ORDINANCE NO. 1454
AN ORDINANCE OF THE CITY OF POST FALLS, KOOTENAI COUNTY, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING MUNICIPAL CODE SECTION 5.04.080 TO ALLOW THE ISSUANCE OF LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON THE PREMISES CONSUMPTION IN AREAS ZONED FOR BARS AND TAVERNS AS AUTHORIZED BY IDAHO CODE 23-913; PROVIDING THAT REMAINING SECTIONS OF POST FALLS CITY CODE SHALL REMAIN IN EFFECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW.
   
   WHEREAS, the Mayor and City Council find that Idaho Code 23-913 authorizes the City Council to permit the sale of alcoholic beverages for consumption on the premises within 300 feet of residential, school, and church uses; and
   
   WHEREAS, the Post Falls zoning code regulates the location of land uses, including bars, to ensure that the use is in an area of compatible land uses; and
 
   WHEREAS, The Mayor and City Council find that using the City’s zoning code to regulate the locations of bars and taverns simplifies City licensing requirements while protecting quality of life within the City.
 
   NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Post Falls as follows:
 
   SECTION 1. That Post Falls Municipal Code Section 5.04.080 is amended as follows:
 
5.04.080: GENERAL APPLICANT/LICENSE RESTRICTIONS: 
 
No retail license to sell alcoholic beverages by the drink will be issued to any applicant who:
 
1. Has, or any partner who has, or actual manager or officer of whom has:
 
Been convicted of the violation of any law of the state, or of the United States regulations, governing or prohibiting the sale of alcoholic beverages or intoxicating liquor within three (3) years or within three (3) years forfeited or suffered the forfeiture of a bond for their appearance to answer charges for such violation.
 
Been convicted of driving a motor vehicle under the influence of alcohol, drugs or any other intoxicating substances as defined in the jurisdiction in which the judgment was entered within three (3) years prior to the date of the making of the application for license and/or has not paid a fine, completed a sentence and/or parole for such conviction.
 
Engaged in the operation of, or has interest in, any house or place for the purpose of prostitution, or has engaged in the operation of any house or premises within the city limits of Post Falls which has been declared and found to have been a moral nuisance as defined by city ordinances or state law.
 
Been convicted in any jurisdiction or received a withheld judgment for any crime concerning the possession of any controlled substance within five (5) years.
 
2. Has had a similar license revoked by any jurisdiction granting the license and/or had their license revoked by the state of Idaho or Kootenai County.
 
3. Allows conduct to occur on the premises which is a moral nuisance as defined by the laws of the state of Idaho and/or the ordinances of the city of Post Falls.
 
4. Allows the licensed premises to be frequented by disorderly persons, or if licensed premises is frequented by persons convicted of violence and/or controlled substances, and/or lewd and lascivious conduct.
 
5. Manages and/or operates the licensed premises in such a way as to be a nuisance to surrounding businesses by reason of the conduct of employees or clientele of the licensed premises, where said employees or clientele engage in lewd and/or violent and/or disorderly behavior.
 
As authorized by Idaho Code 23-913, the City Council hereby approves issuing licenses for the sale of alcoholic beverages upon the premises to applicant’s who meet all licensing requirements contained in this Chapter where the premises is located in a zoning district that allows bars/taverns/lounges either by right or upon the issuance of a special use permit for that use. No license shall be issued for the sale of alcoholic beverages upon the premises in other locations where such sale is prohibited by Idaho Code 23-913.
 
SECTION 2 All provisions of the current Post Falls Municipal Code or ordinances of the City of Post Falls and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict.
 
SECTION 3. Neither the adoption of this ordinance nor the repeal of any ordinance shall, in any manner, affect the prosecution for violation of such ordinance committed prior to the effective date of this ordinance or be construed as a waiver of any license or penalty due under any such ordinance or in any manner affect the validity of any action heretofore taken by the City of Post Falls City Council or the validity of any such action to be taken upon matters pending before the City Council on the effective date of this ordinance.
 
SECTION 4. The provisions of this ordinance are severable and if any provision, clause, sentence, subsection, word, or part thereof is held illegal, invalid, or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this ordinance or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid, or unconstitutional provision, clause sentence, subsection, word, or part had not been included therein, and if such person or circumstance to which the ordinance or part thereof is held inapplicable had been specifically exempt therefrom.
 
SECTION 5. After its passage and adoption, a summary of this Ordinance, under the provisions of the Idaho Code, shall be published once in the official newspaper of the City of Post Falls, and upon such publication shall be in full force and effect.
 
   Passed under suspension of rules upon which a roll call vote was duly taken and duly enacted an Ordinance of the City of Post Falls at a regular session of the City Council on May ___ 2022.
 
 
APPROVED, ADOPTED and SIGNED this 3rd day of May, 2022.
 
 
               
 
                     _________________________________
                         Ronald G. Jacobson, Mayor
 
ATTEST:
 
 
 
______________________________
Shannon Howard, City Clerk
 
 
SUMMARY OF POST FALLS ORDINANCE NO. 1454
 
AN ORDINANCE OF THE CITY OF POST FALLS, KOOTENAI COUNTY, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING MUNICIPAL CODE SECTION 5.04.080 TO ALLOW THE ISSUANCE OF LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON THE PREMISES CONSUMPTION IN AREAS ZONED FOR BARS AND TAVERNS AS AUTHORIZED BY IDAHO CODE 23-913; PROVIDING THAT REMAINING SECTIONS OF POST FALLS CITY CODE SHALL REMAIN IN EFFECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW.
 
The City of Post Falls, Kootenai County Idaho hereby gives notice of the adoption of Post Falls Ordinance No. 1454, which authorizes the issuance of licenses for the sale of alcoholic beverages for on the premises consumption in areas zoned for bars and taverns; providing repeal of conflicting ordinances and providing severability. The ordinance is effective upon publication of this summary. The full text of Ordinance No. 1454 is available at Post Falls City Hall, 408 Spokane Street, Post Falls, ID 83854 in the office of the City Clerk. Dated this ____ day of May, 2022.
 
 
                     _____________/s/______________________
                     Shannon Howard, City Clerk
STATEMENT OF LEGAL ADVISOR
   I, Warren J. Wilson, the legal advisor for the City of Post Falls, I have examined the attached summary of Ordinance No. 1454, which authorizes the issuance of licenses for the sale of alcoholic beverages upon the premises in areas zoned for bars and taverns and find it to be a true and complete summary of said ordinance and provides adequate notice of the contents to the public.
 
Dated this 3rd day of May, 2022.
 
                     _____________________________________
                     Warren J. Wilson, City Attorney