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A. State License: It shall be unlawful for any person to sell beer, wine at retail or by the drink, or liquor by the drink within the boundaries of Bingham County without having first procured a license for the sale of the same from the Idaho State Police Alcohol Beverage Control.
B. County License: It shall be unlawful for any person to sell beer, wine at retail or by the drink or liquor by the drink within the boundaries of Bingham County until a license is granted by the Board of County Commissioners as provided by this chapter.
C. Display Of License: The license shall be displayed in a prominent and conspicuous place within the establishment. (2018 Code)
A. Filing Of Application: Application for license shall be in writing, signed and sworn to by the applicant upon forms furnished by the County Clerk and accompanied by the license issued by the Idaho State Police Alcohol Beverage Control for the premises and for the time which the application is made, which license shall be returned to the applicant after examination by the Board of County Commissioners.
B. Qualifications Of Applicant: The applicant for any license shall possess all of the qualifications necessary to obtain that license from the Idaho State Police Alcohol Beverage Control, as prescribed by Idaho Code title 23 and the State IDAPA Rules. (2018 Code)
A. Fees Imposed: License fees, to be collected by the County Clerk at the time of application, shall be set by resolution, as amended from time to time, by the Bingham County Commissioners for the following:
1. Beer:
a. For retail beer, where bottle or canned beer is sold only in closed containers, with no consumption on the premises where sold, twenty five dollars ($25.00) per year.
b. For beer by the drink, where bottle or canned beer is sold, for consumption on the premises where sold, seventy five dollars ($75.00) per year.
c. For beer by the drink, where draught, bottle or canned beer is sold, for consumption on the premises where sold, one hundred dollars ($100.00) per year.
2. Liquor By The Drink 1 : For liquor by the drink, the fee shall be twenty five percent (25%) of the amount of the license fee collected by the Idaho State Police Alcohol Beverage Control pursuant to the provisions of Idaho Code title 23, chapter 9.
3. Wine:
a. For wine by the drink, for consumption on the premises, one hundred dollars ($100.00) per year.
b. For retail wine, where wine is sold only in closed containers, with no consumption on the premises where sold, one hundred dollars ($100.00) per year.
B. Prorating Fees: If a license is issued prior to July 1 of the year in which issued, the applicant shall pay the full annual license fee. If a license is issued on or after July 1 of the year in which issued, the applicant shall pay one-half (1/2) of the annual license fee. (2018 Code)
Notes
1 | 1. IC § 23-916. |
The Board of County Commissioners shall duly consider and evaluate all new applications and renewal applications for a license to sell or dispense beer, wine at retail or by the drink, or liquor by the drink, and after so evaluating, shall determine to grant or deny each application in accordance with the provisions of this chapter. If the Board of County Commissioners so order, the County 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. Separate beer by the drink, retail beer, retail wine, wine by the drink, and liquor by the drink licenses shall be required for each premises, except that retailers holding valid licenses for the sale of liquor by the drink may sell wine for consumption on the licensed premises. (2018 Code)
All licenses issued pursuant to the provisions of this chapter shall expire at one o'clock (1:00) A.M. October 31 of the year following the year in which the license is issued. Renewal of the license shall be on forms prescribed and furnished by the County Clerk. Renewal forms shall be submitted together with the required license fee and an affidavit verifying that the information contained in the original application is unchanged, or if there are material changes, indicating such changes. Any licensee holding a valid license who fails to file an application for renewal of his/her current license shall not be permitted to sell and dispense alcohol at retail until the license is renewed. (2018 Code)
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