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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IF HE RECOM- MENDS DENIAL OF APPLICATION, PROVIDING THAT ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE REPEALED, AND PROVIDING AN EFFECTIVE DATE.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$•