A. Definitions: For purposes of this section, the following definitions shall apply:
MEAL: A heated food served at a restaurant that was cooked or prepared at the "restaurant" as defined in this subsection.
RESTAURANT: The term restaurant, as defined by Idaho Code section 23-942(c), is further defined as an establishment maintained, advertised and held out to the public as primarily a food eating establishment, where individually priced meals are prepared and regularly served to the public, for on premises consumption. The establishment must also have a dining room or rooms, kitchen and cooking facilities for the preparation of food, and the number, and type of employees normally used in the preparing, cooking and serving of meals. Primarily as defined for the purposes of IDAPA 11.05.01.010, also includes that the licensee must show to law enforcement personnel, when requested, the following:
1. An established menu identifying the individually priced meals for consumption;
2. That food service and preparation occurs on the premises by establishment employees;
3. That stoves, ovens, refrigeration equipment or such other equipment usually and normally found in restaurants are located on the premises of the establishment;
4. The licensee must demonstrate to the satisfaction of law enforcement personnel, through appropriate business records, that the establishment is advertised and held out to the public as primarily a food eating establishment, or that at least forty percent (40%) of the establishment's consumable purchases are derived from purchases of food and nonalcoholic beverages. (Ord. 2092, 3-16-2010, eff. 3-16-2010)
B. Restricted Hours Of Sale: It shall be unlawful and a misdemeanor for any person in any place licensed to sell beer, wine or liquor, whether conducted for pleasure or profit, to sell, dispense or give away beer, wine or liquor for consumption on the premises, or off the premises, or to permit the consumption of such on the premises during the following hours:
1. All days of the week from two o'clock (2:00) A.M. to seven o'clock (7:00) A.M. (Ord. 2161, 12-5-2017)
C. Time Limit After Service: Any patron present on the licensed premises after the sale of beer, wine or liquor has stopped as provided in subsection B of this section, shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverage already served. (Ord. 2092, 3-16-2010, eff. 3-16-2010)