A. An alcohol beverage catering permit is a permit issued pursuant to this section which authorizes the permit holder to dispense, serve or sell liquor, beer or wine by the drink at a party or convention, but said license shall not exceed three (3) consecutive days upon obtaining an alcohol beverage catering permit. An alcohol beverage catering permit shall be limited to authorization to sell or dispense liquor or beer or wine, or any combination thereof, based upon the type of license which the applicant possesses. In addition, alternating permits shall not be issued to operate what would be a multiple day per week bar without a license; secondly, a permit shall not be issued/obtained to/by a person, or for the benefit of another person, attempting to circumvent established alcohol licensing procedures, i.e., operating two (2) separate establishments under one license or for the benefit of a person whose alcohol license has been revoked or canceled. No more than four (4) catering permits will be issued to the same liquor or beer or wine license holder within one month. If the location used with the catering permit is indoors it shall meet all applicable building and fire codes including, but not limited to, occupancy ratings and required exits. An application for a permit must be submitted at least fourteen (14) days prior to the event for review. The city clerk will provide a response to the permit applicant within seven (7) days after receiving the application. Applications for such permit shall be made to the city clerk upon a form which shall contain, but not be limited to, the following information:
1. The name, address and contact information of the applicant and the number of the applicant's state liquor, beer or wine license and the applicant's county and city liquor, beer, or wine license number. An alcohol beverage catering permit shall be limited to authorization to sell liquor or beer or wine, or any combination thereof, based upon the type of license which the applicant possesses.
2. The dates and hours during which the permit is to be effective, not to exceed three (3) consecutive days.
3. The names and contact information of the organizations, groups, or persons sponsoring the event.
4. The address at which the liquor, beer or wine is to be served.
5. Names of the persons serving the liquor or beer or wine.
6. Type of event (dance, social gathering, beer garden, etc.).
7. Estimated number of people attending event.
8. Security plan.
9. Restrooms and other special needs plan.
B. The application shall be verified by the applicant and filed with the city clerk. A filing fee in the amount of twenty dollars ($20.00) for each day the permit is to be effective shall be paid to the city clerk, which shall not be refunded. This fee may be amended by resolution of the city council.
C. Upon the filing of an application, the city clerk shall, upon the advice and recommendation of the Boise County sheriff's department, approve or disapprove the application and indicate the determination on the face of the application by endorsement signed by the clerk of the city. Copies of the application's signed endorsements thereon shall be mailed or delivered immediately to the Boise County sheriff's department, and the applicant and a signed copy retained by the clerk.
D. In the event the clerk shall deny an application, the clerk must specify the following in writing:
1. The statute, ordinance and/or standards used to evaluate.
2. The reasons for the denial.
3. The actions, if any, the applicant could take to obtain the license, transfer or renewal.
E. Decisions of the city clerk may be appealed to the city council. The appeal must be filed in writing and state the reasons the license should not be refused. The appeal must be filed within fifteen (15) days of the date of mailing which shall be made by return receipt requested and/or by registered mail and/or by delivery of the decision of the city clerk to the applicant.
F. If the permit applicant is found to have given incorrect information on the permit application or if the permit applicant violates any federal, state or city law during the permit activities, the sheriff of Boise County or his designee may revoke the catering permit at any time. The applicant may file an appeal with the city council in writing and state the reasons the license should not have been revoked.
G. The city council shall, within thirty (30) days after the filing of an appeal, excluding legal holidays and weekends, make a decision of the appeal. In the event the city council should deny any application or support any revoking of the permit, the city council shall specify in writing those matters set forth in subsection D of this section. (Ord. 239, 11-16-2011)