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Every license issued under this chapter shall be issued by the city council, signed by the mayor, countersigned by the city clerk, and bear the seal of the city, to qualified applicants, as herein provided, whereby the licensee shall be authorized and permitted to sell liquor by the drink at retail and, upon the issuance of such license, the licensee therein named shall be authorized to sell liquor at retail by the drink but only in accordance with the provisions of this chapter; and it shall be unlawful to sell liquor by the drink without having first obtained such license.
Each licensee licensed under the provisions of this chapter shall pay an annual license fee to the city in the amount of five hundred sixty two dollars fifty cents ($562.50) per annum; provided, however, that any licensee who operates for only a portion of a year may have his license fee prorated from the date he commences operation to the end of the calendar year, but in no event for less than six (6) months. Licenses issued hereunder shall expire at one o'clock (1:00) A.M. on January 1 after the calendar year for which issued. (Ord. 534, 12-19-1972)
Prior to the issuance of a license, as herein provided, the applicant shall file with the city clerk an application in writing, subscribed and sworn to by the applicant before a person authorized to administer oaths. The application shall be accompanied by the license fee herein required. The application shall contain such information and statements relative to the applicant and the premises where the liquor is to be sold as may be required by the city council, and, in addition, the application must show the qualifications of the applicant required by this chapter, and the following:
A. A detailed description of the premises for which a license is sought, and its location within the city, and the name and detailed address of the owner of the premises.
B. A detailed statement of the assets and liabilities of the applicant.
C. The names and detailed addresses of all persons who will have any financial interest in any business to be carried on in and upon the licensed premises, whether such interest results from open loans, mortgages, conditional sales contracts, silent partnerships, trusts or any other basis than open trade accounts incurred in the ordinary course of business, and the amounts of such interests.
D. If the premises to be licensed are not owned by the applicant, then a certified copy of the lease by which he will occupy the premises showing that the owner consents to the sale of liquor by the drink on such premises, must accompany the application.
E. The name and address of the applicant, which shall include all members of a partnership or association, and the officers, members of the governing board, and ten (10) principal stockholders of a corporation; and if the applicant is a married person, then the name and detailed address of the spouse.
F. A copy of the articles of incorporation and bylaws of any corporation, the articles of association and the bylaws of any association, or the articles of partnership of any partnership, shall accompany the application.
G. If, during the period of any license issued hereunder, any change shall occur in any of the requirements of subsections A to F inclusive, of this section, the licensee shall immediately make a report of such change to the city council, signed and sworn to by the applicant before a person authorized to administer oaths. (Ord. 534, 12-19-1972)
Upon receipt of an application for a license under this chapter, accompanied by the necessary license fee, the city council may make or cause to be made such investigation of all matters pertaining thereto as it deems proper. If the city council shall determine that the contents of the application are true, that such applicant is qualified to receive a license, that the premises to be licensed are suitable for the carrying on of the business, and that the requirements of this chapter are met and complied with, license shall issue; otherwise, the application shall be denied and the license fee, less the costs and expenses of investigation, shall be returned to the applicant. (Ord. 534, 12-19-1972)
A. Every license issued under this chapter shall be signed by the mayor, countersigned by the city clerk, and shall bear the seal of the city; and shall set forth the name of the person to whom issued, the location by street and number, or other definite designation of the premises, and such other information as the city council shall deem necessary. If issued to a partnership, the names of the persons constituting such partnership, as silent or active partners, shall be set forth. If issued to a corporation or association, the names of the principal officers and the governing board shall be set forth. Such license shall be signed by the licensee. Every license issued under the provisions of this chapter is separate and distinct and no person except the licensee therein named, except as hereinafter provided, shall exercise any of the privileges granted thereunder. All licenses shall expire at one o'clock (1:00) A.M. on January 1 of the calendar year following the year for which issued. No person shall be granted more than one license for any one year; and no partnership, association or corporation holding a license under this chapter shall have as a member, officer or stockholder any person who has any financial interest of any kind in, or is a member of, another partnership or association or an officer of another corporation holding a license in the city for the same year; provided, however, that this section shall not prevent any person who owns two (2) or more buildings on connected property in the city from making application for and receiving licenses permitting the sale of liquor by the drink in each such building. Every licensee shall at all times keep posted in a conspicuous place on the licensed premises the license issued by the city.
B. Application to transfer any license issued pursuant to this chapter shall be made to the city clerk. Upon receipt of such application, the same procedures shall be had as in the case of an original application for license except for the payment of license fee; and if it is determined that all of the conditions of this chapter are met and complied with by the proposed transferee, then the license shall be endorsed over to the proposed transferee by said licensee for the remainder of the period for which such license has been issued, and the city clerk shall note the approval thereof by the city council upon such license. (Ord. 534, 12-19-1972)
No license shall be issued to:
A. An individual who is not a citizen of the United States or who has not been a bona fide resident of the state of Idaho for at least thirty (30) days next preceding the granting of such license; or to a partnership unless all members thereof are citizens of the United States and have been residents of the state of Idaho for at least thirty (30) days next preceding the granting of such license; or to a corporation or association unless the same is organized under the laws of the state of Idaho or qualified under the laws of the state of Idaho to do business in this state, and unless the principal officers and the members of the governing board are citizens of the United States and residents of the state of Idaho for at least thirty (30) days next preceding the granting of such license.
B. Any person, or any one of its members, officers or governing board, who has been convicted of any violation of the laws of the United States, the state of Idaho, or any other state of the United States, relating to the importation, transportation, manufacture or sale of liquor; or who has been convicted of any felony.
C. Any person or any one of its members, officers or governing board, who is engaged in the operation, or interested therein, of any house or place for the purpose of prostitution, or who has been convicted of any crime or misdemeanor opposed to decency and morality.
D. A person whose license issued under this chapter or by the state of Idaho has been revoked; an individual who was a member of a partnership or association which was a licensee of the state of Idaho or under this chapter and whose license has been revoked; an individual who was an officer, member of the governing board or one of the ten (10) principal stockholders of a corporation which was a licensee of the state of Idaho or under this chapter and whose license has been revoked; a partnership or association one of whose members was a licensee of the state of Idaho or under this chapter and whose license was revoked; a corporation one of whose officers, members of the governing board or ten (10) principal stockholders was a licensee of the state of Idaho or under this chapter and whose license has been revoked; an association or partnership, one of whose members was a member of a partnership or association licensed under the provisions of this chapter or by the state of Idaho and whose license has been revoked; partnership or association, one of whose members was an officer, a member of the governing board, or one of the ten (10) principal stockholders of a corporation licensed under the provisions of this chapter or by the state of Idaho and whose license has been revoked; a corporation, one of whose officers, members of the governing board, or ten (10) principal stockholders was a member of a partnership or association licensed under the provisions of this chapter or by the state of Idaho and whose license was revoked; a corporation, one of whose officers, members of the governing board, or ten (10) principal stockholders was an officer, member of the governing board, or one of the ten (10) principal stockholders of a corporation licensed under the provisions of this chapter or by the state of Idaho and whose license was revoked.
E. Any officer or employee of the state of Idaho, or any county or municipality of the state of Idaho.
F. Any officer, agent or employee of any distillery, winery, brewery or any wholesaler or jobber of liquor or malt beverages.
G. A person who does not hold a retail beer license issued under the laws of the state of Idaho and the city of Rupert.
H. A person licensed under this chapter or the laws of the state of Idaho as a bartender and whose permit as bartender has been revoked.
I. A person not within the classifications of persons set forth in section 3-8-8 of this chapter. (Ord. 534, 12-19-1972)
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