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.
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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. .
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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.
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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.
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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:
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