Loading...
HomeMy WebLinkAbout684 Beer, Wine, Liquor Ordinance442 ORDINANCE NO.., f84__ AN ORDINANCE OF THE CITY OF MERIDIAN .REPEALING CHAPTERS TWO, BEER, SALE AND REGULATION, THIRTEEN, RETAIL SALE OF LIQUOR BY THE DRINK, AND SIXTEEN, WINE, OF TITLE III, BUSINESS REGULATIONS, OF THE .REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; AND RE-ENACTING CHAPTER TWO, TITLE III; BUSINESS REGULATIONS, TO ADOPT THE STATE OF {DAHO STATUES ON BEER, LIQUOR AND WINE, AND TO ESTABLISH LICENSING AND TRANSFER FEES AND REGULATIONS FOR BEER, LIQUOR AND .WINE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to repeal Chapters Two, Beer, Sale and Regulation, Thirteen, Retail Sale of Liquor by the Drink, and Sixteen, Wine, of Title III, Business Regulations, of the Revised. and Compiled Ordinances of the City of Meridian and to re-enact Chapter Two, Title III,. Business Regulations,. of the. Revised at~d Compiled Ordinances of the City of Meridian to adopt the State of Idaho statutes on beer, liquor and wine, and to establish licenseing and transfer fees and regulations for beer, liquor and wine. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY CQUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION. 1: That Chapters Two, Beer, Sale and Regulations, Thirteen, .Retail Sale of Liquor by the Drink, and Sixteen, Wine, of Title III, Business Regulations, of the Revised and Compiled Ordinances of the City of Meridian SECTION 2: That Chapter Two, Title III, Business Regulations, of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and adopted and which shall read as follows: CHAPTER 2 BEER,. WINE, AND LIQUOR 3-201: ADOPTION OF BEER, WINE AND LIQUOR LAWS: There. is hereby adopted for the purpose of governing the licensing, sale and use of alcoholic beverages within the City, the laws of the State of Idaho, being particularly Title 23, Idaho Code, as .presently in effect or as may be hereafter amended by the Legislature of the State of Idaho and or by the City Council of the City of Meridian, as may be contained in that certain volume "Idaho Liquor and Beer Laws" revised through acts of the Legislature, published by authority of the Department of Law Enforcement, Liquor Law Division, as the same may LIQUOR, BEER, AND WINE ORDINANCE PAGE 1 443 be revised by the Legislature or by the City Council of the City. of Meridian. The same are. hereby adopted and incorporated herein as an ordinance of the City as fully as though. set forth in full herein. Three (3) copies of the Idaho Liquor and Beer Laws; together with all amendments thereto, shall be kept on file in the office of the City Clerk for use and examination of and by the public. 3-202: LIQUOR BY THE DRINK: It shall be lawful to sell ,liquor by the drink within . the City of Meridian, as provided in Chapter 9, Title 23, Idaho Code, provided a license shall first be obtained from the City of Meridian for the sale of liquor by the drink; and applicant for a liquor by`the drink license shall make application to the City Clerk, pay. the .. license fee of 75% of the amount of the license fee collected by the Director of the, Department of Law Enforcement of the State of Idaho pursuant to the provisions of .. Chapter 9, Title 23, Idaho Code; if the Hcense fee is paid prior to July 1, the fee shall be prorated, but if the lirsense fee is paid after July 1, the fee shall not be prorated and shall be one-half (1/2) of the annuat license fee; the application shal be submitted to the Chief, of Police for investigation and report to the Mayor and City Council; the application .must. be approved by the Mayor and City Council; licesnes may. be .transferred. under the provisision of Chapter 9, Title 23, Idaho Code, provided. the tranferee meets.. the requirements of a license, has paid a transfer fee of Fifty DoNars ($50.00) and the Mayor and City Council have approved of the transfer of the license. 3-203: WINE: It shall be lawful to sell wine within the City of Meridian,. ad provided in Chapter 13, Title 23; Idaho Code, provided a license shall fast be obtained. from the City of Meridian for the sale of wine; and applicant for a wine license shall make application to the City Clerk, pay the license fee of TWO HUNDRED DOLLARS ($200.00); if the license fee is paid prior to July 1, the fee shall be prorated, but if the license fee is paid after July 1, the fee shall not be prorated and shall be one-half (1 /2) of the annual .license fee; the application shall be submitted to the Chief of Police for: investigation and report to ;the Mayor and City Council; the application must be approved by the°Mayor and City Council; licenses may be transferred under the provisisions of Chapter 13, Title 23, Idaho Code, provided the transferee meets the requirements of a licensee, has paid a transfer fee of LIQUOR, BEER, AND WINE ORDINANCE - PAGE 2 444 Fifty Dollars ($50.00) and the Mayor and City Council have approved of the transfer of the license; any establishment, lounge, or bar, that has a liquor license by the drink license, need not also have a wine license to sell wine by the drink or by the bottle, for consumption on the licensed premises. 3-204: BEER: It shall be lavvful to sell beer within the City of Meridian, as provided in Chapter 10, Title 23, Idaho Code, provided a license shall first be obtained from the City „ of Meridian for the sale of beer; an applicant for a beer license shall make application to the City Clerk, pay the license fee of TWO HUNDRED DOLLARS ($200.00); if the license fee is paid prior to July 1, the fee shall be prorated, but if the license fee is paid.. after. July 1, the fee shall not be prorated and shall be one-half (1l2) of the annual license fee; the application- shall be submitted to the Chief of Police far investiga#ion and report to the Mayor and City Council; the application must be approved by the Mayor and City Council; licenses may be transferred under the provisions of Chapter 10, .Title 23, adaho Code, provided the transferee meets the requirements of a licensee, has paid a transfer fee of Fifty Dollars ($50.00) and the Mayor and City Council have approved of the transfer of the license. 3-205: ELECTIONS: The City of Meridian shall follow the State laws for the sale of liquor by the drink, wine and beer on election days and liquor by the drink,.wine and beer may be sold on and during City elections. 3-206: PENALTY: Any person found to be violating any of the provisions of the Chapter shall be guilty of a misdemeanor or such provision or penalty contained in Title 23, Idaho Code, as applicable which ever maybe more or a penalty., 3-207: SEVERABILITY: If any provisions of this Ordinance are declared to be unconstitutional, unlawful or invalid; the remaining provisions hereof shall remain constituional, lawful or valid. SECTION3: EFFECTIVE DATE: -The effective date of this ordinance shall be the date of its publication; which shall be not later than December 30, 1994. PASSED AND APPROVED this 20th day of December, 1994:. ~ APPROVED MAYOR -GRAN P. KI SFORD ATT T: ~~ ' ~._.., WILLIAM G. BERG, JR., ERK LIQUOR, BEER, AND WINE ORDINANCE PAGE 3 ORDINANCE NO. V 9 4- AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTERS TWO, BEER, SALE AND REGULATION, THIRTEEN, RETAIL SALE OF LIQUOR BY THE DRINK, AND SIXTEEN, WINE, OF TITLE III, BUSINESS REGULATIONS, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; AND RE- ENACTING CHAPTER TWO, TITLE III, BUSINESS REGULATIONS, TO ADOPT THE STATE OF IDAHO STATUTES ON BEER, LIQUOR AND WINE, AND TO ESTABLISH LICENSING AND TRANSFER FEES AND REGULATIONS FOR BEER, LIQUOR AND WINE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to repeal Chapters Two, Beer, Sale and Regulation, Thirteen, Retail Sale of Liquor by the Drink, and Sixteen, Wine, of Title III, Business Regulations, of the Revised and Compiled Ordinances of the City of Meridian and to re-enact Chapter Two, Title III, Business Regulations, of the Revised and Compiled Ordinances of the City of Meridian to adopt the State of Idaho statutes on beer, liquor and wine, and to establish licensing and transfer fees and regulations for beer, liquor and wine. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapters Two, Beer, Sale and Regulation, Thirteen, Retail Sale of Liquor by the Drink, and Sixteen, Wine, of Title III, Business Regulations, of the Revised and Compiled Ordinances of the City of Meridian. SECTION 2: That Chapter Two Title III, Business LIQUOR, BEER, AND WINE ORDINANCE Page - ^N Regulations, of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and adopted and which shall read as follows: CHAPTER 2 BEER, WINE AND LIQUOR 3-201: ADOPTION OF BEER, WINE AND LIQUOR LAWS: There is hereby adopted for the purpose of governing the licensing, sale and use of alcoholic beverages within the City, the laws of the State of Idaho, being particularly Title 23, Idaho Code, as presently in effect or as may be hereafter amended by the Legislature of the State of Idaho and or by the City Council of the City of Meridian, as may be contained in that certain volume "Idaho Liquor and Beer Laws" revised through acts of the Legislature, published by authority of the Department of Law Enforcement, Liquor Law Division, as the same may be revised by the Legislature or by the City Council of the City of Meridian. The same are hereby adopted and incorporated herein as an ordinance of the City as fully as though set forth in full herein. Three (3) copies of the Idaho Liquor and Beer Laws, together with all amendments thereto, shall be kept on file in the office of the City Clerk for use and examination of and by the public. 3-202: LIQUOR BY THE DRINK: It shall be lawful to LIQUOR, BEER, AND WINE ORDINANCE Page - ^N sell liquor by the drink within the City of Meridian, as provided in Chapter 9, Title 23, Idaho Code, provided a license shall first be obtained from the City of Meridian for the sale of liquor by the drink; an applicant for a liquor by the drink license shall make application to the City Clerk, pay the license fee of 75% of the amount of the license fee collected by the Director of the Department of Law Enforcement of the State of Idaho pursuant to the provisions of Chanter 9, Title 23, Idaho Code; if the license fee is paid prior to July 1, the fee shall be prorated, but if the license fee is paid after July 1, the fee shall not be prorated and shall be one-half (1/2) of the annual license fee; the application shall be submitted to the Chief of Police for investigation and report to the Mayor and City Council; the application must be approved by the Mayor and City Council; licenses may be transferred under the provisions of Chapter 9, Title 23, Idaho Code, provided the transferee meets the requirements of a licensee, has paid a transfer fee of Fifty Dollars ($50.00) and the Mayor and City Council have approved of the transfer of the license. 3-203: WINE: It shall be lawful to sell wine within the City of Meridian, as provided in Chapter 13, Title 23, Idaho Code, provided a license shall first be obtained from the City of Meridian for the sale of wine; an applicant for a �., LIQUOR, BEER, AND WINE ORDINANCE Page - A wine license shall make application to the City Clerk, pay the license fee of TWO HUNDRED DOLLARS ($200.00); if the license fee is paid prior to July 1, the fee shall be prorated, but if the license fee is paid after July 1, the fee shall not be prorated and shall be one-half (1/2) of the annual license fee; the application shall be submitted to the Chief of Police for investigation and report to the Mayor and City Council; the application must be approved by the Mayor and City Council; licenses may be transferred under the provisions of Chapter 13, Title 23, Idaho Code, provided the transferee meets the requirements of a licensee, has paid a transfer fee of Fifty Dollars ($50.00) and the Mayor and City Council have approved of the transfer of the license; any establishment, lounge, or bar, that has a liquor by the drink license, need not also have a wine license to sell wine by the drink or by the bottle, for consumption on the licensed premises. 3-204: BEER: It shall be lawful to sell beer within the City of Meridian, as provided in Chapter 10, Title 23, Idaho Code, provided a license shall first be obtained from the City of Meridian for the sale of beer; an applicant for a beer license shall make application to the City Clerk, pay the license fee of TWO HUNDRED DOLLARS ($200.00); if the license fee is paid prior to July 1, the fee shall be prorated, but if the license fee is paid after July 1, the fee shall not be LIQUOR, BEER, AND WINE ORDINANCE Page - ^N prorated and shall be one-half (1/2) of the annual license fee; the application shall be submitted to the Chief of Police for investigation and report to the Mayor and City Council; the application must be approved by the Mayor and City Council; licenses may be transferred under the provisions of Chapter 10, Title 23, Idaho Code, provided the transferee meets the requirements of a licensee, has paid a transfer fee of Fifty Dollars ($50.00) and the Mayor and City Council have approved of the transfer of the license. 3-205: ELECTIONS: The City of Meridian shall follow the State laws for the sale of liquor by the drink, wine and beer on election days and liquor by the drink, wine and beer, may be sold on and during City elections. 3-206: PENALTY: Any person found to be violating any of the provisions of this Chapter shall be guilty of a misdemeanor or such provision or penalty contained in Title 23, Idaho Code, as applicable which ever may be more of a penalty. 3-207: SEVERABILITY: If any provisions of this Ordinance are declared to be unconstitutional, unlawful or invalid, the remaining provisions hereof shall remain constitutional, lawful or valid. SECTION 3: EFFECTIVE DATE: The effective date of this Ordinance shall be the date of its publication, which shall be not LIQUOR, BEER, AND WINE ORDINANCE Page - ^N later than December 30, 1994. PASSED AND APPROVED this 20th day of December, 1994. CITY OF MERIDIAN ATTEST: WILLeG. BERG, JR.,WITC-LERK LIQUOR, BEER, AND WINE ORDINANCE �! .�i - • • . . rr Page - A