16-1705 Alcohol Catering Permit OrdinanceCITY OF MERIDIAN ORDINANCE NO. Ro _ ( -70 S
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
LITTLE ROBERTS, MILAM, PALMER
AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-2-6, REGARDING CITY
OF MERIDIAN ALCOHOL BEVERAGE CATERING PERMIT; RENUMBERING MERIDIAN
CITY CODE SECTIONS 3-2-6 AND 3-2-7; ADOPTING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Idaho Code section 23-934A, regarding alcohol beverage catering permits,
authorizes the City of Meridian to administer such permits for events occurring within the city; and
WHEREAS, the City Council for the City of Meridian finds the following regulations to be in the
best interest of the public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
Section 1. That a new section, section 3-2-6, shall be added to Meridian City Code, to read as
follows:
3-2-6: CITY OF MERIDIAN ALCOHOL BEVERAGE CATERING PERMIT:
A. License Required: It shall be unlawful to sell liquor by the drink, beer and wine, or beer, or wine, at a
party, festival, convention, or special event within the City of Meridian, without an alcohol beverage
catering permit from the City of Meridian.
B. Application For License; Fee: A person holding an Idaho State liquor, beer, or wine license may
apply with the City Clerk for a City of Meridian Alcohol Beverage Catering Permit by submitting a
complete application at least three (3) business days prior to the first day of the party, festival,
convention, or special event at which the permit is to be used. Application shall include payment of
the permit fee as provided by fee schedule and submission of a completed application form provided
by the City Clerk, which form shall include, but not be limited to:
1. Licensee's name and address as listed on the Idaho State alcohol license; licensee's telephone
number, license number and year;
2. Name of the party, festival, convention or special event name at which the permit is to be used, as
well as event date(s), hours, address, and expected attendance;
3. If the location of the event is a building open to the public, the room(s) in which the alcoholic
beverages are to be served; and
4. Name(s), address, and telephone number of the organizer of the event.
C. Application review: Upon receipt of all application materials required by this subsection, the City
Clerk shall refer the application to the Chief of Police and the Chief of Fire, who shall each cause an
investigation to determine whether the proposed alcohol beverage catering may be conducted in
accordance with all applicable provisions of law. The Chiefs and/or their designees shall endorse upon
the application the findings of the investigation, and any conditions sufficient to ensure public safety,
and return it to the City Clerk. Upon receipt of the Chiefs' findings, the City Clerk or designee shall
ALCOHOL BEVERAGE CATERING PERMIT ORDINANCE UPDATE PAGE 1 OF 4
either issue a City of Meridian alcohol beverage catering permit to the applicant, with all
endorsements and conditions set forth on such permit, or deny the application. The City Clerk shall
provide a copy of the issued permit to the applicant, Chief of Police, Chief of Fire, and Director of the
Alcohol Beverage Control Division of Idaho State Police.
D. Permit denial: The City Clerk shall deny an application for a City of Meridian Alcohol Beverage
Catering permit where:
1. The application is incomplete or required application materials or fees have not been timely
submitted;
2. Investigation of such application or application materials reveals that provided information is
invalid, false, or incomplete; or
3. The Police or Fire Chief recommends denial on the grounds that such permit cannot be lawfully
issued, or would create or increase the risk of a threat to the public health, safety, or welfare and
such risk cannot be mitigated under the circumstances presented in the application.
Where an application for a City of Meridian alcohol beverage catering permit is denied, the City Clerk
or designee shall notify the applicant of such denial in writing, which shall include notice of the right
to appeal such decision, if any, as set forth in this subsection. There shall be no right to appeal a
denial on the grounds that the application is incomplete or required application materials or fees were
not timely submitted. Written notice of the denial shall be sent via U.S. mail or personally delivered
to the applicant at the address set forth on the application.
E. Appeal of denial: Appeal of the City Clerk's denial of an application for a City of Meridian Alcohol
Beverage Catering permit may be made by the applicant within three (3) days of such issuance or
denial, except that there shall be no right to appeal a denial on the grounds that the application is
incomplete or required application materials or fees were not timely submitted. Such appeal shall be
made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via
U.S. mail or in person. Upon receipt of such appeal, the city clerk shall schedule a public hearing on
the appeal at the next council meeting at which the appeal can be duly noticed. The City Council's
decision on such appeal shall be a final decision.
F. Revocation of permit: The City Clerk may revoke a a City of Meridian Alcohol Beverage Catering
permit where:
1. A term or condition of the license is violated by the permittee;
2. In the course of serving alcoholic beverages under such permit, the permittee violates a provision
of this section or of any other local, state, or federal law;
3. It is found, after issuance of such permit, that alcoholic beverages cannot be lawfully and safely
served under such permit; and/or
4. It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or
incomplete information on the application.
The city clerk shall notify the permittee of such revocation in writing, and shall mail such notice to the
permittee at the mailing address set forth in the permit application. Such revocation shall be effective
immediately upon mailing by the City Clerk. Appeal of the City Clerk's revocation of a City of
Meridian Alcohol Beverage Catering permit may be made by the permittee. Such appeal shall be
made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via
U.S. mail or in person within five (5) days of such revocation. Upon receipt of such appeal, the city
clerk shall schedule a public hearing on the appeal at the next council meeting at which the appeal can
be duly noticed. The City Council's decision on such appeal shall be a final decision.
ALCOHOL BEVERAGE CATERING PERMIT ORDINANCE UPDATE PAGE 2 of 4
Section 2. That Meridian City Code sections 3-2-6 and 3-2-7 shall be renumbered as follows:
3-2-67: LIQUOR RELATED OFFENSES:
A. Open Container In Public: It shall be unlawful for any person to consume any alcoholic beverage or
to have in his or her possession any open container of any alcoholic beverage on any public property
or property open to the public, including any street, sidewalk, alley, publicly accessible parking lot, or
other public or private property open to the public; provided that consumption or possession of an
open container of an alcoholic beverage may lawfully occur in such time, place, and manner duly
licensed or permitted by the city and other operation of law.
B. Removal Of Open Container From Licensed Premises: It shall be unlawful for any person to
remove an open container containing any alcoholic beverage from the premises of any business
establishment which holds a beer, wine or liquor license. 'Premises" shall mean the building and
contiguous property owned, or leased, or used under government permit, by the holder of a liquor,
wine or beer license as part of the business establishment in the business of the sale, at retail, of
liquor, wine or beer, which property is improved to include decks, docks, boardwalks, lawns, gardens,
golf courses, courtyards, patios, abutting sidewalks, poolside areas, or similar improved appurtenances
in which, or on which, the sale of liquor, wine or beer is authorized by the city.
3-2-75: 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 Idaho Code title 23, as applicable, whichever may be more of a
penalty.
Section 3. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 4. That this ordinance shall be effective immediately upon its passage and publication.
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PASSED by the City Council of the City of Meridian, Idaho, thisI J day of , 2016.
APPROVED by the Mayor of the Cit Meridian, Idaho, this ' da f �16.
Tammy Q/Weerd, Mayor
TREAS����t
ATTEST:
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