CHAPTER 2 BEER, WINE AND LIQUOR

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1 TITLE 5 CHAPTER 2 BEER, WINE AND LIQUOR SECTIONS: ADOPTION OF BEER, WINE AND LIQUOR LAWS LIQUOR BY THE DRINK WINE BEER ELECTION DAY SALES LIQUOR RELATED OFFENSES HOURS OF SALE PENALTY ADOPTION OF BEER, WINE AND LIQUOR LAWS A. ADOPTION OF STATE LAW: With the exception of the hours of sale for Beer, Wine and Liquor, there hereby is adopted for the purpose of governing the licensing, sale and use of alcoholic beverages within the City, the laws of the State, being particularly Idaho Code Title 23, as presently in effect or as may be amended hereafter by the legislature of the State and or by the City Council of the City, as may be contained in that certain volume "Idaho Liquor and Beer Laws" revised through acts of the legislature, published by authority of the Department of Law Enforcement, Liquor Law Division, as the same may be revised by the legislature or by the City Council of the City. The same hereby are adopted and incorporated herein as an ordinance of the City as fully as though set forth in full herein. B. COPIES ON FILE: Three (3) copies of the Idaho Liquor and Beer Laws, together with all amendments thereto, shall be kept on file in the office of the City Clerk for use and examination of and by the public LIQUOR BY THE DRINK A. LICENSE REQUIRED: It shall be lawful to sell liquor by the drink within the City, as provided in Idaho Code Chapter 9, Title 23, provided a license shall first be obtained from the City for the sale of liquor by the drink. B. APPLICATION FOR LICENSE; FEE: An applicant for a liquor by the drink license shall make application to the City Clerk and pay the license fee. If the license fee is paid prior to July 1, the fee shall be prorated, but if the license fee is paid after July 1, the fee shall not be

2 prorated and shall be one-half (1/2) of the annual license fee. approved by the Mayor and City Council before a license can be issued. D. LICENSE TRANSFER; FEE: Licenses may be transferred under the provisions of Idaho Code Chapter 9, Title 23, provided that the transferee meets the requirements of a licensee, has paid a transfer fee of fifty dollars ($50.00) and the Mayor and City Council have approved of the transfer of the license WINE Wine shall be defined as any alcoholic beverage containing not more than fourteen percent (14%) alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added. A. LICENSE REQUIRED: It shall be lawful to sell wine within the City, as provided in Idaho Code Chapter 13, Title 23, provided a license shall first be obtained from the City for the sale of wine. B. APPLICATION FOR LICENSE; FEE: An applicant for a wine license shall make application to the City Clerk and pay the license fee. If the license fee is paid prior to July 1, the fee shall be prorated, but if the license fee is paid after July 1, the fee shall not be prorated and shall be one-half (1/2) of the annual license fee. approved by the Mayor and City Council before a license can be granted. D. LICENSE TRANSFER; FEE: Licenses may be transferred under the provisions of Idaho Code Chapter 13, Title 23, provided the transferee meets the requirements of a licensee, has paid a transfer fee of fifty dollars ($50.00) and the Mayor and City Council have approved of the transfer of the license. E. EXCEPTION TO LICENSE REQUIREMENT: Any establishment, lounge, or bar, that has a liquor by the drink license, need not also have a wine license to sell wine by the drink or by the bottle, for consumption on the licensed premises BEER A. LICENSE REQUIRED: It shall be lawful to sell beer within the City, as provided in Idaho Code Chapter 10, Title 23, provided a license shall first be obtained from the City for the sale of beer. B. APPLICATION FOR LICENSE; FEE: An applicant for a beer license shall make

3 application to the City Clerk and pay the license fee If the license fee is paid prior to July 1, the fee shall be prorated, but if the license fee is paid after July 1, the fee shall not be prorated and shall be one-half (1/2) of the annual license fee. approved by the Mayor and City Council before a license may be issued. D. TRANSFER OF LICENSE; FEE: Licenses may be transferred under the provisions of Idaho Code Chapter 10, Title 23, provided the transferee meets the requirements of a licensee, has paid a transfer fee of fifty dollars ($50.00) and the Mayor and City Council have approved of the transfer of the license ELECTION DAY SALES The City shall follow the State laws for the sale of liquor by the drink, wine and beer on election days and wine and beer only, may be sold on and during City elections LIQUOR RELATED OFFENSES A. ALCOHOLIC BEVERAGES PROHIBITED IN CITY PARKS: 1. Consumption Or Possession Prohibited: Except as provided below, it shall be unlawful and illegal for any person to consume or have in their possession any type of alcoholic beverage in any shape or form, in or on the City parks or parks maintained by the City. 2. Park Alcoholic Beverage Permit; Fee: It shall not be a violation of this Section to consume or to have in their possession an alcoholic beverage of beer or wine in Jensen Grove Park and Memorial Park if the person has obtained from the City Clerk a park alcoholic beverage permit. The City Clerk may issue park alcoholic beverage permits upon application and upon proof of age, and payment of the required fee as set forth by resolution of the City Council. The person obtaining the permit shall have the permit available at the park for inspection, upon demand, by any police officer or other City official, and the failure to have the permit for inspection shall subject the person who actually obtained the permit, and all other persons in his corporation, partnership, association or organization to the criminal penalties cited in subsection A(1) of this Section. B. OPEN CONTAINER LAW: 1. Removal Of Liquor From Premises; Definition: 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

4 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, pool side areas, or similar improved appurtenances in which, or on which, the sale of liquor, wine or beer is authorized by the City. 2. Open Container In Vehicle: It shall be unlawful for any person, while operating or riding in or upon a motor vehicle upon a public highway of the City, County or State, to consume beer, wine or liquor or have in his possession any beer, wine or liquor in an open or unsealed container of any kind HOURS OF SALE A. DEFINITIONS: For purposes of this section, the following definitions shall apply. RESTAURANT: The term Restaurant, as defined by Section (c), Idaho Code, is further defined as an establishment maintained, advertised and held out to the public as primarily a food eating establishment, where individually priced meals are prepared and regularly served to the public, for on-premise consumption. The establishment must also have a dining room or rooms, kitchen and cooking facilities for the preparation of food, and the number, and type of employees normally used in the preparing, cooking and serving of meals. Primarily as defined for the purposes of IDAPA , also includes that the licensee must show to law enforcement personnel, when requested, the following: a. An established menu identifying the individually priced meals for consumption; b. That Food service and preparation occurs on the premises by establishment employees; c. That Stoves, ovens, refrigeration equipment or such other equipment usually and normally found in restaurants are located on the premises of the establishment; d. The licensee must demonstrate to the satisfaction of law enforcement personnel, through appropriate business records, that the establishment is advertised and held out to the public as primarily a food-eating establishment, or that at least forty percent (40%) of the establishments consumable purchases are derived from purchases of food and non-alcoholic beverages. (IDAPA ) MEAL: Shall be defined as a heated food served at a restaurant that was cooked or prepared at the restaurant as defined above. B. RESTRICTED HOURS OF SALE: It shall be unlawful and a misdemeanor for any person in any place licensed to sell beer, wine or liquor, whether conducted for pleasure or profit, to sell, dispense or give away beer, wine or liquor for consumption on the premises or to permit the consumption of such on the premises during the following hours:

5 1. Monday through Saturday from 1:00 a.m. and 7:00 a.m.; 2. Sunday from 1:00 a.m. through Monday at 7:00 a.m. Notwithstanding the foregoing, if New Year s Eve falls on a Sunday, beer and wine may be sold for consumption on the premises between 8:00 p.m. on New Year s Eve and 1:00 a.m. of the New Year s Day. On Super Bowl Sunday, beer and wine may be sold for consumption on the premises between 10:00 am and 10:00 pm. B. TIME LIMIT AFTER SERVICE. Any patron present on the licensed premises after the sale of beer, wine or liquor has stopped as provided in subsection (A) above shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverage already served. C. RESTAURANT EXCEPTION: Beer and wine may be served on Sunday from 10:00 a.m. to 10:00 p.m. to be consumed on the premises under the following conditions: 1. The restaurant must meet the definition stated above. 2. Beer and wine may be served only with a meal. A meal must be served and sold to each patron who also has been served beer or wine. 3. No alcohol may be served or drunk at the bar located within the restaurant, but must be consumed at a table normally used for eating a meal. D. BEER/WINE SALE EXCEPTIONS: Beer and wine may be sold by licensed retailers for consumption off the premises on Sundays between the hours of 10:00 am and 10:00 pm 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. (Amended 12/20/05, Ord. #2037)