A. Definitions:
BEER: Shall be defined as provided in Idaho Code title 23, chapter 10, as amended from time to time.
RETAILER: Any person engaged in the sale or distribution of beer to the consumer.
B. License Required: It is unlawful for any person to sell beer without first obtaining a proper license.
C. Application For License:
1. Application for the retail sale of beer shall be made and filed with the City Clerk in such form and manner as provided herein. The application shall provide for the name of the applicant, the location of the proposed business, the information required to show that the applicant meets the qualifications required by this chapter, and such other information as may be prescribed and required by the Governing Body. At the time the application is filed, the applicant shall also present a copy of a license to sell beer obtained from the County.
2. The authority for final approval of the application is delegated to the City Clerk, subject to appeal of the Clerk's decision to the City Council.
3. Licenses will be for a period of no longer than one year and shall expire at two o'clock (2:00) A.M. on the first day of the renewal month for a State license as determined by the Director of Idaho State Police.
D. Qualifications: No retail license shall be issued to any applicant who is not qualified under Idaho Code title 23, chapter 10, as the same may be amended from time to time.
E. Fee For License: The fee for a license for the sale of beer shall be established by resolution of the City Council, and shall be consistent with the limitations provided in Idaho Code title 23, chapter 10, as amended from time to time.
F. Revocation Of License:
1. The City Council shall retain the right at all times to revoke and cancel any license.
2. If any licensee or employee of a business licensed to sell beer by the drink violates any of the provisions of this chapter or is convicted of violation of any of the provisions of the laws of the State relating to the sale of alcoholic beverages, the City Council is authorized to revoke the license issued to the licensee; provided, however, that in the event it is brought to the attention of the City Council that a violation has taken place, before revoking such license, the City Council shall cause notice to be served upon the licensee, setting forth in general terms the violation or violations claimed to have been committed, and such notice shall provide a time for hearing thereon by the City Council, which date of hearing shall not be less than five (5) days nor more than ten (10) days from the date of the service of the notice, and upon or following the hearing, the City Council, if they shall find that the provisions of this chapter or the provisions of the laws of the State have been violated, shall revoke such license theretofore issued, and no refund of any unused portion of the license fee shall be made to the licensee.
3. A revocation by the State or the County of any license to sell any alcoholic beverages shall automatically revoke the license issued by the City.
4. Failure to comply with any City ordinance or State law relating to the manner of operation of the business, including, but not limited to, violation of noise restrictions or zoning regulations, or operation of the business in such a manner that it constitutes a public nuisance, or the behavior of the patrons of the business is a violation of State or local regulations or constitutes criminal behavior and that criminal behavior is attributable to the alcohol consumed on the premises. Prior to revocation of the licensed premises the licensee shall be provided notice and an opportunity to be heard by the City Council in the same manner as set forth above.
G. Restrictions:
1. It is unlawful to sell or dispense beer to be consumed on the premises at any times other than those allowed in Idaho Code title 23, chapter 10, as amended from time to time, except that the time restrictions shall be extended from one o'clock (1:00) A.M. to two o'clock (2:00) A.M.
2. No license shall be issued for the sale of beer upon premises in locations where such sale is prohibited by Idaho Code title 23, chapter 10, as amended from time to time.
3. No persons shall sell beer to be consumed on the premises within three hundred feet (300') of any Residential Zoning District except when such sale is incidental to the operation of an eating establishment or the premises fronts a street with a functional classification of principal arterial or minor arterial designation in the Hayden transportation plan and the primary customer entrance to the premises does not face the Residential Zoning District. For the purpose of this section an "eating establishment" shall be defined as a restaurant, cafe, hotel, dining room, coffee shop, cafeteria or other eating establishment that utilizes at least seventy five percent (75%) of gross floor area for the preparation, cooking and serving of complete meals, has an actively operated commercial kitchen that includes a type 1 commercial hood and cooking equipment, excluding micro-wave ovens and grills, capable of cooking complete meals and be open to the public. The eating establishment must be maintained and advertised as a place where complete meals are served and where complete meals are actually and regularly served. Limited food service, such as is provided by luncheonettes, drive-ins, sandwich shops and other similar uses does not meet the requirements of this subsection.
a. Businesses which now lawfully sell beer within the prohibited area set forth in this section are exempt from the provisions of this section so long as they continue their operation. However, in the event such businesses seek to expand beyond their existing floor space, they must comply with all requirements set forth in this chapter, including, but not limited to, this section.
b. Should any such exempt business discontinue its operation for a period of six (6) months, it will no longer be exempt from the restrictions of this chapter.
c. In the case of applicants for new licenses, the applicant shall sign an affidavit of their intent to commence the operation of their eating establishment and continue its operation as a bona fide eating establishment meeting the requirements of this chapter.
H. Regulations: It is unlawful for any person to sell beer to any person to whom the sale of the same is prohibited by the laws of the State. Any violation of this section shall constitute a misdemeanor. Any such sale by any person licensed to sell or a person working at a business licensed to sell one or more beverages shall be considered cause for cancellation of such license or licenses as such person may be issued.
I. Renewal Of License:
1. Application for renewal of a license to sell beer shall be on the same form as the application for the initial license.
2. If all of the information provided by the licensee is the same in the application for renewal as was provided in the initial application, renewal of the license may be issued by the City Clerk.
J. Appeal Of City Clerk Decision:
1. An applicant wishing to appeal the City Clerk's decision to deny a license, transfer or renewal of a license to the City Council must submit the appeal in writing to the City Clerk within ten (10) business days of the denial. The appeal must set forth the factual basis on which the applicant asserts that the denial was in error.
2. The appeal will be scheduled for the City Council at their next available regular Council meeting. (Ord. 592, 4-9-2019)