ORDINANCE NO. 633
AN ORDINANCE OF THE CITY OF RATHDRUM, KOOTENAI COUNTY, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING TITLE 3, CHAPTER 2: LIQUOR CONTROL, OF THE RATHDRUM CITY CODE AS FOLLOWS.
PROVIDING FOR THE ADDITION OF RATHDRUM CITY CODE (RCC) SECTION 3-2-4 THAT INCLUDES GENERAL LICENSE RESTRICTIONS AND THE AUTHORIZATION FROM THE CITY COUNCIL FOR THE CITY CLERK TO APPROVE THE ISSUANCE AND RENEWALS OF LICENSES THAT ARE ISSUED PURSUANT TO TITLE 3, CHAPTER 2; AMENDING RCC TITLE 3, CHAPTER 2, ARTICLE A: LIQUOR BY THE DRINK, RCC TITLE 3, CHAPTER 2, ARTICLE B: BEER, AND RCC TITLE 3, CHAPTER 2, ARTICLE C: WINE, BY AMENDING THE SECTION TITLES TO PROVIDE FOR APPROVAL OF LICENSE, AMENDING RCC SECTIONS 3-2A-3, 3-2B-3, AND 3-2C-3 TO INCLUDE CONDITIONS OF APPROVAL THAT MUST BE MET IN ORDER FOR THE CITY CLERK TO APPROVE THE ISSUANCE OF A LICENSE AND ALLOWING AN APPLICANT TO APPEAL TO CITY COUNCIL WITHIN 10 BUSINESS DAYS IF SAID APPLICATION IS DENIED, AND AMENDING RCC SECTIONS 3-2A-4, 3-2B-4, AND 3-2C-4 TO ALLOW ALL LICENSE FEES TO BE PRORATED AS OF THE ACTUAL MONTH OF ISSUANCE AND ALLOW ANY SUBSEQUENT RENEWAL TO BE APPROVED BY THE CITY CLERK IF THE CONDITIONS OF APPROVAL ARE MET, WHICH IF DENIED, CAN BE APPEALED TO CITY COUNCIL WITHIN 10 BUSINESS DAYS FOR APPROVAL OF THE RENEWAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
IT IS ORDAINED by the Mayor and City Council of the City of Rathdrum, Kootenai County, Idaho, as follows:
Section 1. That Title 3, Chapter 2, of the Rathdrum City Code shall be, and the same is amended as follows:
3-2-1: Adoption Of State Code (Rep. by Ord. 443, 2-2-2005)
3-2-2: Open Containers
3-2-3: Qualified Consumers
3-2-4: General Applicant/License Restrictions
3-2-4: GENERAL APPLICANT/LICENSE RESTRICTIONS
A. No retail license to sell liquor by the drink, beer, and wine will be issued to any applicant who:
1. Has, or any partner who has, or actual manager or officer of whom has:
a. Been convicted of the violation of any law of the state, or of the United States regulations, governing or prohibiting the sale of liquor by the drink, beer, and wine or intoxication 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.
b. 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.
c. 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 Rathdrum which has been declared and found to have been a moral nuisance as defined by city ordinances or state law.
d. 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 Rathdrum.
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.
B. As authorized by Idaho Code 23-933B, the city council hereby authorizes the city clerk to approve the issuance and renewals of licenses for the sale of liquor by the drink, beer, and wine upon the premises to applicant's who meet all licensing requirements and conditions of approval contained in this chapter and contained in RCC Title 3, Chapter 2, Articles A, B, and C, 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 liquor by the drink, beer, and wine upon the premises in other locations where such sale is prohibited by Idaho Code 23-933B.
Section 2. That Title 3, Chapter 2, Article A: Liquor By The Drink, of the Rathdrum City Code shall be, and the same is amended as follows:
SECTION:
3-2A-1: License Required
3-2A-2: Application For License
3-2A-3: License Fee Approval of License
3-2A-4: Term Of License
3-2A-5: Place Of Business
3-2A-6: Transfer Of License
3-2A-7: Display Of License
3-2A-8: Violation; Revocation Of License
3-2A-9: Sale Hours Restricted
The City Clerk may approve a license application and grant a license under this chapter if the following Conditions of Approval are met:
1. A complete application and affidavit of applicant are submitted;
2. Proof of the State and County licenses is submitted;
3. The place of business listed on the application is a permitted location for the business as approved by the City Planner; and
4. All fees for a liquor by the drink license are paid in full as set by resolution of the city council.
If any of the above Conditions of Approval are not met pursuant to Rathdrum City Code, Idaho State Code, and/or any other applicable codes or regulations, the application shall be denied by the City Clerk. If denied, the applicant may either remedy any deficient conditions and resubmit the application to the City Clerk for approval, or request, within ten (10) business days of the denial, to have the application placed on the agenda of the next available regular City Council meeting in which the applicant may present the application to the Council and the Council shall consider approval or denial of said application based on applicable code.
3-2A-4: TERM OF LICENSE:
All licenses shall be granted by the mayor and council for a period of one year beginning March 1 and expiring at one o'clock (1:00) A.M. on March 1 of the year following issuance; provided, however, that if the license be issued for less than the full calendar year, the license fee shall be prorated as of the actual month of issuance. Any subsequent license renewal may be approved by the city clerk as long as all of the Conditions of Approval for this chapter provided in Section 3-2A-3 are still met by the applicant. If the City Clerk denies a renewal, the applicant may either remedy any deficient conditions and resubmit the renewal to the City Clerk for approval, or request, within ten (10) business days of the denial, to have the renewal placed on the agenda of the next available regular City Council meeting in which the applicant may present the renewal to the Council and the Council shall consider approval or denial of said renewal based on applicable code and the Conditions of Approval. (Ord. 417, 11-8-2001)
Section 3. That Title 3, Chapter 2, Article B: Beer, of the Rathdrum City Code shall be, and the same is amended as follows:
SECTION:
3-2B-1: License Required
3-2B-2: Application For License
3-2B-3: License Fee Approval of License
3-2B-4: Term Of License
3-2B-5: Place Of Business
3-2B-6: Transfer Of License
3-2B-7: Display Of License
3-2B-8: Violation; Revocation Of License
3-2B-9: Sale Hours Restricted
The City Clerk may approve a license application and grant a license under this chapter if the following Conditions of Approval are met:
1. A complete application and affidavit of applicant are submitted;
2. Proof of the State and County licenses is submitted;
3. The place of business listed on the application is a permitted location for the business as approved by the City Planner; and
4. All fees for a beer license are paid in full as set by resolution of the city council.
If any of the above Conditions of Approval are not met pursuant to Rathdrum City Code, Idaho State Code, and/or any other applicable codes or regulations, the application shall be denied by the City Clerk. If denied, the applicant may either remedy any deficient conditions and resubmit the application to the City Clerk for approval, or request, within ten (10) business days of the denial, to have the application placed on the agenda of the next available regular City Council meeting in which the applicant may present the application to the Council and the Council shall consider approval or denial of said application based on applicable code.
License fees for the sale of beer within the city shall be set by resolution of the city council. (Ord. 436, 9-14-2004)
All licenses shall be granted by the mayor and council for a period of one year beginning March 1 and expiring at one o'clock (1:00) A.M. on March 1 of the year following issuance. A full year's license fee shall be collected for each license issued, notwithstanding the fact that the license may have been issued after March 1. Any subsequent license renewal may be approved by the city clerk. (Ord. 417, 11-8-2001) All licenses shall be granted for a period of one year beginning March 1 and expiring at one o'clock (1:00) A.M. on March 1 of the year following issuance; provided, however, that if the license be issued for less than the full calendar year, the license fee shall be prorated as of the actual month of issuance. Any subsequent license renewal may be approved by the city clerk as long as all of the Conditions of Approval for this chapter provided in Section 3-2B-3 are still met by the applicant. If the City Clerk denies a renewal, the applicant may either remedy any deficient conditions and resubmit the renewal to the City Clerk for approval, or request, within ten (10) business days of the denial, to have the renewal placed on the agenda of the next available regular City Council meeting in which the applicant may present the renewal to the Council and the Council shall consider approval or denial of said renewal based on applicable code and the Conditions of Approval.
Section 4. That Title 3, Chapter 2, Article C: Wine, of the Rathdrum City Code shall be, and the same is amended as follows:
SECTION:
3-2C-1: Definitions
3-2C-2: License Required
3-2C-3: Application For License
3-2C-4: License Fees Approval of License
3-2C-5: Term Of License
3-2C-6: Qualifications Of Applicant
3-2C-7: Assignability Of License
3-2C-8: Hours Of Sale
3-2C-9: Unlicensed Retailers
3-2C-10: Misrepresentation Of Age
3-2C-11: Revocation Of License
The City Clerk may approve a license application and grant a license under this chapter if the following Conditions of Approval are met:
1. A complete application and affidavit of applicant are submitted;
2. Proof of the State and County licenses is submitted;
3. The place of business listed on the application is a permitted location for the business as approved by the City Planner; and
4. All fees for a retail wine license and/or a wine by the drink license are paid in full as set by resolution of the city council.
If any of the above Conditions of Approval are not met pursuant to Rathdrum City Code, Idaho State Code, and/or any other applicable codes or regulations, the application shall be denied by the City Clerk. If denied, the applicant may either remedy any deficient conditions and resubmit the application to the City Clerk for approval, or request, within ten (10) business days of the denial, to have the application placed on the agenda of the next available regular City Council meeting in which the applicant may present the application to the Council and the Council shall consider approval or denial of said application based on applicable code.
A. Retail Wine License: Any individual desiring to sell wine at retail for consumption off the licensed premises shall pay for each premises for which a license is issued a license fee in the amount set by resolution of the city council.
B. Wine By The Drink License: Each individual desiring to sell wine by the individual glass or open bottle at retail for consumption on the premises only, shall pay to the city a license fee in the amount set by resolution of the city council. (Ord. 436, 9-14-2004)
Such licenses shall expire at one o'clock (1:00) A.M. on March 1 of the year following issuance; provided, however, should a license be issued for less than a full calendar year, the license fee shall be prorated in accordance with the actual months of issuance. Any subsequent license renewal may be approved by the city clerk. (Ord. 417, 11-8-2001) All licenses shall be granted for a period of one year beginning March 1 and expiring at one o'clock (1:00) A.M. on March 1 of the year following issuance; provided, however, that if the license be issued for less than the full calendar year, the license fee shall be prorated as of the actual month of issuance. Any subsequent license renewal may be approved by the City Clerk as long as all of the Conditions of Approval for this chapter provided in Section 3-2C-3 are still met by the applicant. If the City Clerk denies a renewal, the applicant may either remedy any deficient conditions and resubmit the renewal to the City Clerk for approval, or request, within ten (10) business days of the denial, to have the renewal placed on the agenda of the next available regular City Council meeting in which the applicant may present the renewal to the Council and the Council shall consider approval or denial of said renewal based on applicable code and the Conditions of Approval.
Section 5. Severability.
The ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity.
Section 6. Repealing of Conflicting Provisions.
All provisions of the current Rathdrum municipal Code or ordinances of the City of Rathdrum which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.
Section 7. Effective Date.
This ordinance shall be effective upon passage and publication as provided by law.
ENACTED BY City Council as an ordinance of the City of Rathdrum on the 13th
day of December 2023.
Approved by the Mayor on the 13th day of December 2023.
CITY OF RATHDRUM
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Vic Holmes, Mayor
ATTEST:
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Sherri Halligan, City Clerk