428 Beer Sales & Regulation
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ORDINANCE NO. 7'2 [
AN ORDINANCE AMENDING CHAPTER 2, TITLE 3, BEER SALE AND PEGULATION,
REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY,
SPECIFICALLY SECTIONS 3-204, 3-210 and 3-212, TO BE EFFECTIVE
UPON APPROVAL HEREOF.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho have concluded that it is in the best interest of
said City to amend Chapter 2, Title 3, Beer Sale and Regulation,
effective upon approval hereof,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF
MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF !,IIERIDIAN, ADA COUNTY,
IDAHO,
Section 1. That Chapter 2, Title 3 shall be amended,
specifically Sections 3-204, 2-310 and 3-212 thereof , effective
upon approval hereof, and those Sections being amended shall read
as follows:
3- 204 :
LICENSES NOT TO BE GRANTED TO CERTAIN PERSONS:
No license shall be tranted to the following
persons:
(A) A person who is not of good moral character.
(B) A person who is not devoted to the government of the United
States, and who is incapable of understanding the laws of the
united States, the State of Idaho, and the Ordinances of the
City of Meridian.
(C) A person under nineteen (19) years of age.
(D) A person to sellar dispose of beer by peddling.
(E) To any person to sell for consumption (except a licensed
person authorized to sell beer not to be used or drunk on
the premises) within four hundred feet (400'), measured
on street lines, of any block in which a public school
building is located.
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AMBROSE,
FITZGERALD
&. CROOKSTON
Altorneys and
Counselors
P_O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
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(F) To any person to sell in any room where there shall be
screens, boxes, curtains, frosted windows, subdued
lights, swinging doors, alcoves, booths, stalls, or any
obstruction to the complete view from the interior of such
premises, to all parts of the room on the premises where
beer is sold.
(G) To any person who is not a citizen of the United states and
who has not been a bona fide resident of the State of Idaho
for a period of thirty' (30) days prior to the date of m~cing
such application.
To any person who shall have been convicted for the ViOlatiol-
of any law regulating, governing or prohibiting the sale of
alcoholic beverages or intoxicating liquor. '
3-204 A LICENSESj APPROVAL PERIOD: Any licenses granted
shall be granted by the Mayor and Council and shall
be for a period of one (1) year beginning January 1st and ending
December 31st. The Mayor and city Council shall grant or deny the
application within forty-five (45) days of the time it is filed
with the city Clerk. Whenever the Mayor and City Council deny
an application, they shall specify in writing:
(H)
(A) The statutes, ordinances and standards used
in evaluating the application;
(B) The reason for the denialj
(C) The actions, if any, that the applicant could
take to obtain the license, transfer or renewal
thereof.
In all cases where the City Council is considering applica-
tions for licenses, transfer, renewals, revocation or suspension
thereof, a transcribable verbatim record of the proceeding shall
be made. If the applicant for a license, transfer or renewal is
denied, a transcribable, verbatim record of the proceeding shall
be kept for a period of not less than six (6) months after a final
decision on the matter. upon written request and wi thin the time
period provided for retention of the record, any person may have
the record transcribed as his expense. The City Council shall
also provide for the keeping of the minutes of the proceedings.
Hinutes shall be retained indefini tely or as otherwise provided
by law. Any person aggrieved by a decision of the Mayor and City
Council may appeal the decision pursuant to the Administrative
Procedures Act, Title 67, Chapter 52, Idaho Code.
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AMBROSE,
FITZGERALD
& CROOKSTON
1'~Y5 and
15elo'5
'Ox .27
-,Idaho
.042
Telephone 888-4481
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3-204 B LICENSE: INVESTIGATION OF APPLICANTS: No license
shall be granted hereunder until there has been
an investigation by the police department of all applicants here-
under. After investigation, the applicants will be forwarded to
the City Council with a recommendation from the Chief of Police.
If the Chief of Police recommended that an application be denied,
he shall state in writing:
(A) The statues or ordinances and standards used in
evaluating the application;
(B) The reason for the denial; and
(C) The action, if any, that the applicant could take
to obtain the license, transfer or renewal thereof.
3-210 LICENSE FEE: Every person licensed under the
provisions of this Chapter shall pay the City of
Meridian, Idaho, an annual license fee for the sale of draught and
bottled beer, or draught beer only, the sum of two hundred dollars
($200.00) per annum, payable at the time application for license
is filed; provided, however, that all licenses issued under L~e
provisions of this Chapter shall explre on December 31 of the year
in which they shall be issued, notwithstanding the fact that such
license may have been issued after January 1. Provided, further,
that the fee for a license to sell beer in bottles or cans to
be taken away from the premises where sold and not to be consumed
or opened on the premises where sold, shall be fifty dollars
($50.00). A full year's license fee shall be paid regardless of
when the application for the license is made.
3-212 NOTICE AND HEARING: Whenever information shall
corne to the City Clerk, or to the Chief of Police,
that any licensee has committed any act rendering his license
subject to revocation, it shall be the duty of the Officer having
such information to forthwith submit the facts in writing to the
Mayor and Council. Should it appear to the Mayor and Council from
such report, or from other information, that there is a possible
cause for the revocation of such license, a copy of such report
shall be served upon the licensee, together with a notice citing
him to appear before the Hayor and Council for hearing of said
complaint, at a time and place fixed and stated in such notice.
In case personal service cannot be made upon the licensee, the
notice shall be mailed to the licensee, addressed to his last-known
business address. No further pleading shall be necessary. If,
upon such hearing and investigation, the Mayor and Council find
that cause exists for the revocation of such license, the same
shall be revoked by the Mayor and the Council. At -the hearing a
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transcribab~e verbatim record sha~~ be made and a decision to
revoke or suspend a ~icense sha~~ be accompanied bY findings in
writing which specifY:
(Al The statutes. ordinances and standards used in
eva~uating the ~icense or licenses;
(Bl n,e reason for the denia~; and
( cl Th e actions. if anY, that the app lic an 1: cou~ d
take to retain the ~icense. transfer or renewa~
thereof.
and anY person aggrieved bY such decision may appea~ pursuant
to the Administrative procedures Act, Tit~e 67. Chapter 52.
Idaho Code. I
==--- ::ion 2. WBEHEAS, there is an emergencY therefor, whiC ,-
emergency is dec~ared to exist, this ordinance sha~~ take effec
and be in force and effecr from and after its passage, approva~.
and pub~icatiOn as required by ~aW.
approved by the Mayor of the
thisfl!!!day of~
PASSE D by the Ci ty counci~ and
City of Meridian, Ada County, IdahO.
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ATTEST:
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I>.M6ROSE,
fITlGERI>.LO
&. CROOKSTON
I
",torneys end
counselors
P.O. 60)(42-1
MerIdIan, Idaho
83642-
Telephone 888..4461