384 Application for License
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ORDINANCE NO. 384
AN ORDINANCE REPEALING SECTION 3-203, ENTITLED APPLICATION FOR LICENSE, OF TITLE
III, CHArTER 2, ENTITLED BEER, SALE AND REGULATION, OF THE REVISED AND COMPILED
ORDINANCES OF THE CITY OF MERIDIAN, AND ENACTING A NEW SECTION 3-203, APPLICATION
FOR LICENSE, RELATING TO LICENSE APPLICATION; FILING PROCEDURE TO SELL BEER AT RE-
TAIL; APPLICATION PROCEDURE AND FORM, SHOWING OF ELIGIBILITY OF LICENSE AND DIS -
QUALIFICATIONS; NAME AND PLACE OF RESIDENCE OF APPLICANT; PLACE FOR WHICH LICENSE
IS DESIRED; APPLICATION TO AFFIRMATIVELY SHOW THE OWNER, THE CONDITION OF BUILD-
ING OR PLACE WHERE SALE IS CONDUCTED, STATUS OF ANY PERMITS BY THE UNITED STATES;
SHOWING APPLICANT NOT LESS THAN 19; SHOWING NO COVICTION FOR CERTAIN VIOLATIONS OF
THE LAW WITHIN THE PAST 3 YEARS; NO CONVICTION OF ANY FELONY WITHIN THE PAST 5
YEARS; NO REVOCATION OF ANY LICENSE FOR PAST 3 YEARS: NO CONDUCT KNOWINGLY ALLOW-
ED ON PROPERTY, BY PERSONS UNCLOTHED, NO NUDE DANCING, AND DEFINITIONS; LICENSEE
SHALL NOT PERMIT OR ENCOURAGE CERTAIN ACTIONS; NO EMPLOYEE TO WEAR CERTAIN DEVICES
OR COVERINGS WHICH SIMULATES CERTAIN PARTS OF THE BODY; NO PERSON TO PERFORM CER-
TAIN ACTS, WHICH SIMULATES CERTAIN SEXUAL FUNCTIONS; NO USE OF ARTIFICIAL DEVICES:
NO PERSON TO REMAIN IN OR UPON LICENSED PREMISES WHO EXPOSES TO PUBLIC VIEW ANY
PORTION OF HIS OR HER GENITALS OR ANUS; NO SHOWING OF CERTAIN FILMS, AS DEFINED;
AFFIRMATIVE SHOWING REQUIRED OF APPLICANT: APPLICATION SUBSCRIBED AND SWORN TO BY
INDIVIDUAL OR APPLICANT; FAILURE TO MAKE AFFIRMATIVE SHOWING OR IF FALSE MATERIAL
STATEMENT MADE RESULT IS DISQUALIFICATION FOR LICENSE; APPLICATIONS ALREADY FILED
PRIOR TO EFFECTIVE DATE OF THIS ORDINANCE; EFFECTIVE DATE.
Whereas, the City Council and the Mayor of the City of Meridian, have con-
cluded that it is in the best interest of said City of repeal Section 3-203,
Application for License, of Title III, Chapter 2, Beer, Sale and Regulation, of
the Revised and Compiled Ordinances of the City of Meridian, Ada County, Idaho,
and to enact a new Section 3-203, to be entitled Application for License, of Title
III, Chapter 2, so as to be more specific.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF MERIDIAN, AND THE
CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO,
Section 1. That Section 3~203, Title III, Chapter 2, of the Revised and Com-
piled Ordinances of the City of, Mertdian is hereby repealed.
Section 2. That the following Section 3-203, Title III, Section 2, ofthexe-
vised and Compiled Ordinances of the City of Meddian is hereby adopted a.nd snaH~
read as follows:
3-203
(A)
I
APPLICATION FOR LICENSEl
License Application - Filirig Procedure:
(1) Every person who applies for a 1 icense to sell beer at retail shall
tender the license fee to, and file wdtten application for license
with the clerk. ~
(2) The application shall be on a form prescribed by the clerk, which~.'~ "
shall requi re such information concerning the appl icant, thepre':'..',<"
mises for which the license is sought and business to be conducted
thereon by the appHcant, as shall be required by the 1 aws of the
State of Idaho, which shall enable the clerk to determine that the
applicant is eligible and has none of the disqualifications for
1 i cense as provided by the 1 aws of the State of Idaho and the
Ordinances of the City of Meri di an.
(B) License Application - Contents:
(1) The information in the application provided for in Paragraph (A)
of this Ordinance shall include the following:
(a) The name and place of residence of the applicant and length of
his residence within the State of Idaho, and if the applicant
is a partnership, the names, places of residence and lengths
of residence within the State of Idaho of each partner, and,
if the applicant is a corporation or association, the date and
place of incorporation or organization, the location of its
principal place of business in Idaho and the names and places
of residence of its officers, directiors or members of its gov-
erning board, and of the person who manages or will manage the
business of selling beer at retail;
(b) The particular place for which the license is desired, desig-
nating the same by a street and number, if practicable, or by
such other apt description as definitely locates such place,
and the name of the owner of the premises for which license
is sought;
(2) The application shall affirmatively show:
(a) That the applicant is the bona fide owner of the business
which will be engaged in the sale of beer at retail and with
respect to which license is sought;
(b) That the condition of the place or building wherein it is pro-
posed to sell beer at retail conforms to all laws and regula-
tions of the State of Idaho and to the ordinances of the county
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(c)
and municipality apphcable':thereto relating to public health and
safety and to the zoning ordinances of the municipality applicable
thereto;
That there is no stamp or permit outstanding and in force which has
been issued to any person by the United States government for the
premises for which license to sell beer at retail is sought which
stamp or permit denotes payment of any special tax imposed by the
United States government on a retail dealer in liquor or wines, un-
less said premises are premises for which a retail license for sale
of liquor by the drink, issued under the provisions of Chapter 9,
Title 23, Idaho Code, is in force and effect;
That the individual applicant, or each partner of a partnership
applicant, is a citizen of the United States; or with respect to a
corporation or association, that it is qualified to do business
within the State of Idaho and that the person who is or will be the
manager of the corporation's or association's business of selling
beer at retail is a citizen; further, that such individual applicant,
at least one (1) of the partners of the partnership applicant, and
said manager of the corporation or association applicant, shall have
been a bona fide resident of the State of Idaho for at least thirty
(30) days prior to the date of application;
That the applicant, if an individual, is not less than nineteen
(19) years of age;
That within three (3) years immediately preceding the date of fil-
ing the application, the applicant has not been convicted of the
violation of any law of the State of Idaho, any other State, or of
the United States, regulating, governing or prohibiting the sale,
manufacture, transportation or possession of alchoholic beverages
or intoxicating liquors, or within said time, suffered the forfei-
ture of a bond for failure to appear in answer to charges of any
such-violation;
That within five (5) years immediately preceding the date of filing
the application, the applicant has not been convicted of any felony
or paid any fine or completed any sentence of confinement therefor
within said time;
That within three (3) years next preceding the date of filing said
application, the applicant has not had any license provided for
herein, or any license or permit issued to the applicant pursuant
to the law of this State or any other state, or of the United States,
to sell, manufacture, transport or possess alcoholic beverages or
intoxicating liquors, revoked;
That no person, partnership, association, or corporation conducts
or knowingly permits in or upon the premises:
1. Employment or use of any person, paid or unpaid in or upon the
licensed premises, while such person is unclothed or in such at-
tire, costume, or clothing as to expose to view any portion of
the female breast below the top of the areola or any portion of
the pubic hair, anus, cleft of the buttocks, vulva or genitals;
2. Any nude dancing, on the premises, such nude dancing being de-
fined as, any female who dances, acts or simulates dancing, who
is unclothed or in such attire, costume, or clothing as to ex-
pose the portion of the female breast below the top of the areola
or of any portion of the pubic hair, anus, cleft of the buttocks,
vulva or genitals, or any male who dances, acts or simulates
dancing, who is unclothed or in such attire, costume, or clothing
as to expose to view any portion of the male genitals, pubic
hair, anus or cleft of the buttocks;
3. Encourages or permits any person on the licensed premises to
touch, caress or fondle the breast, buttocks, anus, or_genitals
of any other person; - - - -
4. Any employee or person to wear or use any device or cQv~ring~_
exposed to view, which simulates the breast, genit~ls, ahu~, :
pubi c hair or any porti on thereof; - - /:.
5. Any person to perform acts of or acts which simulates: sexual:::.:
intercourse, masturbation, sodomy, bestiality, oral copulatioh~- ~
flagellation or any sexual acts; the touching, caressing or _:__'
fondling of the breast, buttocks, anus, or genitals; the_c.Hs-
playing of the pubic hair, anus, vulva or genitals; _
6. Any person to use artificial devices or inanimate obj~ctsto
depict any of the prohibited activities described in para-
graph (i) subsection (5) above;
7. Any person to remain in or upon the licensed premises who ex-
poses to public view any portion of his or her genitals or anus,
or any portion of the body described in paragraph (i) (2) above;
(d) _-
(e)
( f)
(g)
(h)
(i)
250
8. The showing of films, still pictures, electronic reproduc~
tions, or other visual reproductions depicting:
(i) Acts or simulated acts of sexual intercourse, masturba-
tion, sodomy, bestiality, oral copulation, flagellation or any sexual acts.
(ii) Any person being touched, caressed or fondled on the br-
east, buttocks, anus or genitals;
(iii) Scenes wherein a person displays the vulva or the anus or
the genitals;
(iv) Scenes where artificial devices or inanimate objects are
employed to portray any of the prohibited activities described in paragraph
(8) (2) (i) 8 (i), (ii), or (iii)
(3) The affirmative showing required with respect to an applicant under
(e), (f), (9) and (h) of (8) (2) hereof shall also be required to be made
with respect to each partner of a partnership applicant and to each incum-
bent officer, director or member of the governing board of a corporation or
association applicant, and to each person then employed by an applicant
whose duties include the serving or dispensing of beer.
(4) The application must be subscribed and sworn to by the individual
applicant, or by a partner of a partnership applicant, or by an officer or
manager of a corporation or association applicant, before a notary public
or other person authorized by law to administer oaths.
(5) If an applicant shall be unable to make any affirmative showing
required in this section or if an application shall contain a false material
statement, knowingly made, the same shall constitute a disqualification for
license and license shall be refused. If license is received on any applica-
tion containing a false material statement, knowingly made, such license
shall be revoked. If at any time during the period for which license is is-
sued a licensee becomes unable to make the affirmative showings required by
this section, license shall be revoked, or, if disqualification can be re-
moved, the license shall be suspended until the same shall be removed. The
procedure to be followed upon refusal, revocation, or suspension of license
as herein provided for shall be in accordance with the laws of the State of
Idaho, and the City Council reognizes the Administrative Procedures Act of
the State of Idaho and such suspension shall be pursuant to said act located
in Chapter 52, Title 67 of the Idaho Code, or such other procedures as from
time to time the Legislature of the State of Idaho shall enact.
(C) Prior Applications and Retroactive Effect:
This Ordinance shall apply to all persons, partnerships, corporations
or other business entities which presently hold a license. All applica~
tions for licenses for the year 1980 shall be deemed to have included the
showing and representations required under this Ordinance. Provided, how-
ever, that if the person, partnership, corporation or other business entity
holding the license cannot make the affirmative showings required by this
Ordinance, the license shall be revoked or suspended as required under par-
agraph (8) (5) above.
(D) Construction:
This Ordinance shall be construed in conjunction with the other laws of
the City of Meridian relating to the sale of beer such that there shall be
no conflict, but, in the event there is, the most recent enactment shall
govern.
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Section 3. WHEREAS, there is an emergency therefor, which emergency is
declared to exist, this Ordinance shall take effect and be in force and ef-
fect from and after its passage, approval and publication as required by law.
PASSED by the City Council and approved by the Mayor of the City of
Meridian, Ada County, Idaho, this 19th day of January, 1981.
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