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HomeMy Public PortalAboutOrd. 139A - Retail Sale of Liquor by the Drink _ , // OR.olisARCE NO: /394. Au ORDINANCE LICENSING A14:0 REGULATiNG PREISES l!OR WHICH A LICENSE HAS BiSN ISSSt,hD BY 'ERE STAIL 31 LuAii30 AUThOHIZ:ING THE, RETAILED SALE J1 LIQUOR DY THE DRINK UPON SUCH PREMISES: PROVIDING PuR 2u isSUANCE ui LICEliSE6 AND THE iiEES FORE: PROVIDIDG FOR uNLAVd;UL PRAC2ICES AND THE PENALTILS FOR TIE VIOLATION THEREOF : BE IT ORDAINED By the chairman and Board of Trustees of the Village of as follows : SECTIJN 1 . For the purpose of this act : (a) The word 'person" shall "mean any person, firm, copartnership, corporation, association or' group of individuals acting as. a Unit : 2 Pi . (b) Except where otherwise provided by this Ordinance,' all words and phrases shall be given the same interpretation as that. provided by H. B. No. 148, as passed by the 2 .th Sassion of the Legislature of the State of Idaho. . SECTION 2. Any person desiring to conduct or operate, in or: upon any promises within the Village of :,5cCall, the business of the, sale of liquor by the drink at retail, shall first' procure a license frocli.the Villase Clerk of the Village of McCall, so to do, which said license, the' issuance . Lhereof and the operation thereunder, shall oe subject to all orovisions of this Ordinance. -- Prior to the issuance of such license, the ,avlicant shall make application to the Village Clerk in writing, upon forms to be -supplied by the VillaL,e Clerk, which ap„...lication shall be verified bd the person making the same before—the Village Clerk . cr ov,hr person authorized by the laws of the StaLe of Idaho, to /- administer oaths. The application shall show such information as may be required from time to time by the Chairman and Board, of Trustees of the Village of 2i,cCall, and in addition thereto' shall be accompanied with and show the following. (a) Such -a :plicatiori' shall be acconpan.:ied wit;n• the license issued by the Co:wuissioner of Law Enforcement of the . State of Idaho, for -the prey ises : and for the' time for which the. application is made, • which license `shall ' be returned is -t�I .e app-' . licent after examination. by the Board of Trustees:. ( o) The name and the resident address of the applicant • ' which, if .a- copartner ship, shall. include the name and resident . address of each partner; if, a corporati on, ,'associatiari or group . . acting as a ' uni b, the naive and • resident address . of the officers . and the Board of, Directors, Trustees or other governing board. (c) :A detailed •uescri tion of the pre rises •for; which application for a .licens.e is made. .. , . . . • (d)' . Each application shall be accompanied by the . • . license fee prescribed by this Ordinance, t hich fee shall: be ' . . . refunded if - the cousel. shell refuse to issue a license. . ' ' • . • '( e) .The .date of issuance and the license number of . the Viila4e of t:EcCall retailed beer 'license issued for- such premises.. . SECTIWii 5. The license fee hereby imposed, and :hereby re- , . ., - ' • qi ired to oe paid to tie Villa ;e Clerk, Shall -be in 'crie. sum of • ' - TWa HUNDfiLiD AND .l`.vy ,u f --F E DoiLLA iS ( 425.00) .ter Annum or any Z' .-144) part or portion thereof.. All licenses shall; ea,pire; at midnight - of t}ze 31st •day of Decez�uiber ' of •the calendar yew :for which' issued. . ' ,SLGT.lOi' . 4:, _The. Village Clerk shall subr_it, all such 'app- ,. . lications to the. Chaairman and r3oard of, :frus,tees ,at the next regular , ' meeting of the Board of •Trustees followin,t the date the application . is made. If, the Chairman and Board of` :Tr.:istees' shall' so order, .1 .¢ . the Clerk shall issue- a license as herein provided, otherwise die ' fee shall IDe returned to the applicant an.d .no license. shall be ' Issued.. . - - SECTIUic 5. ' A. • it shall .be unlawful and .'punishable as herein. • , provided for• ariy riersbL. to sell.,: -deliver or give aWay, or cause . 4 . . or permit to be sold, delivor or give away, any liquor to: ( 1) Any person under the age of twenty-one (21) years : (2) Any person actually, a,parently, or obviously intoxicated; (3) A habitual drunkard; (4) An interdicted person as defined by the .laws Of the State of Idaho; P •(.16%-1 ( 5) An Indian. B. Any person under the age of twenty-one (21) years, Indian or other disqualified person who, and any porson who shall aid or abet such person to, knowingly misrepresent his, or her qual- ifications for the prupose of obtaining liquor from any licensee shall upon conviction be guilty of a ,,lisdelsieanor. C. It stall be unlawful for any licensee to sell, keep for sale, dispense or Give away, or otherwise dispose of any liquor In the original containers or 3therwise than retail sale by the drink. D. It shall be unlawful for any person to keep or maintain any room or premises in or upon which liquor is received or kept, whether owned by such ofxson or another, or to which liquor is brought for consumption therein or thereon, or •in or upon which liquor is sold by the drink anloss and until a license for such room or ixelltises is first procurred under the pr visions of this Ordinance. SLOTION 6. . No liquor shall be sold, offered for sale, or Given away upon any licensed promises during the following days and hours; ( a) Sunday, titemorial, Thanksgiving and ChristLaas from 1 :00 A.141. to .1000 A.M. of the followin„.., day; 2 0.) (b) on any other clay oetween 1 :00 A.Td. and 10 :00 A.M. of said day : (c) On the day of any State, primary or general elec- tion prior to the closing of the polls . N T SECTIO, 7. All police officers of the Village of -aCalll shall have the rIGht at any time to enter in and upon any such licensed prises, and it snail he unlawful to refuse any officer pq of the police force of the Vill -e of 'LlcCall admittance to or ) access to such pr, Yiises for the purpose of police control, regulation and inspection of such premises. SLCTIu S. Any person violating any provis _ons of this 3rdinaiice shall be guilty of O. misdemeanor and upon, conviction quitIDREK thereof shall be liu-lshed by a fine not to exceed TERLEAAL:i) 1,0/1007 DO.L.LAD., (000.00) or thirty (30( days in the Village Jail, or by both such flne and Imprisonment. This Ordinance shall be in full force and effect on and after the first day of July, 1'd,17. Passed by the Chairman and hoard of Trustees and approved this 91- day of June, 1947. • Chairman •.061.14 Clerk y OR.ulNAi` CE No. /,�9 4 AN ORDINANCE LICENSING AND REGt LAT'ING PREMISES I OR WHICH A LICENSE HAS BEEN ISSSuED BY THE STATE OF IDAHO, AUTHORISING THE RETAILED SALE OIL LI ,UORDY ThE DRINK UPON SUCH PREMISES :. PROVIDING FOR ThE ISSUANCE OF LICENSES AND '1'HE FEES THEREFORE: PROVIDING FOR UNLAV F'UL DRAG ICES AND THE PENALTIES FUR TEE VIOLATION THEREOF : BE IT OFDAI QED By the chairman and Board of Trustees of the Village of McCall as follows : SECTION 1 . For the purpose of this act : (a) The word "person" shall mean any person, firm, copartnership, corporation, association or group of individuals � l actin. as a unit : a (b) Except where otherwise provided by this Ordinance, all words and phrases shall be given the same interpretation as that provided by H. B. No. 148, as passed by the 29th Session of the Legislature of the State of Idaho. SECTION -2. Any person desiring to conduct or operate, in or upon any premises within the Village of McCall, the business of the sale of liquor by the drink at retail, shall first procure a license from the Village Clerk of the Village of McCall, so ot." to do, which said license, the issuance thereof and the operation thereunder, shall be subject to all provisions of this Ordinance. Prior to the issuance of such license, the ap;,,licant shall make application to the Village Clerk in writing, upon fonds to be supplied by the Village Clerk, which ap lication shall be verified by the person making the same before the Village Clerk cr other person authorized by the laws of the State of Idaho, to administer oaths . The application shall show such information as may be required from time to time bz the Chairman and Board of Trustees of the Village of =McCall, and in addition thereto shall be accompanied with and show the following : w (a) Such application shall be accompanied with the license issued by the Commissioner of Law Enforcement of the State of Idaho, for the premises and for the time for which the application is made, which license shall be returned to the app- licant after examination by the Board of. Trustees. (b) The name and the resident address of the applicant which, if a copartnership, shall include the name and resident address of each partner; if a corporation, association or group acting as a unit, the name and resident address of the officers and the Board of Directors, Trustees or other governing board. (c) A detailed description of the premises for which application for a license is made . (d) Each application shall be accompanied by the license fee prescribed by this Ordinance, which fee shall be refunded if the cousel shall refuse to issue a license. (e) The date of issuance and the license number of the Village of 11cCall retailed beer license issued for such premises . SCTION 3. The license fee hereby imposed, and hereby re- quired to oe paid to the Village Clerk, shall be in the sum of TWO HUNDRED AIW TWENTY-FIVE DJLLAhS (40225.00) Per Annum or any part or portion thereof. All licenses shall expire at midnight of the 31st day of December of the calendar year for which issued. SECTION 4. The Village Clerk shall submit all such app- lications to the Chairman and oard of Trustees at the next regular �5' meeting of the Board of Trustees following the date the application is made. if the Chairman and Board of Trustees shall so order, the Clerk shall issue a license as herein provided, otherwise the fee shall be returned to the applicant and no license shall be issued. SECTION 5. A. It shall be unlawful and punishable as herein I provided for any person to sell, deliver or give away, or cause or permit to be sold, deliver or give away, any liquor to : ( 1) Any person under the age of twenty-one (21) years : ( 2) Any person actually, a_.parently, or obviously intoxicated; (3) A habitual drunkard; (4) An interdicted person as defined by the laws , of the State of Idaho; ( 5) An Indian. B. Any person under the age of twenty-one (21) years, Indian or other disqualified person who, and any person who shall aid or abet such person to, knowingly misrepresent his or her qual- ifications for the prupose of obtaining liquor from. any licensee shall upon conviction be guilty of a misdemeanor. C. It shall be unlawful for any licensee to sell, keep for sale , dispense or give away, or otherwise dispose of any liquor in the original containers or otherwise than retail sale by the drink. D. It shall be unlawful for any person to keep or maintain any room or premises in or upon which liquor is received or kept, whether owned by such prson or another, or to which liquor is brought for consumption therein_ or thereon, or in or upon which liquor is sold by the drink unless and until a license for such room or premises is first procurred under the provisions of this Ordinance. • SECTION 6. No liquor shall be sold, offered for sale, or given away upon any licensed premises during the following days r °1 and hours; ., (a) Sunday, Memorial, Thanksgiving and Christmas from 1:00 A.ia.. to 10:00 A.M. of the following day; (b) On any other day between 1 :00 A. . and 10:00 A.M. of said day : (c) On the day of any State, primary or general elec- tion prior to the closing of the polls . SECTION 7. All police officers of the Village of _--cCall, shall have the right at any time to enter in and upon any such licensed premises, and it shall be unlawful to refuse any officer „j,t,}� of the police force of the Village of cCall admittance to or access to such premises for the purpose of police control, regulation and inspection of such premises . p SECTION 8. ,Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction hVA/PRFD thereof shall be punished by a fine not to exceed THREE,jA 1D 14100 0 DOLI:ArtS (4300.00) or thirty (30( days in the Village Jail, or /�Q by both such fine and imprisonment. This Ordinance shall be in full force and effect on and after the first day of July, 1: 47. Passed by th.e Chairman and Board of Trustees and approved this GJ day of June, 1,c)47. i Chairman ATThST: Clerk