ORDINANCE NO. 923
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING TITLE 3 “BUSINESS AND LICENSE REGULATIONS”, CHAPTER 2A “BEER REGULATIONS”, SECTION 1 “DEFINITIONS”, TITLE 3 “BUSINESS AND LICENSE REGULATIONS”, CHAPTER 2A “BEER REGULATIONS”, SECTION 5(B) “LICENSE FEE, TERMS”, TITLE 3 “BUSINESS AND LICENSE REGULATIONS”, CHAPTER 2A “BEER REGULATIONS”, SECTION 6(A) “CONDITIONS OF LICENSE”, TITLE 3 “BUSINESS LICENSE AND REGULATIONS”, CHAPTER 2B “WINE REGULATIONS”, SECTION 3(B) “LICENSE FEE, TERM”, TITLE 3 “BUSINESS AND LICENSE REGULATIONS”, CHAPTER 2C “LIQUOR BY THE DRINK”, SECTION 1 “DEFINITIONS”, TITLE 3 “BUSINESS AND LICENSE REGULATIONS”, CHAPTER 2C “LIQUOR BY THE DRINK”, SECTION 6 “LICENSE FEE, TERMS”, AND TITLE 3 “BUSINESS AND LICENSE REGULATIONS”, CHAPTER 2D “OPEN CONTAINTERS IN PUBLIC”, SECTION 1 “DEFINITIONS”; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle is a municipal corporation operating under the laws of the state of Idaho; and
WHEREAS, Idaho Code, Title 23 authorizes cities to regulate by ordinance the issuance or denial of alcoholic beverage licenses and permits;
WHEREAS, the Mayor and City Council of the City of Eagle deem it to be in the public interest to amend its Ordinance governing the issuance of said licenses and permits.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho;
Section 1:
That the Eagle City Code 3-2A-1 be and is hereby amended, in part, to read as follows with underline text to be added and strike-through text to be deleted:
PREMISES: The building and contiguous improved property owned, leased, or used by a licensee as part of the licensee's business establishment in the business of selling beer at retail. or in conjunction with a validly issued off-premises catering permit.
Section 2:
That the Eagle City Code 3-2A-5(B) is hereby amended in part, to read as follows with underline text to be added and strike-through text to be deleted:
B. Where such retailer sells for consumption draft beer and/or bottled or canned beer on the premises or off premises pursuant to a validly issued catering permit,.Tthe annual license fee shall be two hundred dollars ($200.00) a year. The annual license fee shall be prorated to reflect the actual months of issuance.
Section 3: That the Eagle City Code 3-2A-6(A) is hereby amended in part, to read as follows with underline text to be added and strike-through text to be deleted:
A. Premises Restrictions: A retailer licensed under the provisions of this article shall sell beer only upon the premises described in the license application and approved by the city council. or as otherwise authorized in conjunction with a validly issued catering permit. The retailer's city license to sell beer at retail shall be posted in a conspicuous place upon such premises during the period of time for which the license is issued. A licensed retailer seeking to change premises shall make application to the city clerk in accordance with the provisions of section 3-2A-3 of this article.
Section 4:
That the Eagle City Code 3-2B-3(B) is hereby amended in part, to read as follows with underline text to be added and strike-through text to be deleted:
B. Where such person sells wine by the individual glass or opened bottle at retail, for consumption on the premises or off premises. pursuant to a validly issued catering permit, Tthe annual license fee shall be two hundred dollars ($200.00) a year. The annual license fee shall be prorated to reflect the actual months of issuance.
Section 5:
That the Eagle City Code 3-2C-1 is hereby amended in part, to read as follows with underline text to be added and strike-through text to be deleted:
SPECIAL COMMUNITY EVENT: An event conducted on public property, or private property open to the public, including: streets, beaches, parks, community centers, parking lots and waterways, for the purpose of conducting certain short term events such as art shows, music concerts, fundraising events, sidewalk sales, amusement attractions, circuses, carnivals, rodeos, swap meets, and sporting events including, but not limited to, organized float trips, contests, street dances, tournaments, walk-a-thons, marathons, races, exhibitions, craft/art shows or related activities. A small community event has an estimated number of attendees of fifty to one hundred (50 - 100). A medium community event has an estimated number of attendees of one hundred one to nine hundred ninety nine (101 - 999). A large community event has an estimated number of attendees exceeding one thousand (1,000).
Section 6:
That the Eagle City Code 3-2C-6 is hereby amended in part, to read as follows with underline text to be added and strike-through text to be deleted:
Each licensee shall pay a license fee in advance in the amount of five hundred sixty two dollars fifty cents ($562.50) for the sale of liquor to be consumed on premises only where sold. Wine for consumption on and off the premise is included. Tthe license which is effective from July 1 through June 30 of the following year. If the license is issued for less than a full twelve (12) month period, the license fee shall be prorated as of the month of actual issuance, but shall not be less than one-fourth (1/4) of the annual fee.
Section 7:
That the Eagle City Code 3-2D-1 is hereby amended in part, to read as follows with underline text to be added and strike-through text to be deleted:
SPECIAL COMMUNITY EVENT: An event conducted on public property, or private property open to the public, including: streets, beaches, parks, community centers, parking lots and waterways, for the purpose of conducting certain short term events such as art shows, music concerts, fundraising events, sidewalk sales, amusement attractions, circuses, carnivals, rodeos, swap meets, and sporting events including, but not limited to, organized float trips, contests, street dances, tournaments, walk-a-thons, marathons, races, exhibitions, craft/art shows or related activities. A small community event has an estimated number of attendees of fifty to one hundred (50 - 100). A medium community event has an estimated number of attendees of one hundred one to nine hundred ninety nine (101 - 999). A large community event has an estimated number of attendees exceeding one thousand (1,000).
Section 8:
This ordinance or summary thereof in compliance with Idaho Code § 50-901A, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval and publication.
Adopted by the Eagle City Council, Eagle, Idaho, on this 23 day of April 2024.
CITY OF EAGLE, IDAHO
Ada County, Idaho
Brad Pike
Mayor
ATTEST:
Tracy E. Osborn
City Clerk