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For the purposes of this chapter, the following terms, phrases, words, and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in chapter 1, article A of this title, shall have their plain, ordinary, and common meaning. Words in any gender shall apply to the feminine, masculine, and neuter genders.
ALCOHOL (OR "ALCOHOLIC BEVERAGE"): | 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. |
ALCOHOL LICENSE: | A permit issued by a licensing agency such as the Alcohol Beverage Control division of the Idaho State Police, Ada County, or the City of Boise, under which it shall be lawful for the licensee to sell and dispense alcohol at retail, as provided by law. |
APPLICANT: | An owner of a business, which holds current and valid alcohol licenses (issued by the State, County, and City) and which is located within the proposed festival block area that submits an application to the City Clerk's Office for a festival block designation. |
CATERING PERMIT: | A permit issued by the City Council under title 3, chapter 17 of this Code, to serve and sell alcoholic beverages, which is valid for no more than two (2) consecutive days for parties, or five (5) consecutive days, with an option to request one extension for festivals or conventions. Said permits, however, may be designated for less time, and requests for extension may be denied at the sole and absolute discretion of the City Council. |
CITY CLERK: | The City Clerk for the city of Boise City, Idaho, or designee. |
CITY COUNCIL: | The City Council for the city of Boise City, Idaho. |
COUNTY: | The county of Ada, Idaho. |
FESTIVAL BLOCK: | A public place or portion of a public place that the City Council has designated for the temporary implementation of open container zones within the designated place during permitted special events and with the specific permission and conditions of the Special Events Team. |
FIRE CHIEF: | The Fire Chief for the city of Boise City, Idaho, or designee. |
FIRE DEPARTMENT: | The Boise City Fire Department. |
POLICE CHIEF: | The Chief of Police for the city of Boise City, Idaho, or designee. |
POLICE DEPARTMENT: | The Boise City Police Department. |
PREMISES: | The business building or grounds on which the service and sale of any alcoholic beverage are authorized under the City and State Code. |
PUBLIC RIGHT-OF-WAY: | For the limited purposes of this chapter, any public street, roadway, highway (including shoulders, berms, and median strips), alley, plaza, sidewalk, or other publicly owned property within the City's boundaries. |
SPECIAL EVENT: | A planned gathering or series of gatherings that require a special event permit as set forth under Boise City Code title 3, chapter 17. |
SPECIAL EVENT PERMIT: | A permit issued by the SET to conduct a special event upon public or private property within the City. |
SPECIAL EVENTS TEAM (OR "SET" ): | The committee delegated responsibility to review each application for a special event permit as set forth in Boise City Code title 3, chapter 17. |
STAKEHOLDER BUSINESS: | Any business located within the boundaries of a festival block. |
STATE: | The state of Idaho. (Ord. 13-22, 3-29-2022) |
A. Request for Designation: Only an applicant, as defined in this chapter, may request that an area be granted festival block designation by the City Council. The City Clerk shall review the applicant's request and application for conformance with festival block standards. The City Clerk may deny a request for a festival block designation if the proposed site does not meet standards and regulations.
B. Application Process: The applicant requesting a festival block designation shall provide a true, valid, and complete application to the City Clerk.
C. Review Of Complete Application Recommendations: The City Clerk shall initially review the application for completeness and forward it to the Police and the Fire Chiefs for their recommendations.
D. Recommendations: The Police and Fire Chiefs shall provide the City Clerk in writing their recommendations whether to approve or deny the application and the facts and reasoning supporting their recommendations. The Police and Fire chiefs may recommend special conditions to be placed upon the festival block designation to protect the public's health, safety, and welfare, prevent unlawful disturbances or nuisances, and allow for emergency personnel access to the area. Recommended special conditions may include but are not limited to restrictions on the size or layout of the designated festival block site.
E. Application Investigation: The City Clerk shall investigate the required factors and standards for the proposed festival block site.
F. City Clerk's Denial Of Application: The City Clerk may deny an application for festival block designation for any of the following reasons:
1. The application is incomplete or inaccurate;
2. The application fee is not submitted with the application;
3. The Police Chief and Fire Chief do not recommend granting of the designation either absolutely or conditionally;
4. The commercial or residential premises within the proposed festival block have a history of alcohol license violations or criminal violations;
5. The proposed festival block site does not meet the factors and standards as set forth within section 3-19-8 of this chapter; or
6. Less than seventy five percent (75%) of the stakeholder businesses support the designation of the proposed festival block.
G. Public Hearing: The City Clerk's Office shall conduct a public hearing concerning any proposed festival block that the City Clerk has determined meets the initial designation factors, standards, and application requirements. The public hearing shall be held only after notice is published in the City's newspaper of record as set forth in 1-5-1 of this Code and written notification has been distributed to all the properties within three hundred feet (300') of the affected area at least fourteen (14) days prior to the date set for the hearing.
H. Recommendation To City Council: After conducting its investigation and public hearing, gathering other public input, and reviewing the application and recommendations by the Police and Fire Chiefs, the City Clerk may submit a written recommendation to the City Council regarding the designation of the proposed festival block. The written recommendation shall include the facts and reasoning the City Clerk relied upon to make their recommendation.
I. Action By City Council: The City Council may approve or deny the City Clerk's recommendation for a proposed area to be granted a festival block designation. The City Council may impose special conditions or terms on a designated festival block.
J. Determinations: The City Clerk shall determine the following for all designated festival blocks:
1. The geographical parameters of the festival block, which the Clerk's Office shall keep and maintain a copy thereof for the public to review upon request;
2. The design and proper posting requirements for all the festival block perimeter signs; and
3. The specific requirements for a special event application within a designated festival block to opt into an open container zone during such an event.
K. Appeal: Festival block designation applications denied by the City Clerk may request an appeal review of the denial following the review procedure set forth in section 3-19-14 of this chapter. (Ord. 13-22, 3-29-2022)
A. Manner, Form: Application for a festival block designation shall be made to the City Clerk's Office in such form and manner as may be prescribed.
B. Included Information: In addition to the application requirements set forth in chapter 1, article A of this title, the written application for a festival block designation shall include, at minimum, the following information:
1. The name, address, phone number, and email address of the applicant;
2. The name and physical address of the applicant's business located within the proposed festival block site;
3. The name, address, phone number, and email address of all stakeholder businesses within the proposed festival block;
4. A list of all the remaining addresses within the proposed festival block and a description of the use at each address (e.g., residential, non-profit, governmental, etc.);
5. Copies of the applicant's current and valid alcohol licenses issued by the State of Idaho, Ada County, and City for the applicant's business located within the proposed festival block;
6. A map depicting the physical parameters of the proposed festival block and a written description of the same;
7. A detailed statement of whether the applicant has had any actions against its business's alcohol licenses within the past five (5) years taken by the State, a county, or a city;
8. A list of all the other businesses within the proposed festival block that also hold alcohol licenses;
9. Signed letters of support for festival block designation from the stakeholder business owners;
10. Signed letters of support for festival block designation from non-commercial properties (e.g., residential, non-profit, governmental, etc.) located within the proposed site, if any; and
11. Any other relevant information required by Code or the City Clerk's Office.
C. Investigation: Upon receipt of an application for a festival block designation, the City Clerk's Office shall investigate whether the applicant is qualified to request such designation and the proposed area meets the standards of a festival block site.
D. Change In Information: Every applicant must notify the City Clerk's Office in writing within ten (10) business days of any material change in the information contained in the application for a festival block designation including, but not limited to, change of name, address, telephone number, and email address.
E. Nonrefundable License Fee: Every application for a festival block designation shall be accompanied by a nonrefundable license fee in an amount established by the City Council and listed on the most current fine and fee schedule.
F. Timing: In addition to all of the festival block application requirements listed above, all designation applications must be completed and submitted at least sixty (60) business days prior to the proposed commencement of operation as a festival block.
G. Designation Conditions: Festival block designation will contain standard conditions and may contain special conditions to protect the public's health and safety and the right to equal access to public property for normal pedestrian access. The City Clerk may deny, suspend, or revoke any festival block designation that the City Clerk determines at any time has violated these conditions, or cannot meet the conditions. (Ord. 13-22, 3-29-2022)
A. Designation Factors: The following factors are used to evaluate all applications for the festival block designation:
1. The geographic size, layout, and location of the proposed festival block site;
2. The nature and usage of the public rights-of-way affected by the proposed festival block;
3. The types of buildings within the proposed festival block and their respective uses;
4. The number of residential premises located within the proposed festival block site;
5. The nature of all commercial or other non-residential premises on the proposed festival block site;
6. The number and nature of businesses within the proposed festival block site that are licensed premises for the sale, consumption, distribution, or production of alcohol;
7. The number of stakeholder businesses that support the proposed festival block designation;
8. Any past actions against any of the alcohol licenses for the businesses located within the proposed festival block site;
9. Any history of City code or criminal complaints and citations occurring within the proposed festival block site; and
10. Any letters or public hearing testimony in support of or against the proposed festival block site.
B. Designation Standards: The City will weigh each factor to determine if the proposed festival block site is appropriate for the location, and whether such designations would negatively impact the vehicular and pedestrian traffic, the right of use and enjoyment of the site by residential property tenants, businesses, or other properties within the proposed festival block site. (Ord. 13-22, 3-29-2022)
A. Authority to Regulate: The City Clerk has the authority to regulate all designated festival blocks to maintain the integrity of such affected areas.
B. No Property Interest Granted: Designation as a festival block and the related use of the public right-of-way shall be considered temporary and revocable. In no way does the designation of a festival block create or confer any property interest or entitlement to the granting or continuation of any such designation. (Ord. 13-22, 3-29-2022)
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