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Heyburn Overview
Heyburn, ID Code of Ordinances
CITY CODE of HEYBURN, IDAHO
ORDINANCES PENDING REVIEW FOR CODIFICATION
ORDINANCE FOR ADOPTION OF CODE
TITLE 1 ADMINISTRATIVE
TITLE 2 BUILDING REGULATIONS
TITLE 3 CITY UTILITIES AND SERVICES
TITLE 4 BUSINESS REGULATIONS
CHAPTER 1 ALCOHOLIC BEVERAGES
CHAPTER 2 RESERVED
CHAPTER 3 DOOR-TO-DOOR SOLICITATION
CHAPTER 4 JUNKYARDS
CHAPTER 5 AUCTIONS AND AUCTIONEERS
CHAPTER 6 ANIMAL AUCTION OR SALE YARDS
CHAPTER 7 PAWNBROKERS AND SECONDHAND DEALERS
TITLE 5 PUBLIC HEALTH AND SAFETY AND PUBLIC AREAS
TITLE 6 CRIMINAL AND TRAFFIC CODES
TITLE 7 ANIMALS
TITLE 8 ZONING
TITLE 9 SUBDIVISION REGULATIONS
TITLE 4
BUSINESS REGULATIONS
CHAPTER 1
ALCOHOLIC BEVERAGES
SECTION:
4-1-1: Applicability
4-1-2: Definitions
4-1-3: License Or Permit Required; License Premises; Display Mandatory
4-1-4: Age Of Applicants
4-1-5: Transfers
4-1-6: Consumption And Open Container In Public Places
4-1-7: Approval Required For Serving And/Or Selling Outside Premises
4-1-8: Outdoor Consumption Of Beer, Wine, Or Liquor At A Licensed Retail Establishment Prohibited
4-1-9: Penalty
4-1-10: Severability
4-1-11: Beer and Wine
4-1-11-1: Application For License Or Renewal; Fee
4-1-11-2: Appeals
4-1-11-3: License Revocation, Suspension, Or Denial Of Renewal
4-1-11-4: Hours Of Sale
4-1-11-5: Churches And Schools
4-1-12: Liquor-By-The-Drink
4-1-12-1: Application For License Or Renewal; Fee
4-1-12-2: License Revocation, Suspension, Or Denial Of Renewal
4-1-12-3: Hours And Days Of Sale
4-1-12-4: Churches And Schools
4-1-13: Alcohol Beverage Catering Permit
4-1-13-1: Application For Permit; Fee
4-1-13-2: Permit Revocation
4-1-14: Bar Patio
4-1-14-1: Bar Patio Approval Or Denial Process
4-1-14-2: Appeals
4-1-14-3: Bar Patio Requirements
4-1-15: Restaurant Patio
4-1-15-1: Conditions For Approval Of A Restaurant Patio
4-1-15-2: Encroachment Of Restaurant Patio On City Right-Of-Way
4-1-15-3: Contents Of Application
4-1-15-4: Application Approval Or Denial
4-1-15-5: Appeals
4-1-1: APPLICABILITY:
   A.   This chapter shall supplement the regulations set forth in Idaho Code Title 23. In the event of a conflict between a provision in this chapter and Idaho Code, Idaho Code shall govern.
   B.   The provisions of this article shall apply to the entirety of this chapter, unless stated otherwise.
   C.   This chapter shall not apply to liquor stores regulated by the State of Idaho. (Ord. 2020-634, 10-28-2020)
4-1-2: DEFINITIONS:
Certain terms used in this Chapter shall have the meanings ascribed below:
ALCOHOL BEVERAGE CATERING PERMIT:
The same as defined in Idaho Code 23-934A, as may be amended from time to time.
BAR:
An establishment with a retail beer on-premises license, wine-by-the-drink license, and/or liquor-by-the-drink license, including wineries and breweries, that does not qualify as a restaurant, as defined in this chapter.
BEER:
The same as defined in Idaho Code 23-1001, as may be amended from time to time.
BAR PATIO:
An outdoor area subordinate, accessory, and adjacent to a bar where, in addition to being served within the bar, beer, wine, and/or liquor by the drink may be consumed. A bar patio is distinct from a restaurant patio, as defined within this chapter.
BUILDING OFFICIAL:
City of Heyburn Building Official or designee.
BUILDING LICENSING COORDINATOR:
City of Heyburn City Clerk or designee.
COMMUNITY DEVELOPMENT DIRECTOR:
City of Heyburn Community Development Director.
CONVENTION:
The same as defined in Idaho Code 23-902, as may be amended from time to time.
FESTIVAL:
The same as defined in Idaho Code 23-902, as may be amended from time to time.
FIRE CHIEF:
Minidoka County Fire Protection District Chief or designee.
LICENSEE:
Any person, corporation, partnership, organization, or other entity to which a license has been issued by the City pursuant to this chapter.
LIQUOR:
The same as defined in Idaho Code 23-902, as may be amended from time to time.
LIQUOR-BY-THE-DRINK LICENSE:
A license issued by the City to sell and serve liquor by the individual drink for consumption on the premises.
RESTAURANT PATIO:
An area subordinate, accessory, and adjacent to a restaurant where food and drink are served. A restaurant patio is distinct from a bar patio, as defined within this chapter.
PARTY:
The same as defined in Idaho Code 23-902, as may be amended from time to time.
PREMISES:
All lands, structures, places, equipment, and appurtenances connected or used therewith, whether privately or publicly owned, and including any personal property or vehicle on said premises.
RESTAURANT:
An establishment where food and drink are prepared, served, and consumed primarily within the principal building where there may or may not exist alcohol licensed service, and where food and non-alcoholic beverages account for at least sixty percent (60%) of the gross retail sales.
RETAIL WINE LICENSE:
A license issued by the City to sell wine in its original, unopened container at retail for consumption off the premises.
RETAIL BEER OFF-PREMISES LICENSE:
A license issued by the City to sell beer in its original, unopened container at retail for consumption off the premises.
RETAIL BEER ON-PREMISES LICENSE:
A license issued by the City to sell and serve beer by the individual glass, can, or bottle for consumption on the premises.
WINE:
The same as defined in Idaho Code 23-1303, as may be amended from time to time.
WINE-BY-THE-DRINK LICENSE:
A license issued by the City to sell and serve wine by the individual glass or by the bottle for consumption on the premises. (Ord. 2020-634, 10-28-2020)
 
4-1-3: LICENSE OR PERMIT REQUIRED; LICENSED PREMISES; DISPLAY MANDATORY:
   A.   It shall be unlawful to sell: a) beer within the City without a retail beer off-premises license or retail beer on-premises license; b) wine within the City without a retail wine license or wine-by-the-drink license, unless pursuant to a wine sponsored event as set forth in Idaho Code 23-1338, as may be amended from time to time; and c) liquor by the drink within the City without a liquor-by-the-drink license. A business license issued by the City pursuant to City code shall not be required if wine is sold within the City pursuant to a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time.
   B.   It shall be unlawful to serve and/or sell liquor by the drink, beer, and wine, or beer, or wine, at a party, festival, or convention that is open to the public within the City without an alcohol beverage catering permit issued by the City, unless pursuant to a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time. It shall also be unlawful to sell liquor by the drink, beer, and wine, or beer, or wine, at a party, festival, or convention that is not open to the public within the City without an alcohol beverage catering permit issued by the City, unless pursuant to a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time.
   C.   A license or permit issued pursuant to this chapter shall a) only be valid for the premises covered by such license or permit, and b) be posted and displayed in a conspicuous place within the premises covered by such license or permit. (Ord. 2020-634, 10-28-2020)
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