A. Definitions:
BEER: Shall be defined as provided in Idaho Code title 23, chapter 10, as amended from time to time.
RETAILER: Any person engaged in the sale or distribution of beer to the consumer.
B. License Required: It is unlawful for any person to sell beer without first obtaining a proper license.
C. Application For License:
1. Application for the retail sale of beer shall be made and filed with the City Clerk in such form and manner as provided herein. The application shall provide for the name of the applicant, the location of the proposed business, the information required to show that the applicant meets the qualifications required by this chapter, and such other information as may be prescribed and required by the Governing Body. At the time the application is filed, the applicant shall also present a copy of a license to sell beer obtained from the County. (Ord. 475, 3-7-2005)
2. All applications received and approved by the City Clerk shall be forwarded to the Chief of Police for review and final approval. (Ord. 514, 9-15-2008)
3. Licenses will be for a period of no longer than one year and shall expire at one o'clock (1:00) A.M. on the first day of the renewal month for a State license as determined by the director of Idaho State Police.
D. Qualifications: No retail license shall be issued to any applicant who is not qualified under Idaho Code title 23, chapter 10, as the same may be amended from time to time.
E. Fee For License: The fee for a license for the sale of beer shall be established by resolution of the City Council, and shall be consistent with the limitations provided in Idaho Code title 23, chapter 10, as amended from time to time.
F. Revocation Of License:
1. The City Council shall retain the right at all times to revoke and cancel any license.
2. If any licensee or employee of a business licensed to sell beer by the drink violates any of the provisions of this chapter or is convicted of violation of any of the provisions of the laws of the State relating to the sale of alcoholic beverages, the City Council is authorized to revoke the license issued to the licensee; provided, however, that in the event it is brought to the attention of the city council that a violation has taken place, before revoking such license, the city council shall cause notice to be served upon the licensee, setting forth in general terms the violation or violations claimed to have been committed, and such notice shall provide a time for hearing thereon by the city council, which date of hearing shall not be less than five (5) days nor more than ten (10) days from the date of the service of the notice, and upon or following the hearing, the city council, if they shall find that the provisions of this chapter or the provisions of the laws of the state have been violated, shall revoke such license theretofore issued, and no refund of any unused portion of the license fee shall be made to the licensee.
3. A revocation by the state or the county of any license to sell any alcoholic beverages shall automatically revoke the license issued by the city.
G. Restrictions:
1. It is unlawful to sell or dispense beer to be consumed on the premises at any time between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. of any day.
2. No license shall be issued for the sale of beer upon premises in locations where such sale is prohibited by Idaho Code title 23, chapter 10, as amended from time to time.
H. Regulations: It is unlawful for any person to sell beer to any person to whom the sale of the same is prohibited by the laws of the state. Any violation of this section shall constitute a misdemeanor. Any such sale by any person licensed to sell or a person working at a business licensed to sell one or more beverages shall be considered cause for cancellation of such license or licenses as such person may be issued.
I. Renewal Of License:
1. Application for renewal of a license to sell beer shall be on the same form as the application for the initial license.
2. If all of the information provided by the licensee is the same in the application for renewal as was provided in the initial application, renewal of the license may be issued by the city clerk without the application being referred to the city council. (Ord. 475, 3-7-2005)