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210 Sale of Wine 88 ORDJNANCE NO. 210 AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, PROVIDING FOR THE RETAIL SALE OF WINE IN ACCORDANCE WITH CRAP.PER 156 SESSION LAWS, FIRST REGULAR SESSION FORTY-FIRST LEGISLATURE, STATE OF IDAHO, BY' PROVIDING DEFINITIONS; REQUIRING A CITY LICENSE, DE? INING '!~ TEE QUALIFICATIONS OF A LICENSEE; ESTABLISHING THE LICENSE FEE; SETTING RESTRICTIONS ON TRANSFER OF LICENSES; REGULATING PLACES OF SONSUMPTION; SETTING FORTH rnNDITIONS OF FOS;"; '<; - - SESSION; PROHIBITING PERSONS FROM DRIVING UPON A PUBLIC HIGHlY-AI OR STREET WHlIE CONSUMING OR IN POSSESSION OF AN OPEN CONTAINER OF WINE; PROVIDING A PENALTY FOR'VIOLATION; PRO- VIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, B,E IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: S~ction 1. The following terms as used in this act are hereby defined as follows: (a) "Wine" shall mean any alcoholic beverage containing not more than fourteen percent (14%) alcohol by volume obtained by the fermentation of the natural 8ugar content of fruits or other agricultural products containing sugar. (b) "Commissioner" means the commissioner _of !av -enforcement of the State af Idaho. (c) "Retail Wine License" means a license issued by t.he commissioner, author- izing a person to sell wine at retail. (d) "Ret.ailer" maans a person to whom a retail wine license has been issued. (e) "Person" includes an individual, firm, copartnership, association, corporation, or any group or combination acting as a unit, and includes the plural as well as the singular unless the intent to give a more limited meaning is disclosed by the oontext in which it is used. I Section 2~.. LICENSE ~UIRED: It shall be la'Wf\11 for any person to sell wine at a retail within the corporate limits of the city after having first procured a license therefor. Section 3. APPLICATION FOR UCENSE: -Application for license shall be in writing, signed and sworn to by the applicant upon application forms furnished by the Clerk and presented to the Mayor and Council at the next meting of the council for their approval, rejection, or futher consideration. Section 4. QUALIFICATIONS:.- The applicant for a license shall possess all at t.he qualifications necessary to obtain a license f'rctm:::-the Commissioner of Law Enforcement of the State, as prescribed by the laws of the State, and maintain such qualifications throughout the period for which such license is issued. The possession of licenses regularly issued by the Department of law Enforcement and the County in addition to a City beer license, shall be prima facie evidence of the applicant's qualifications to receive a license hereunder. Section 5. LICENSE FEE: The license fee imposed and collected shall be the sum of $100.00 per year. Such license year shall be from 12:01 a.m. January 1 through December 31, provided, however, any license issued during the year 1971 shall be $50.00. - Section 6. ISSUANCE OF LICENSE:: Upon filing the application for a license and J3rodllction of evidence as required by section 4 herein as to the qualifications of the applicant and by the payment of the required license fee, t.he clerk shall upon approval of t.he Council, issue to the applicant a lioense to sell wine at. retail within the muni~ipality for such calendar year ar the remainder thereof. . - - Section 7. UCENSE RESTRICTIONS: The assignment or transfer of a -wine license sha~l be the same as provided by Section number 3-207 of the Ordinance of the City of Meridian for the assignm3nt or_transfer of a beer license. Stlction S. CONSUMPTION ON PREMISESt Retailers who do not. possess a valid license for the retail sale of liquor by the drink shall not permit consumpt.ion of wine on the licensed premises and my sell the wine only in i 106 original unbroken, sealed container. Wine sold for consumption of the retailer's premises my be sold only during hours t.hat liquor by the drink _1' be sold pursuant to the laws of this State. Wine sold by t.he retailer tor consumption off the premises of the retailer may be sold only during the hours that. beer -'1' be sold pursuant to the lava. _of__ t.his Stat,e. ,-- -- Section 9. POSSESSION: No person nay, while operating or ridvilig i:p.. or -upon a public lUghwy of -l;,his state, have in his possession any wine in an oPen or~ unsealed container of any kind. '., -:-. ,/ 89 ORDINANOE NO. 210 Cont1d Section 10. MISREPRESENTATION OF AGE: (a) No person under the age of twenty-ana (21) years my purohase, oonsume lOr possess vine.' ' (b) No person shall give~ sell, or'deliver Yine to any person uriderthe age of twenty-one (21) years. (c) No person under the age ef twenty-one (21) years shall by any means repre- sent to any retailer or distributor or to arq agent or e~loyee of such retailer or distribut.or that he or she is twenty-one (21) years or more of age for the purpose of inducing such retailer or distributor, or his agent or employee; to sell, serve or dispense wine to such person. (d) No person shall, b.r any means, represent to any retailer or distributor or the agent or employ~e.of suoh retailer or distributor, that any other person is twenty-one (21) . years or mora of age, when in faot suoh other. person is under the age of twenty-one (21) years, for the purpose of inducing such retailer or'distributor, or the agent or employee' of such retailer or distributor, to sell, serve, or dispense 'Wine to suoh other person. . Section 11. REvOCATION OF LICENSE: The right shall be and relJlliin at all t1100S vested in the Mayor and Council, and the Mayor and Council may,' as hereinafter pro- vided revoke or oancel any license for fraud or misrepresentation in its procurement, or for a violation of any of the provisions of this ordinanoe, or for any conduot or aot of the licensee or his employees or any conduct or act permitted by him or them on the premises where such business is conduoted, or in oonnection therewith or adjacent thereto, tending to render such business or suoh premises where the same is conducted as a public nuisance or a menace to the health, peace, safety or general welfare o! the City; provided, that revocation or suspension of the State license by the Commissioner of Law Enforcement shall be deemSd prim !acie evidence for revocation or suspension ot the license issued herein. Seotion 12. PENALTY: Any person who violates any of the provisions of' this aot or fails to o011q)ly 'With any of the terms and. oonditions of this aot. shall be guilty of a misdemeanor. .I Section 13. SEVERABILITY: The provisions of this act are, hereby declared to be ,severable and if any provisions of this act or the application o!such provision to any person or oircumstance is declared invalid for any reason, such deolaration shall not affect the validity of the remaining portions of this Ordinance. Seotion 14. This Ordinanoe shall be in..f\t11 !orce and effect !rom and after its passage, approval and publication as required by lave Passed by the City Council and approved by the Mayor of the City of Meridian, Ada 'Count.y, Idaho, this 23rd day of June, 1971. ATTEST: . -,"- - AfC t.2??/ S?eF?/I'/1/~ c::i'.I'''kS t., ;;2.;F71 .....-.: :.-' ~ ,.."...... --. J "__"-- ~ ._~ -......-........ " "'" ,~ . -,. - ~ .~. '"'-..,...... ,"