGATION OF APPLICANTS. No license
shall be granted hereunder until there has been an
investigation by the Police Department of all appli-
cants hereunder. After investigationthe applications
shall be forwarded to the City Council with a recom-
mendation from the Chief of Police. If the Chief of
Police recommends that an application be denied he
shall state in writing:
(1) The statutes or ordinances and standards
used in evaluating the application;
(2) The reason for the denial; and
(3) The action, if any, that the applicant
could take to obtain the license, trans-
fer or renewal thereof.
Section 2. All ordinances and parts of ordinances in conflict
with this ordinance are hereby repealed.
Section 3. This ordinance shall take effect and be in full
force upon its passage, approval and publication.
Passed and approved this vt,day of February, 1984.
eg74.
Mayor
Attest-:
STATE OF IDAHO
County of Valley
SS.
PUBLISHER'S AFFIDAVIT OF PUBLICATION
Judy Brooks being duly sworn deposes
a.,;, says, I am the bookkeeper of the Star -News, a weekly
newspaper published at McCall, in the County of Valley, State of Idaho; that
said newspaper is in general circulation in the county of aforesaid and is a
legal newspaper; that the Ordinance No, 4.72 a copy of which
is attached hereto and made a part hereof, was published in said newspaper
once a week for one consecutive weeks in the regular and entire
issue of every number thereof during the period and time of publication, and
was published in the newspaper proper and not in a supplement; and that
publication of such notice began February 15
19 84 and ended February 15 . 19 84
(uiZ%t'Jh
Subscribed and s .i.rn toegefore me this the
15th day of February 19 84
Notory Public in and for the State of
Idaho, residing at McCall
therein.
Ordinance No. 472
AN ORDINANCE
RELATING 'TO -BEER
LICENSES; AMENDING
CHAPTER 1 OF TITLE IV
OF THE VILLAGE CODE OF.
McCALL, IDAHO, BY THE
ADDITION OF A NEW SEC-
TION 4-1-8 OF THE
VILLAGE CODE OF Mc-
CALL, IDAHO REQUIRING
APPLICATIONS FOR BEER
LICENSES TO BE IN,
WRITING, PROVIDING
FOR A TIME LIMIT FOR
PROCESSING APPLICA-
TIONS, PROVIDING FOR
WRITTEN FINDINGS FOR
DENIAL OF APPLICA-
TIONS, PROVIDING FOR
RECORDS; OF PRO-
CEEDING AND THE KEEP-
ING AND TRANSCRIPTION •
THEREOF, PROVIDING
FOR KEEPING OF
MINUTES AND RETEN-
TION OF SUCH -MINUTES,
PROVIDING FOR IN-
VESTIGATION OF ,AP-
PLICANTS BY POLICE
DEPARTMENT, PRO-•
VIDING THAT THE CHIEF
OF POLICE SHALL PRO-
VIDE A WRITTEN STATE-
MENT IF HE RECOM-
i MENDS DENIAL OF AP-
PLICATION, PROVIDING
THAT ORDINANCES AND
PARTS OF ORDINANCES
IN CONFLICT HEREWITH
ARE REPEALED, AND
PROVIDING AN EFFEC-
TIVE DATE.
BE IT ORDAINED BY THE
MAYOR AND COUNCIL OF
THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. That Cahpter 1 of
Title IV of the jVillage Code of
1 McCall, Idaho, be, and the
same is hereby amended by the
addition thereto of a new sec-
tion, to be known and
designated as Section 4-1-8 of
the Village" -Code -of, -McCall,
, Idaho` and to read as follows:..
-
A. WRITTE PN A PLICA-
TION_REQUIRED. A written
application for beer licenses,
on forms furnished by the City
Clerk, shall• be filed with the
City Clerk.
B. TIME FOR PROCESS-
ING. The City Council shall
grant or deny the application
within forty-five (45) days of
the filing thereof with the City
Clerk.
C DENI-A•L-OF APPLICA-.
• �TION. Whenever the City
•;Council denies an application,
/the...Council shall .specify in
writing:
(1) The statutes, or-
i dinances and standards used in
evaluating the application;
(2) The reason for the
denial; and
(3) The actions, if any,
that the applicant could take to
obtain the license, transfer or
renewal thereof.
D. • RECORD
TRANSCRIPTION - KEEP-
ING OF MINUTES. In all
cases where the City Council is
considering applications for
licenses, transfers, or renewals
thereof, a transcribable ver-
batim record of the proceeding
shall be made. -If the applica-
tion for a license, transfer or
renewal is denied, a
transcribable verbatim record
of the proceedings shall be kept
for a period of not less than six
(6) ,months after a final deci-
sion on the matter. Upon writ-
, ten request and within the time
period provided for retention
, of the record, any person may
have the record transcribed at
his expense. The City Council
shall also provide for the keep-
ing of •the minutes of the pro-
ceedings! --Minutes shall be re-
Ctaed indefinitely or as other-
mwise provided by law./.
.I. =E. LICENSE = INVESTtc,ai-
TION OF APPLICANTS. No
license shall be granted
hereunder until there has been
an investigation by the Police
Department of all applicants
hereunder. After investigation
the applications shall be for-
, warded to the City Council
' with a recommendation from
the Chief of Police. If the Chief
i of Police recommends that an
I<application be -denied he shall
•state_in writing:_ __-_
(1) The statutes or or-',
dinances and standards used in
evaluating the application;
(2)' The reason for the
denial; and
(3) The action, if any, the
the applicant could take to ob-
tain the license, transfer or
renewal thereof.
Section 2. All ordinances and
parts of ordinances in conflict ,
with this ordinance are hereby
repealed.
•Section 3. This ordinance
shall take effect and in full
i force upon its passage, ap-
i proval and publication.
Passed and approved this 6.th
day of February, 1984.
s/Clyde L. Archer Jr.
Mayor .
Attest:
s/Caren Beckler
I City Clerk
2-15-1t fie$•