A. Definitions: For the purposes of this section, the following words and terms shall have the following meanings:
BEER: Any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and/or other ingredients in drinkable water.
RETAILER: Any individual, firm, copartnership, association, corporation, group or combination acting as a unit engaged in the sale or distribution of beer and/or wine to the consumer.
WINE: Table wines not containing more than fourteen percent (14%) alcohol by volume.
B. Application For License: Before any retailer shall sell beer or wine within the city limits under the provisions of this section, he shall first make application therefor in writing to the city clerk-treasurer and city council on a form prepared and furnished by the clerk-treasurer and pay the license fee hereinafter prescribed to the clerk- treasurer, which application shall state the proposed location of the applicant's place of business. Any person making application for license shall first exhibit to the clerk-treasurer his license secured from the state of Idaho and license from the county to sell beer and/or wine upon the premises described in his application.
C. Ineligibility For License: No license shall be granted to the following persons:
1. A person who has not been continuously a resident of the city for at least six (6) months at the time of his application.
2. A person under twenty one (21) years of age.
3. A person having been convicted of a felony within the previous five (5) years.
4. Any person to sell for consumption upon the premises where sold within four hundred feet (400'), measured on street lines of any block within the city limits, in which a public school building is located. (Ord. 283, 10-8-1991)
D. License Fee: The license fee to sell beer or wine shall be as established by resolution of the city council. (Ord. 450, 12-23-2008; amd. 2015 Code)
E. Posting License: All licenses shall be posted in a conspicuous place on the premises and kept posted for the full period of time for which the license is issued or until the same shall be revoked as hereinafter provided.
F. Nontransferability Of License: No license shall be assigned or transferred and no power of attorney issued over a license without the written consent and approval of the City Council.
G. Responsibility For Patrons Leaving With Open Container: Any licensee, owner or employee shall be held responsible for knowingly allowing any open container to leave the premises of said licensee. (Ord. 283, 10-8-1991)
H. Revocation, Cancellation Or Suspension Of License: The right shall be and remain at all times vested in the City Council to revoke and cancel any license issued under the provisions of this section for fraud and misrepresentation in its procurement or for any violations of the provisions of this section or any laws of the State of Idaho or the United States of America or any conduct or act of a licensee or his employees or any conduct or act permitted by him or them on the premises where beer and/or wine is sold or in connection therewith or adjacent thereto tending to render said premises a public nuisance or a menace to the health, peace, safety or general welfare of the City. It is further provided, that any license issued hereunder shall be automatically canceled or suspended in case the license issued by the State of Idaho or the County is canceled or suspended. The license may be revoked upon the licensee or any employee knowingly allowing any open container to leave the premises. (Ord. 283, 10-8-1991; amd. 2015 Code)
I. Violation; Penalty: Any violation of the provisions of this section is a misdemeanor and is punishable as such. (Ord. 283, 10-8-1991)