(A) Purpose: The purpose of this section is to provide a procedure and guidelines for obtaining an alcoholic beverage catering license pursuant to Idaho Code title 23, chapter 9.
(B) Catering Permits Required; Fees:
1. It shall be unlawful for any person to serve and sell any alcoholic beverage retail by the drink at a party or convention upon an unlicensed premises, without first obtaining a catering permit issued by the city clerk or their designee pursuant to these provisions.
2. 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 or their designee, which shall not be refunded in any event.
(C) Application For Permit:
1. Filing Application: Any person holding an Idaho retail liquor license, retail beer or wine license, or permit issued pursuant to Idaho Code section 23-1007A may obtain an application for a catering permit at the office of the city clerk and fill out the application completely where designated on the application. The application must be executed by the applicant and filed with the city clerk not less than three (3) days prior to the catering date(s) requested. Failure to complete the required portions of the application may result in a denial of the application.
2. Consideration: Where an application is filed within three (3) days prior to the catering date(s), the applicant may execute a waiver of procedural appeal rights in order to allow for the consideration of the granting of a catering permit. A waiver of procedural appeal rights is not a guarantee or promise that the permit can or shall be processed or granted. The filing fee is not refundable.
3. Application Information: The application for permit shall provide the following information:
(a) Name, address, and phone number of the applicant;
(b) The number of their Idaho state retail liquor license, Idaho state retail beer or wine license, or permit issued pursuant to Idaho Code section 23-1007A, and the number of their county retail alcohol beverage license;
(c) A photocopy of the Idaho state retail liquor license, Idaho state retail beer or wine license, or permit issued pursuant to Idaho Code section 23-1007A and a photocopy of the county alcohol beverage license, when requested by the city clerk;
(d) Dates and hours requested during which the permit is to be effective, not to exceed three (3) consecutive days;
(e) The names of the organizations, groups, or persons sponsoring the event; and the name of the applicant's designee who will be present at the event;
(f) An alcohol control plan to ensure minors are not served must accompany the catering permit application;
(g) The address at which the alcoholic beverages are to be served;
(h) The number of anticipated people who will attend the party or event;
(i) Signatures of the licensee, the police chief, and the city clerk.
4. Persons Not Qualified For Catering Permit: No catering permit shall be issued to:
(a) Any person who does not possess a valid Idaho state retail liquor license, Idaho state retail beer or wine license, or a benevolent, charitable, or public purpose permit from the state pursuant to Idaho Code title 23, chapter 9, 10 or 13;
(b) An individual who has been convicted of or received a withheld judgment for any offense deemed a felony by the laws of the United States, the state of Idaho, or any other state of the United States, within the last five (5) years;
(c) Any individual who has a judgment, conviction or determination for a drug or alcohol related violation, whether criminal, civil or administrative, in violation of the laws of the United States, the state of Idaho, or any other state of the United States, or of the resolutions or ordinances of any county or city of this state within the last three (3) years;
(d) An applicant who wilfully files any false or misleading statement which applicant knows to be or reasonably should have known to be false or misleading in any part of said application or any subsequent report;
(e) An applicant who is required to obtain a special event permit as provided by this code and who has not obtained approval of said permit;
(f) Any application for catering permit for more than three (3) consecutive days by Idaho Code as provided.
(D) Applications Reviewed:
1. City Clerk To Review: The city clerk shall review the application for catering permit for completeness and forward said application to the police chief;
2. Recommendation Of The Police Chief: The police chief upon receipt of the application shall make a recommendation to the city clerk to approve or deny the application.
(a) The police chief may recommend approval of the catering permit to promote and carry out the policies of the city.
(b) The police chief may recommend denial of a catering permit to protect the health, safety, welfare of the public, to prevent unlawful disturbances, public nuisance, or to promote and carry out the policies of the city.
(c) The police chief may recommend conditions, terms or a reduction in the number of requested dates or times as determined reasonable to carry out the policies of the city, which include protection of the health, safety, and welfare of the public, or to prevent an unlawful disturbance or nuisance. Such conditions may include execution of an indemnification agreement, posting of appropriate signs; and hiring at applicant's expense additional bonded security personnel.
(d) Where the police chief determines that due to the anticipated number of participants, location, or presence of minors requiring limitation of the premises for enforcement purposes, he may recommend a beer garden and its specifications be maintained as a condition of the permit.
(e) When the event is on city property the applicant shall be required to maintain in full force and effect comprehensive general liability insurance with liability limits of not less than five hundred thousand dollars ($500,000.00) for the term of the applied for catering permit. The insurance policy shall name the city of McCall as an "additional named insured" and a copy of the insurance binder shall be filed with the city clerk prior to the issuance of the said permit.
(f) This insurance provision may be waived by the city clerk upon a showing of good cause for doing so.
(E) Permits Issued:
1. The city council has determined the city clerk or designee shall be delegated the authority to grant all catering permits where the police chief recommends approval.
2. Except as otherwise provided, the city clerk shall upon the advice and recommendation of the police chief approve or deny the application and indicate the determination on the face of the application by endorsement signed by the city clerk on behalf of the city council. All decisions of the city clerk shall be reported to the city council at the next regularly scheduled city council meeting after such decision. Any person aggrieved by the city clerk's decision may appeal the same to the city council by filing notice of appeal with the city clerk within ten (10) days of the city clerk's decision.
3. Copies of the application with signed endorsements thereon shall be mailed or delivered immediately to the police chief. The city clerk shall mail or deliver a copy of the signed original to the applicant.
4. An application approved in this manner shall constitute a permit, unless disapproved by the director of the department of law enforcement by notice served upon the applicant for the retail sale by the drink, of liquor, beer, and wine for the period authorized by the permit. The director of the department of law enforcement shall immediately notify the police chief in the event of disapproval.
5. Any catering permit is not transferable and shall be valid under the conditions and terms approved by city council and only within the city of McCall, state of Idaho.
(F) Permit Display Required: The applicant or the applicant's designee is required to carry, display or post the original catering permit issued and must be personally present at the approved catering premises at all times during the life of the catering permit.
(G) Grounds For Revocation: The city clerk, the mayor and city council or the police chief may revoke a catering permit when, subsequent to the approval of the permit, it is determined that the applicant did not meet the requirements set forth in this section.
(H) Procedure For Denial, Revocation, And Appeal: Except as otherwise provided in this section, the procedures for denial, revocation, and appeal shall be followed.
(I) Exigent Circumstances For Revocation: Where there exists a clear endangerment to the health, safety and welfare of the public resulting from the use of the permit, or where the applicant or their agents fail to perform in conformance with the conditions and terms set forth on the permit, the city council, the city clerk, or the police chief may revoke the catering permit issued under the provisions of this section by immediately demanding and seizing the permit from the applicant or coapplicant.
Upon receipt of the revoked permit, or where the permit cannot be seized due to unavailability of the applicant, or where the applicant or coapplicant refuses to surrender said permit, the chief of police may direct the seizure of all alcoholic beverages and remove the same and keep the same as evidence, and upon conviction of the person for violation of the provisions hereof, the said liquor and all packages, or receptacles containing the same, shall be forfeited to the state of Idaho.
(J) Violations: In addition to the regulations stated in section 4.9.7 of this chapter, the following violations apply to catering permits:
1. A person failing to obtain, display, or surrender a catering permit as provided in this section shall be guilty of an infraction for a first time offense.
2. A person holding a catering permit, or any person employed or acting on the behalf of the person holding a catering permit, who wilfully endangers the health, safety, public welfare by permitting, allowing, or failing to correct conduct in violation of the conditions or terms of a catering permit is guilty of an infraction for a first time offense.
3. Any person holding a catering permit or any person acting on behalf of that person who permits, allows, or invites another person under twenty one (21) years of age into a beer garden is guilty of an infraction for a first time offense.
4. All beverages, whether alcoholic or not, served and sold in a public place or an outdoor private place open to the public, shall be served and sold in containers made of paper or plastic. Any person who shall use, carry, or be in possession of any beverage container made of glass in violation of this section shall be guilty of an infraction for a first time offense.
5. A violation of any of the provisions of this section by any agent, employee, servant, or other person on behalf of the person holding the catering permit, shall be presumed a violation by the person holding the catering permit. (Ord. 938, 12-17-2015)