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A. Purpose: This chapter is passed to provide for the licensing and regulating of the retail sale of beer, wine or liquor by the drink within the City.
B. License Required: No person, individual, firm, co- partnership, association or corporation shall sell beer, wine or liquor by the drink within the City without first obtaining a license therefor as herein provided.
C. Application For License: All applications for license must be in writing, filed with the City Clerk and accompanied by the affidavit of the applicant showing such applicant to be qualified by this section, and the laws of the State, to receive a license, must state the place of business with respect to which the license is to be issued, and must be accompanied by a receipt from the City Treasurer for the amount of the license fee. Provided, however, that before a license shall be issued, the licensee must have procured the proper license from the proper officials of Boundary County, Idaho.
D. Issuance; Term: All licenses shall be granted by the Mayor and City Clerk for a period of one year beginning January 1 and ending December 31. All licenses shall be issued by the City Clerk.
E. Class Next Above: The Mayor and City Council may grant to any person theretofore procuring a license to sell beer, wine or liquor by the drink as herein provided, a license provided for the class next above the license of said licensee upon his paying to the City Treasurer the difference between the license for which he has already paid and the license which he seeks.
F. Fees: The license fees for any such person, individual, firm, co-partnership, association or corporation is hereby set by ordinance or resolution.
G. Licenses After January 1: A full year's license fee shall be collected for each license issued, notwithstanding the fact that such license may have been issued after January 1.
H. Place Of Sale Designated; License Posted: The license fee shall permit the sale by one place of business, such place of business to be designated in the license issued. It shall be the duty of the licensee to keep posted in a conspicuous place in the place of business for which the license is granted, such license. (Ord. 3, 1947; amd. 2019 Code)
I. Number Permitted; Transferability: No person shall be granted more than one license for any one year and such license shall be nontransferable without the consent of the Mayor and City Council, and upon payment of a transfer fee. (Ord. 3, 1947; amd. Ord. 6, 8-6-1947; 2019 Code)
J. Penalty; Revocation:
1. Any person violating any of the provisions of this section, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code, and in addition thereto, the Mayor and City Council may revoke the license of the licensee. (Ord. 3, 1947; amd. 2019 Code)
2. The right shall be and remain at all times vested in the Mayor and Council, and the Mayor and Council may, as hereinafter provided, revoke or cancel any license for fraud or misrepresentation in its procurement, or for a violation of any of the provisions of this section, or for any conduct or act of the licensee or his employees, or any conduct or act permitted by him or them on the premises where such business is conducted, or in connection therewith or adjacent thereto, tending to render such business or such premises where the same is conducted as a public nuisance or a menace to the health, peace, safety or general welfare of the City; provided, that revocation or suspension of the State license by the Commissioner of Law Enforcement shall be deemed prima facie evidence for revocation or suspension of the license issued herein. (Ord. 47, 9-3-1980; amd. 2019 Code)