HomeMy Public PortalAboutOrd. 829 - Alcohol Lic Code Changes - Title 4 Business RegulationsTitle 4, Business Regulations, City of McCall
ORDINANCE NO. 829
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, REPEALING
CHAPTERS 1, 2, 8 AND 9 OF TITLE 4 BUSINESS REGULATIONS OF THE McCALL
CITY CODE AND REENACTING SAID CHAPTER 1 OF TITLE 4 BUSINESS
REGULATIONS; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF
THE CITY OF McCALL, IDAHO:
Section 1: That Chapter 1, 2, 8 and 9 of Title 4 Business Regulations of the
McCall City Code, be, and the same is hereby repealed.
Section 2: That Chapter 1 of Title 4 Business Regulations of the McCall City
Code, be, and is hereby reenacted and shall read as follows:
Chapter 1
Alcoholic Beverages
4.1.01 Definitions 1-1
4.1.02 License 1-4
4.1.03 Applications 1-4
4.1.04 Application Hearing and Determination by City Clerk 1-5
4.1.05 Qualifications 1-6
4.1.06 Continuance of Qualifications 1-6
4.1.07 Regulations 1-7
4.1.08 Payment of License Filing Fees 1-8
4.1.09 Term and Expiration 1-8
4.1.10 Renewal 1-8
4.1.11 License: Transfer 1-8
4.1.12 Consumption On and Off Premises 1-9
4.1.13 Misrepresentation of Age 1-9
4.1.14 Sale Prohibited 1-9
4.1.15 Revocation of License 1-10
4.1.16 Police: Access to Premises 1-10
4.1.17 Liquor Catering Permit 1-10
4.1.18 Open Containers at Catered Events 1-15
4.1.19 Penalty 1-16
4.1.20 Separability 1-16
4.1.01 Definitions
As used in this Chapter the following words and phrases shall have the following
meaning when not inconsistent with the context. Words used in the present tense
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include the future, words in the plural number include the singular number, and
words in the singular number include the plural. The word shall is always
mandatory and not merely directory. Except where otherwise provided by this
chapter, all words and phrases shall be given the same interpretation as that
provided by state statute.
Alcoholic Beverage
Beer
Beer Garden
Bottled Beer
Catering Permit
Any beverage containing alcohol which is
a product of distillation of any fermented
liquor, or synthetic ethyl alcohol,
including beer, wine, spirits, or any
liquid containing alcohol, beer, wine or
spirits.
Any beverage obtained by alcoholic
fermentation of an infusion or decoction
of barley, malt, and/or other ingredients
in drinkable water.
A geographically designated or enclosed
area surrounded by fencing, with posted
signage restricting consumption,
approved by the City Council upon
recommendation of the Police Chief,
where persons twenty-one (21) years of
age or older may consume or possess
alcoholic beverages in compliance with
the provisions of this section and state
law.
Beer sold or disposed of while securely,
tightly and adequately sealed in a glass,
metal or other container of a capacity
not to exceed two (2) gallons.
A permit issued by the City Clerk to
serve and sell alcoholic beverages, valid
for no more than three (3) consecutive
days and may be designated for Tess by
the City Clerk or City Council.
City The City of McCall, Idaho.
City Council
Clerk
Page 1-2
The City Council of the City of McCall,
Idaho.
The City Clerk of the City of McCall,
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October 26, 2006 City of McCall
Title 4, Business Regulations, City of McCall
License
Licensee
Idaho, or his/her designated agent.
A license issued by the McCall City Clerk
to a qualified person, under which it
shall be lawful for the licensee to sell
and dispense alcoholic beverages, as
provided by this ordinance.
The person to whom a license is issued
under the provisions of this ordinance
and who holds a valid State of Idaho
Alcohol Beverage License and a valid
Valley County Alcohol Beverage License.
Liquor All kinds of liquor sold by and in a state
liquor store of the State of Idaho.
Off -Premises Beer or Wine License
On -Premises Beer or Wine License
Person
Place of Business
A license authorizing a person to sell
beer or wine at retail for consumption off
of the licensed premises.
A license to sell beer or wine by the
individual glass or opened bottle at retail
for consumption on the premises only.
Includes an individual, firm, co-
partnership, association, limited liability
company, corporation, or any group or
combination acting as a unit, and
includes the plural as well as the
singular unless the intent to give a more
limited meaning is disclosed by the
context in which it is used.
The place where business is carried on
by the owners or agents of owners and
under the control of those owners or
agents.
Police Chief The Chief of Police for the City of McCall,
Idaho, or his/her designated agent.
Police Department The McCall City Police Department.
Premises
The business place in which the sale of
any alcoholic beverage is authorized
under this ordinance and pursuant to
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Retailer
Spirits
Idaho statute.
Any person engaged in the sale or
distribution of alcoholic beverages to the
consumer, with the exception of keg
beer sold by Idaho State license
wholesalers, and to whom a retail
license has been issued.
Any beverage which contain alcohol
obtained by distillation mixed with
drinkable water or other substances in
solution, including, among other things,
brandy, rum, whiskey, vodka and gin.
State The State of Idaho.
Wine
Any alcoholic beverage obtained by the
fermentation of the natural sugar
content of fruits (grapes, apples, etc.) or
other agricultural products containing
sugar (honey, milk, etc.) containing not
more than fourteen percent (14%)
alcohol by volume.
All other words and phrases used in this Chapter, the definition of which is not
herein given, shall be given their ordinary and commonly understood and accepted
meaning.
4.1.02 License
It shall be unlawful for any person or licensee to sell, keep for sale, or dispense any
alcoholic beverage without first obtaining the appropriate license or permit required
by law. Further, it shall be unlawful for licensees to give away or otherwise dispose
of any liquor in the original containers or otherwise than by retail sale by the drink.
4.1.03 Applications
Prior to the issuance of a license, as herein provided, the applicant shall file with
the City Clerk an application, in writing, signed by the applicant and containing such
information and statements relative to the applicant and the premises (in existence
or to be constructed in accordance with plans and specifications approved by City)
where the alcoholic beverages are to be sold. In order to be licensed for the retail
sale of Liquor or Wine, the applicant must also be licensed for the retail sale of
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Beer. The application shall be verified by the affidavit of the person making the
same and shall be accompanied with the license filing fees herein required. In
addition to setting forth the qualifications required by other provisions of this
Chapter, the application must show:
A. The name, resident address and contact information of the applicant which, if a
co -partnership, 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.
B. The street address of the premises for which a license is sought.
C. If the premises to be licensed are not owned by the applicant, then a certified
copy of a document showing that the owner consents to the sale of alcoholic
beverages on such premises.
D. If during the period of any license issued hereunder any change shall take place
in any of the requirements of this Section, the licensee shall forthwith make a
verified report of such change to the City Clerk.
E. Such application shall be accompanied with a copy of the license issued by the
Director of the Idaho State Police for the premises and for the time for which
the application is made.
F. Such application shall be accompanied with a copy of the license issued by the
Board of County Commissioners for the premises and for the time for which the
application is made.
4.1.04 Application Hearing and Determination by City Clerk
A. The City Council has determined that the City Clerk shall be delegated the
authority to process and grant or deny all alcoholic beverage license
applications, other than certain circumstances involving catering permits, as
herein provided in this Chapter.
B. Whenever the Clerk shall determine that an application for alcoholic beverage
license, transfer or renewal is complete, the Clerk shall approve or deny such
application.
C. Whenever the Clerk or Council shall deny any application, the Clerk shall specify
in writing:
1. The statutes, ordinances and standards used in evaluating the application;
2. The reasons for denial; and
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3. The actions, if any, that the applicant could take to obtain the license,
transfer or renewal thereof.
D. A transcribable verbatim record of all appeals of denials of license, transfer or
renewal shall be kept for six (6) months from the date of appeal. Appeals shall
be heard before the City Council.
E. The Clerk shall issue a license to the applicant, which license or licenses shall at
all times be prominently displayed in the place of business of the licensee and
shall be issued only for the particular premises therein described.
F. All decisions of the Clerk shall be reported to the City Council at the next
regularly scheduled council meeting after such decision.
4.1.05 Qualifications
A. No person shall sell or dispense alcoholic beverages at retail until licensed in
accordance with the provisions of this Chapter, and no retailer's license shall be
issued to any applicant, or such license transferred to any person, including the
executor, administrator or trustee in bankruptcy of the estate of the holder of a
retail license, when that person:
1. Is under the age of twenty one (21) years;
2. Is not the bona fide owner of such business;
3. Is not a citizen of the United States, or has not been a bona fide resident
of the State for at least thirty (30) days next preceding the date of
application for a license, provided, that if the applicant is:
a. A partnership, all members thereof shall be citizens of the United
States and have been residents of the State for at least thirty (30)
days preceding the date of application for a license; or
b. A corporation or association, it must be organized under the laws of
the State or qualified under the laws of the State to do business in the
State and the principal officers and the members of the governing
board must be citizens of the United States and residents of the State
for at least thirty (30) days next preceding the date of application for
such license;
4. Does not otherwise possess all of the qualifications necessary to obtain a
license from the director of the Idaho State Police, as prescribed by the
laws of the State of Idaho and maintain such qualifications throughout the
period for which such license is issued. The possession of licenses
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Title 4, Business Regulations, City of McCall
regularly issued by the director of the Idaho State Police and the County of
Valley in addition to a city beer license, shall be prima facie evidence of the
applicant's qualifications to receive a license hereunder.
4.1.06 Continuance of Qualifications
A retailer licensee must continue throughout the license period to have all of the
qualifications and none of the disqualifications provided in this Chapter.
4.1.07 Regulations
A. It shall be unlawful for any person to suffer or permit any person under twenty
one (21) years of age to consume beer in or upon his or her premises, or for
any person to sell, serve or dispense beer to or by any person under twenty
one (21) years of age or to any person who is intoxicated, a habitual drunkard,
or an interdicted person according to the Laws of the State of Idaho. However,
any person who is nineteen (19) years of age or older may sell, serve, possess
and dispense liquor, beer or wine in the course of his or her employment in any
place as defined in section 23-942, Idaho Code, or other place where liquor,
beer or wine are lawfully present so long as such place is the place of
employment for such person under twenty one (21) years of age.
B. Any person under the age of twenty one (21) years, or other disqualified
person, who, and any person who shall aid or abet such person to, knowingly
misrepresent his or her qualifications for the purpose of obtaining liquor from
any licensee shall upon conviction be deemed 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. Every person to whom a license shall be granted shall at all times conduct a
quiet and orderly place of business.
E. All licenses issued under the provisions of this chapter shall be posted in a
conspicuous place on the premises, and kept posted during the full period of
time for which the same is issued, and that said license shall not be sold,
transferred or assigned without the written consent of the City Clerk; that in
case of the receivership, assignment, bankruptcy, or incompetence of the
licensee, the licensee's business may be carried on under the license by the
duly appointed, qualified and acting receiver, assignee, trustee in bankruptcy,
guardian, executor or administrator of the licensee, providing that such
receiver, assignee, trustee, guardian, executor or administrator shall file with
the clerk a certified copy of his appointment and secure the written consent of
the City Clerk.
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F. The licensee or any person employed by or acting on behalf of the licensee who
serves another an alcoholic beverage has the duty to routinely check valid
driver's licenses, state identification cards, military identification cards to verify
the age of those served alcoholic beverages. Any person who fails to check
appropriate identification which subsequently results in the serving of an
alcoholic beverage to a person under twenty-one (21) years of age shall be
guilty of an infraction for a first time offense, or a misdemeanor for second and
subsequent offenses occurring within two years of a prior offense of the same
nature.
4.1.08 Payment of License Filing Fees
Each application shall be accompanied by the required license filing fees.
4.1.09 Term and Expiration
A. For the purpose of this ordinance, the City of McCall Retail Alcohol Beverage
License year shall commence on September 1. All licenses issued for the retail
sale of alcoholic beverages within the City shall expire at midnight on August
31 of the year following unless application for renewal has been made. If
application for renewal has been made, the current license shall remain in force
until the City Clerk has acted on the application for renewal and has given
notice of the action taken.
B. License filing fees, to be collected by the Clerk, shall be in an amount
established by the McCall City Council by resolution.
4.1.10 Renewal
Renewal of a license shall be on forms prescribed and furnished by the Clerk.
Renewal forms shall be submitted thirty (30) days prior to the expiration of the
current license. The required license filing fees and an affidavit verifying that the
information contained in the original application is unchanged must accompany a
renewal form.
4.1.11 License: Transfer
A license may be transferred, but the transferee, including any executor,
administrator, or trustee in bankruptcy of the estate of the retailer shall not be
authorized to retail alcoholic beverages there under until the transferee shall have
filed with the City Clerk, under oath, an application therefore containing the same
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information required in an application for a license. If the transferee possesses the
qualifications and none of the disqualifications of a retailer as provided in this
Chapter, the license shall be endorsed over to the proposed transferee by said
licensee for the remainder of the period for which the license has been issued, and
the Clerk shall approve such transfer and amend the license to reflect the transfer.
A. Each such alcohol beverage license shall be accompanied with a transfer fee of
thirty three percent (33%) of annual license filing fees. Application to transfer
an alcohol beverage license from one authorized location to another shall be
made to the City Clerk on forms prescribed and furnished by the Clerk. Each
application for transfer of location shall be accompanied by a transfer fee of
Twenty -Five percent (25%) of annual license filing fees.
4.1.12 Consumption On and Off Premises
In order to hold a valid license for the retail sale of liquor, which includes wine by
the glass, a retailer must first hold a valid license for the retail sale of beer.
Retailers holding a valid liquor license may sell liquor by the glass and wine by the
glass, but only on the licensed premises. In order to sell wine by the glass without
holding a valid liquor license, a retailer must hold a valid beer license and a valid
license for the sale of wine by the glass. Retailers holding only off premise beer
and/or wine licenses may sell the beer and/or wine only in their original unbroken
containers. Wine sold by the glass for consumption on premises may be sold only
during the hours and on the days liquor by the glass may be sold pursuant to the
laws of this state. Wine sold for consumption off premises may be sold only during
the hours that beer may be sold pursuant to the laws of this state.
4.1.13 Misrepresentation of Age
A. No person under the age of twenty one (21) years may purchase, consume or
possess alcoholic beverages.
B. No person shall give, sell or deliver alcoholic beverages to any person under the
age of twenty one (21) years.
C. No person under the age of twenty one (21) years shall by any means
represent to any retailer of distributor or to any agent or employee of such
retailer or distributor that he or she is twenty one (21) years or more of age for
the purpose of inducing such retailer or distributor, or his or her agent or
employee, to sell, serve or dispense alcoholic beverages to such person.
D. No person shall, by any means, represent to any retailer or distributor or the
agent or employee of such retailer or distributor, that any other person is
twenty one (21) years or more of age, when in fact such person is under the
age of twenty one (21) years, for the purpose of inducing such retailer or
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distributor, or the agent or employee of such retailer or distributor, to sell,
serve or dispense alcoholic beverages to
4.1.14 Sale Prohibited
No liquor shall be sold, offered for sale or given away upon any licensed premises
during the following days and hours:
A. Christmas from two o'clock (2:00) A.M. to ten o'clock (10:00) A.M. of the
following day;
B. On any other day between two o'clock (2:00) A.M. and ten o'clock (10:00) A.M.
of said day;
C. On the day of any state, primary or general election prior to the closing of the
polls.
4.1.15 Revocation of License
The right shall be and remain at all times vested in the clerk and mayor and
council, and the clerk and mayor and council may, as hereinafter provided, revoke
or cancel any license for fraud or misrepresentation in its procurement, or for a
violation of any of the provisions of this chapter, or for any conduct or act of the
licensee or his employees or any conduct or act permitted by him or them on the
premises where such business is conducted, or in connection therewith or adjacent
thereto, tending to render such business or such premises where the same is
conducted as a public nuisance or a menace to the health, peace, safety or general
welfare of the city; provided, that revocation or suspension of the state license by
the commissioner of law enforcement shall be deemed prima facie evidence for
revocation or suspension of the license issued herein.
4.1.16 Police; Access to Premises
All police officers of the City, of Valley County, of the State of Idaho, or of the
United States 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 of the police force of
the City, County, State, or United States admittance to or access to such premises
for the purpose of police control, regulation and inspection of such premises.
4.1.17 Liquor Catering Permit
A. PURPOSE:
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The purpose of this section is to provide a procedure and guidelines for
obtaining an alcoholic beverage catering license pursuant to Idaho Code, Title
23 Chapter 9.
B. CATERING PERMITS REQUIRED; FEES:
1. It shall be unlawful for any person to serve and sell any alcoholic beverage
retail by the drink at a party or convention upon an unlicensed premises,
without first obtaining a catering permit issued by the City Clerk or their
designee pursuant to these provisions.
2. A filing fee in an amount established by the McCall City Council by
resolution for each day the permit is to be effective shall be paid to the
Clerk at the time of filing.
C. APPLICATION FOR PERMIT:
1. Any person holding an Idaho retail liquor license, retail beer or wine
license, or permit issued pursuant to Idaho Code §23-1007A may obtain an
application for a Catering Permit at the office of the City Clerk and fill out
the application completely where designated on the application. The
application must be executed by the applicant and filed with the Clerk not
less than three (3) days prior to the catering date(s) requested. Failure to
complete the required portions of the application may result in a denial of
the application.
2. Where an application is filed within three (3) days prior to the catering
date(s), the applicant may execute a waiver of procedural appeal rights in
order to allow for the consideration of the granting of a catering permit. A
waiver of procedural appeal rights is not a guarantee or promise that the
permit can or shall be processed or granted. The filing fee is not
refundable.
3. The application for permit shall provide the following information:
a. Name, address and phone number of the applicant;
b. The number of his/her Idaho State retail liquor license, Idaho State
retail beer or wine license, or permit issued pursuant to Idaho Code
§23-1007A, and the number of his/her County retail alcohol beverage
license;
c. A photocopy of the Idaho State retail liquor license, Idaho State retail
beer or wine license, or permit issued pursuant to Idaho Code §23-
1007A and a photocopy of the County alcohol beverage license, when
requested by the Clerk;
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d. Dates and hours requested during which the permit is to be effective,
not to exceed three (3) consecutive days;
e. The names of the organizations, groups, or persons sponsoring the
event; and the name of the applicant's designee who will be present at
the event;
f. The address at which the alcoholic beverages are to be served;
g. The number of anticipated people who will attend the party or event.
h. Signatures of the licensee, the Police Chief, and the (Deputy) City
Clerk.
4. Persons not qualified for Catering Permit:
No catering permit shall be issued to:
a. Any person who does not possess a valid Idaho State retail liquor
license, Idaho State retail beer or wine license, or a benevolent,
charitable, or public purpose permit from the State pursuant to Idaho
Code Title 23, Chapter 9, 10 or 13;
b. An individual who has been convicted of or received a withheld
judgment for any offense deemed a felony by the laws of the United
States, the State of Idaho, or any other state of the United States,
within the last five (5) years;
c. Any individual who has a judgment, conviction or determination for a
drug or alcohol related violation, whether criminal, civil or
administrative, in violation of the laws of the United States, the State
of Idaho, or any other state of the United States, or of the resolutions
or ordinances of any county or city of this state within the last three
(3) years;
d. An applicant who willfully files any false or misleading statement which
applicant knows to be or reasonably should have known to be false or
misleading in any part of said application or any subsequent report;
e. An applicant who is required to obtain a Special Event permit as
provided by McCall City Code and who has not obtained approval of
said permit;
f. Any application for catering permit for more than three (3) consecutive
days by Idaho Code as provided.
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D. APPLICATIONS REVIEWED:
1. The Clerk shall review the application for catering permit for completeness
and forward said application to the Police Chief;
2. Recommendation of the Police Chief:
a. The Police Chief upon receipt of the application shall make a
recommendation to the City Clerk to approve or deny the application.
1) The Police Chief may recommend approval of the catering permit
to promote and carry out the policies of the City.
2) The Police Chief may recommend denial of a catering permit to
protect the health, safety, welfare of the public, to prevent
unlawful disturbances, public nuisance or to promote and carry out
the policies of the City.
b. The Police Chief may recommend conditions, terms or a reduction in
the number of requested dates or times as determined reasonable to
carry out the policies of the City, which include protection of the
health, safety and welfare of the public, or to prevent an unlawful
disturbance or nuisance. Such conditions may include execution of an
indemnification agreement, posting of appropriate signs; and hiring at
applicant's expense additional bonded security personnel.
c. Where the Police Chief determines that due to the anticipated number
of participants, location or presence of minors requiring limitation of
the premises for enforcement purposes, he may recommend a beer
garden and its specifications be maintained as a condition of the
permit.
d. When the event is on City property the applicant shall be required to
maintain in full force and effect comprehensive general liability
insurance with liability limits of not less than Five Hundred Thousand
Dollars ($500,000.00) for the term of the applied for catering permit.
The insurance policy shall name the City of McCall as an "additional
named insured" and a copy of the insurance binder shall be filed with
the Clerk prior to the issuance of the said permit.
e. This insurance provision may be waived by City Clerk upon a showing
of good cause for doing so.
E. PERMITS ISSUED:
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1. The City Council has determined the City Clerk or designee shall be
delegated the authority to grant all catering permits where the Police Chief
recommends approval.
2. Except as otherwise provided, the City Clerk shall upon the advice and
recommendation of the Police Chief approve or deny the application and
indicate the determination on the face of the application by endorsement
signed by the Clerk on behalf of the City Council. All decisions of the Clerk
shall be reported to the City Council at the next regularly scheduled council
meeting after such decision. Any person aggrieved by the Clerk's decision
may appeal the same to the city council by filing notice of appeal with the
City Clerk within ten (10) days of his/her decision.
3. Copies of the application with signed endorsements thereon shall be mailed
or delivered immediately to the Police Chief. The Clerk shall mail or deliver
a copy of the signed original to the applicant.
4. An application approved in this manner shall constitute a permit, unless
disapproved by the Director of the Department of Law Enforcement by
notice served upon the applicant for the retail sale by the drink, of liquor,
beer and wine for the period authorized by the permit. The Director of the
Department of Law Enforcement shall immediately notify the Police Chief in
the event of disapproval.
5. Any catering permit shall be valid under the conditions and terms approved
by City Council and only within the City of McCall, State of Idaho, and is
not transferable.
F. PERMIT DISPLAY, REQUIRED:
The applicant or the applicant's designee is required to carry, display or post
the original catering permit issued and must be personally present at the
approved catering premises at all times during the life of the catering permit.
G. GROUNDS FOR REVOCATION:
The City Clerk, the Mayor and City Council or the Police Chief may revoke a
catering permit when, subsequent to the approval of the permit, it is
determined that the applicant did not meet the requirements set forth in this
Section.
H. PROCEDURE FOR DENIAL, REVOCATION AND APPEAL:
Except as otherwise provided herein this Section, the procedures for denial,
revocation and appeal, shall be followed.
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I. EXIGENT CIRCUMSTANCES FOR REVOCATION:
Where there exists a clear endangerment to the health, safety and welfare of
the public resulting from the use of the permit, or where the applicant or
his/her agents fail to perform in conformance with the conditions and terms set
forth on the permit, the City Council, the City Clerk, or the Police Chief may
revoke the catering permit issued under the provisions of this Section by
immediately demanding and seizing the permit from the applicant or co -
applicant.
Upon receipt of the revoked permit, or where the permit cannot be seized due
to unavailability of the applicant, or where the applicant or co -applicant refuses
to surrender said permit, the Chief of Police may direct the seizure of all
alcoholic beverages and remove the same and keep the same as evidence, and
upon conviction of the person for violation of the provisions hereof, the said
liquor and all packages, or receptacles containing the same, shall be forfeited
to the State of Idaho.
J. VIOLATIONS:
In addition to the Regulations stated in title 4 chapter 1 section 7 of this code,
the following violations apply to Catering Permits:
1. A person failing to obtain, display or surrender a catering permit as
provided in this Section shall be guilty of an infraction for a first time
offense.
2. A person holding a catering permit, or any person employed or acting on
the behalf of the person holding a catering permit, who willfully endangers
the health, safety, public welfare by permitting, allowing, or failing to
correct, conduct in violation of the conditions or terms of a catering permit
is guilty of an infraction for a first time offense.
3. Any person holding a catering permit or any person acting on behalf of that
person, who permits, allows or invites another person under twenty-one
(21) years of age into a beer garden is guilty of an infraction for a first
time offense.
4. All beverages, whether alcoholic or not, served and sold in a public place or
an outdoor private place open to the public, shall be served and sold in
containers made of paper or plastic. Any person who shall use, carry, or
be in possession of any beverage container made of glass in violation of
this Section shall be guilty of an infraction for a first time offense.
5. A violation of any of the provisions of this Section by any agent, employee,
servant, or other person on behalf of the person holding the catering
Chapter 1, Alcoholic Beverages Page 1-15
City of McCall October 26, 2006
Title 4, Business Regulations, City of McCaII
permit, shall be presumed a violation by the person holding the catering
permit.
4.1.18 Open Containers at Catered Events
By Resolution, the City Clerk with the concurrence of the police department may
authorize the possession of an open container of an alcoholic beverage (as defined
in subsection 5-5-030 (F) of this code), and suspend the effect of subsection 5-5-
030(F) of this code, for a specified temporary period, upon specified portions of the
public streets, ways, parks or places:
A. Upon condition that a catering permit or a permit under title 23 of the Idaho
Code has been issued or be obtained for the same time and place:
B. Upon finding such temporary and limited suspension would be in the public
interest and would further McCall's economic well being or development: and
C. Upon providing the City Clerk with a certificate of insurance showing that the
city is an additional insured on a liquor liability policy with a combined single
limit in an amount satisfactory to the city clerk.
4.1.19 Penalty
A. Any person violating any of the provisions of this Chapter declared an infraction
shall be assessed a fixed penalty of One Hundred Dollars ($100.00) excluding
court costs and fees. An infraction is a civil public offense, not constituting a
crime, which is punishable only by a penalty not exceeding One Hundred
Dollars ($100.00) and for which no period of incarceration may be imposed.
There is no right to a trial by jury for a citation or complaint for an infraction
and such trials shall be held before the court without a jury. A second and any
subsequent conviction for the same violation of the provisions of this Chapter
within five (5) years shall constitute a misdemeanor, punishable by a fine not
exceeding Three Hundred Dollars ($300.00), or by imprisonment in the county
jail not exceeding six (6) months, or both. A separate offense shall be deemed
committed on each day during or which a violation occurs or continues.
B. Any person violating any of the provisions of this Chapter declared a
misdemeanor shall be deemed guilty of a misdemeanor and upon conviction
thereof can be fined in an amount not exceeding Three Hundred Dollars
($300.00), or be imprisoned for a period not exceeding six (6) months or be
both so fined and imprisoned.
4.1.20 Separability
Page 1-16 Chapter 1, Alcoholic Beverages
October 26, 2006 City of McCall
Title 4, Business Regulations, City of McCall
If any clause, sentence, paragraph, section, or any part of this act, shall be
declared and adjudged to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect, invalidate, or
nullify the remainder of this Section.
Section 3: That this Ordinance, or a summary thereof in compliance with
Section 50-901A, Idaho Code, shall be published once in the official newspaper of
the City, and shall take effect and be in force immediately upon its passage,
approval, and publication.
PASSED BY THE COUNCIL OF THE CITY OF MCCALL, IDAHO, THIS 26TH DAY OF
OCTOBER, 2006.
APPROVED BY THE MAYOR OF THE CITY OF MCCALL, IDAHO, THIS 26TH DAY OF
OCTOBER 2006.
Approved:
i
By: 1
William A. Robertson, Mayor
ATTEST:
•
Joann E. York, City
(S E A L)
Chapter 1, Alcoholic Beverages Page 1-17
City of McCall October 26, 2006
A SUMMARY OF ORDINANCE NO. 829
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, IDAHO REPEALING CHAPTERS 1, 2, 8,
AND 9 OF TITLE 4 BUSINESS REGULATIONS OF THE MCCALL CITY CODE AND RE-
ENACTING SAID CHAPTER 1 OF TITLE 4 BUSINESS REGULATIONS.
The principal provisions of the ordinance are:
This Ordinance repeals Chapters 1, 2, 8 and 9 of Title 4, Business Regulations of
the McCall City Code, and enacts new provisions in a new Chapter 1 of Title 4. The
repealed chapters regulated beer, liquor, wine, and wine by the drink, including
how licenses were applied for, processed and issued. The new provisions
consolidate all of the previous alcoholic beverage licensing codes into one chapter,
update codes to match state law, change the annual date for expiration of licenses,
and improve procedures by allowing the City Clerk, or his or her designee, to issue
licenses directly without City Council approval as permitted by state law.
The Ordinance shall be effective upon publication of this Summary.
The full text of the Ordinance is available for review at City Hall and will be provided
by the City Clerk to any citizen upon personal request. The full text is also
available online at www.mccall.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 26th DAY OF
October, 2006.
Approved:
By:
Attest:
By:
JoannE. York, City derk
William A. Robertson, Mayor
City of McCall
Certificate of Recording Officer
STATE OF IDAHO }
}
County of Valley }
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall,
Idaho, do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep
a correct journal of the proceedings of the Council of the City of
McCall, Idaho, and that I am statutory custodian of all laws, ordinances
and resolutions of said City.
2. That the attached Ordinance No. 829 is a true and correct copy of an
ordinance passed at a regular meeting of the Council of the City of
McCaII held on October 26th, 2006 and duly recorded in my office; and
3. That said regular meeting was duly convened and held in all respects
in accordance with law and to the extent required by law, due and
proper notice of such meeting and that a legally sufficient number of
members of the Council voted in the proper manner and for the
passage of said ordinance; and that all other requirements and
proceedings incident to the proper adoption and passage of said
ordinance have been duly fulfilled, carried out and observed; and that I
am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of McCall, Idaho this J-c, *� day of 0 etc.' e : 2006.
Joanne York, City Clerk
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