Chapter 6
ALCOHOLIC BEVERAGES¹

Art. I. In General, §§ 6-1 – 6-15

Art. II. Beer, §§ 6-16 – 6-46

Div. 1. Generally, §§ 6-16 – 6-25

Div. 2. License, §§ 6-26 – 6-46

Art. III. Liquor, §§ 6-47 – 6-69

Div. 1. Generally, §§ 6-47 – 6-58

Div. 2. License, §§ 6-59 – 6-69

Art. IV. Wine, §§ 6-70 – 6-86

Div. 1. Generally, §§ 6-70 – 6-79

Div. 2. License, §§ 6-80 – 6-86

Art. V. Outdoor Eating Facility, §§ 6-87 – 6-91

ARTICLE I. IN GENERAL

Sec. 6-1. Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings indicated, unless the context clearly indicates otherwise:

Applicant means any person making application to the council of the city for a beer, liquor, or wine license.

Bartender means any person who pours, mixes, prepares, serves or delivers any liquor by the drink upon any licensed premises.

Beer means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt, or other ingredients in drinkable water, containing not more than six (6) percent alcohol by weight.

Interdicted person means any person to whom the sale of liquor is prohibited under the laws of the state or by this code or other ordinance of the city.

License means a beer license or license to sell and dispense liquor by the drink at retail, or wine at retail or by the drink issued by the city to any licensee qualified as provided in this chapter.

Licensed premises means the place of business owned or occupied by the licensee and licensed under the provisions of this chapter.

Licensee means any person to whom a beer or liquor, or wine license has been issued by the city.

Liquor means all kinds of liquor sold by and in a state liquor store.

Liquor catering permit means a permit issued under Idaho Code, Sections 23-934A, 23-934B and 23-934C.

Mobile cart means a mobile unit properly licensed by the city and District Health to dispense food and drink to the public.

Outdoor eating facility means an area subordinate, accessory and adjacent to a restaurant or mobile cart where food and drink is served.

Premises means the building and contiguous property owned, or leased or used under a government permit by a licensee in which the sale of beer, wine or liquor by the drink at retail is authorized under the provisions of the chapter.

Restaurant means an establishment where food and drink are prepared, served and consumed primarily within the principal building. Food and nonalcoholic beverages must account for at least sixty (60) percent of the gross retail sales.

Retail wine or beer license means a license authorizing a person to sell wine or beer in its original unbroken container at retail for consumption off the premises.

Retailer means any person engaged in the sale or distribution of beer, wine or liquor to the consumer.

State liquor store means any liquor store or distributor established under and pursuant to the laws of the state for the packaged sale of liquor at retail.

Wine means any alcoholic beverage containing not more than fourteen (14) percent alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar.

Wine by the drink or beer by the drink license means a license to sell wine or beer by the individual glass or opened bottle at retail, for consumption on the premises only. (Code 1960, §§ 4-1, 4-20, 4-34.1; Ord. No. 3147, § 1, 6-11-73; Ord. No. 4033, § 1, 2-10-92; Ord. No. 4436, § 1, 3-27-06)

State law reference – Definitions generally, Idaho Code, §§ 23-105, 23-902, 23-942, 23-1001.

Sec. 6-2. Consumption or possession in certain places.

No person shall consume any beer, wine, liquor or any other alcoholic beverage or have in his or her possession any open containers or receptacles containing any beer, wine, liquor or any other alcoholic beverage on any public parks, grounds or thoroughfares, streets, alleys, sidewalks, rights-of-way or privately owned parking lots open to the public within the city or at any other place therein excepting the following:

(1) Private property;

(2) A golf course facility during authorized hours of operation;

(3) Upon premises licensed for the sale and consumption of beer, wine or liquor or upon premises whereon beer, wine or liquor is sold by a licensee under a valid alcohol beverage catering permit as authorized by law;

(4) Possession and consumption of beer and wine as defined by the Idaho Code by persons twenty-one (21) years of age or older may be allowed within the confines of Brackenbury Square, Pioneer Park, Hereth Park, Locomotive Park and Kiwanis Park; or other parks as approved by the parks and recreation director for approved events; and upon application to the city and conditioned on regulations promulgated by the city manager and contained in the permit issued for such activity. (Ord. No. 2612, § 1, 6-1-65; Ord. No. 3369, § 1, 5-23-77; Ord. No. 3984, § 1, 10-29-90; Ord. No. 4023, § 1, 12-9-91; Ord. No. 4098, § 1, 4-11-94; Ord. No. 4331, § 1, 9-15-03; Ord. No. 4373, § 1, 11-22-04)

Secs. 6-3 – 6-15. Reserved.

ARTICLE II. BEER²

DIVISION 1. GENERALLY

Sec. 6-16. Reserved.

Editor’s note – Ord. No. 4033, § 14, adopted Feb. 10, 1992, repealed § 6-16. Former § 6-16 was concerned with sale of beer to persons under twenty-one years of age, and derived from § 4-2 of the 1960 Code as amended by Ord. No. 3099, adopted July 24, 1972; and Ord. No. 3950, adopted June 5, 1989.

Sec. 6-17. Reserved.

Editor’s note – Ord. No. 4033, § 14, adopted Feb. 10, 1992, repealed § 6-17, selling of beer prohibited during certain hours. Former § 6-17 derived from § 4-4 of the 1960 Code as amended by Ord. No. 2085, § 1; and Ord. No. 3950, § 2, adopted June 5, 1989.

Sec. 6-18. Reserved.

Editor’s note – Section 6-18, providing that persons be seated while drinking beer, was repealed by Ord. No. 3569, § 1, adopted April 20, 1981. Said section was derived from the 1960 Code, § 4-5.

Sec. 6-19. Retailers to conduct business inside building.

Unless authorized by a valid catering permit, pursuant to section 6-2(4) of this code, or authorized by an outdoor eating facility license permitted by Article V of this chapter, no retailer of beer or wine shall conduct or carry on such business at any place located outside of a building except where it is subject to the condition that a permanent beer garden shall be enclosed by a view-obstructing fence of wood or masonry, with a gate, of a design to be approved by the community development director, or designee; a temporary beer garden shall be enclosed by a chain link fence at least six feet in height, of a design to be approved by the community development director, or designee, and subject to such other conditions as may be required by the chief of police, or designee, in conformance with applicable city codes and good design principles. In keeping with the intent of providing a visual and physical separation, additional screening or landscaping may be required where deemed appropriate. (Code 1960, § 4-6; Ord. No. 3569, § 2, 4-20-81; Ord. No. 4033, § 2, 2-10-92; Ord. No. 4357, § 2, 7-26-04)

Sec. 6-20. Disorderly conduct; sale to habitual drunkards or intoxicated persons.

No licensee under this division shall keep or maintain any ill-governed or disorderly house or business place within the city or tolerate, allow or permit riotous, tumultuous or disorderly conduct therein or any breach of the peace or disturbance of the public order or quiet, by noise, riotous, tumultuous or disorderly conduct on premises occupied or operated by him or under his control or otherwise whereby the peace and quiet of the city or of any family or person thereof is or may be disturbed or fail to observe the laws of the United States and the state relating to the sale or possession of beer or the ordinances, rules and order of the city or sell, give, serve or otherwise supply or deliver any beer to any person known to be an habitual drunkard or to any person intoxicated or at times outside the hours prescribed by this article for the sale of beer. (Code 1960, § 4-7)

Sec. 6-21. No vested rights created by article.

Nothing in this article shall be construed to create any vested right in any person to the issuance, renewal, reissuance or continuance of any license. (Code 1960, § 4-8)

Sec. 6-22. Reserved.

Editor’s note – Ord. No. 4033, adopted Feb. 10, 1992, repealed § 6-22, sale of beer restricted to licensed premises. Former § 6-22 derived from Ord. No. 3950, § 3, adopted June 5, 1989.

Secs. 6-23 – 6-25. Reserved.

DIVISION 2. LICENSE³

Sec. 6-26. Required; display mandatory.

(a) No person shall manufacture, sell or otherwise dispose of any beer within the city without first obtaining a license therefor.

(b) Such license shall be posted and displayed in a conspicuous place within the premises covered by such license. (Code 1960, § 4-9)

Sec. 6-27. Reserved.

Editor’s note – Ord. No. 4033, § 14, adopted Feb. 10, 1992, repealed § 6-27 concerning license qualifications. Former § 6-27 derived from § 4-10 of the 1960 Code; § 2-105 of the Code of 1954; Ord. No. 2509, § 1; and Ord. No. 2668, § 1.

Sec. 6-28. Application.

(a) The application for a license under this division must be in writing, filed with the community development department and must be accompanied by affidavit of applicant, or, if a partnership, of one (1) of the partners, or, if a corporation, by an officer or agent of such corporation, showing that the applicant is qualified under the provisions of this article to receive a license, that the place where such business is to be conducted is such a place as is authorized under the provisions of this article.

(b) An original, transfer or relocation application for a license under the provisions of this division must be accompanied by the written consent of the owner of the premises where such business is to be conducted whereby such owner gives his or her consent to the licensing of such premises as a retail beer license.

(c) Each application for a license must be submitted to the chief of police and fire marshall for their recommendation, prior to being submitted to the council for its action.

(d) The community development director shall review the application for appropriate zoning according to chapter 37 of this code. (Code 1960, § 4-11; Ord. No. 2035, § 1; Ord. No. 3023, § 1, 5-17-71; Ord. No. 3703, § 1, 9-12-83; Ord. No. 4033, § 3, 2-10-92)

Sec. 6-28.1. Consideration of application; approval or denial.

(a) Upon receipt by the city clerk of a completed application for a license, or transfer or renewal thereof, the license transfer or renewal application shall be submitted to the city council for a decision within thirty (30) days of the next regularly scheduled council meeting from the date of receipt by the city clerk of the completed application. The council shall have thirty (30) days from the regularly scheduled council meeting at which it receives the application to make a decision to grant or deny the beer license. The council shall cause to be made a transcribable verbatim record of the licensing procedures and shall retain the record for at least six (6) months. Minutes of the proceeding shall be taken and kept as provided by law.

(b) If the council denies a beer license, it shall specify in writing:

(1) The standards used for evaluating the application;

(2) The reasons for denial;

(3) The actions that can be taken by the applicant to obtain the license, transfer or renewal. (Ord. No. 3703, § 2, 9-12-83)

Sec. 6-29. Fees; expiration.

(a) The license fee for any retailer selling beer consumed or to be consumed on the premises where sold is hereby fixed at two hundred dollars ($200.00) per year or any part thereof; provided, that an alcohol beverage catering permit may be issued to a qualified applicant for not to exceed three (3) consecutive days, for a license fee of twenty dollars ($20.00) per day.

(b) The license fee for any retailer selling beer not to be consumed on the premises where sold, is hereby fixed at fifty dollars ($50.00) per year or any part thereof.

(c) All licenses issued pursuant to this section, other than an alcohol beverage catering permit issued pursuant to subsection (a) above, shall expire at 2:00 a.m. on February 1st of the following year. (Code 1960, § 4-12; Ord. No. 3582, § 1, 8-10-81; Ord. No. 3650, § 1, 6-1-82; Ord. No. 4033, § 4, 2-10-92; Ord. No. 4373, § 2, 11-22-04)

Sec. 6-30. Issuance.

All licenses required under this division shall be issued by the city clerk after approval by the council. (Code 1960, § 4-13; Ord. No. 2035, § 1)

Sec. 6-31. Contents.

(a) Every license issued under the provisions of this division shall set forth the name of the person to whom the license is issued, the location by street number or other definite designation of the premises and such other information as the council shall deem necessary.

(b) If the license is issued to a partnership, it shall set forth the names of all of the partners constituting such partnership.

(c) If the license is issued to a corporation or association, it shall set forth the names of the principal officers and names of the members of the board of directors. (Code 1960, § 4-14)

Sec. 6-32. Term.

All licenses required by this division other than an alcohol catering permit issued pursuant to section 6-29(a) of this code, shall be granted for a period of one (1) year beginning February 1st and ending January 31st of the following year. Except as provided in section 6-29(a), no fractional licenses shall be granted. (Code 1960, § 4-15; Ord. No. 2859, § 1; Ord. No. 3650, § 2, 6-1-82; Ord. No. 4373, § 3, 11-22-04)

Sec. 6-33. Transferability.

(a) Any license granted to any applicant under the provisions of this division may be transferred by and with the consent of the council of the city if the transferee possesses all of the qualifications and is subject to none of the disqualifications set out in this article.

(b) The transferee shall accompany each such application for transfer with, and shall pay to the city treasurer a transfer application fee, and an inspection and investigation fee in accordance with the fee schedule adopted by the city council during the annual budgetary process.

(c) The license transfer application shall be processed according to the provisions of section 6-28.1 of this code.

(d) If the council denies the transfer of the beer license, it shall specify in writing:

(1) The standards used for evaluating the application;

(2) The reasons for the denial;

(3) The actions that can be taken by the applicant to obtain the license transfer or renewal.

(e) If the council denies the license, the transfer application fee required herein shall be refunded to said applicant. (Code 1960, § 4-16; Ord. No. 2782, § 1; Ord. No. 3088, § 1, 5-8-72; Ord. No. 3703, § 3, 9-12-83; Ord. No. 4033, § 5, 2-10-92; Ord. No. 4222, § 1, 9-21-98; Ord. No. 4339, § 1, 9-22-03)

Sec. 6-34. Separate license for each place of business.

A separate license shall be required for each place of business of each retailer. (Code 1960, § 4-17)

Sec. 6-35. Revocation and suspension.

(a) In addition to the other penalties provided by law, the council reserves the right to revoke or suspend any license issued under the provisions of this division, at any time, of any person, who no longer rightfully occupies the premises licensed, of any person found by resolution of the council to be not of good reputation and standing; to revoke or suspend the license of any licensee whose business shall be found by resolution of the council within the license year to have been conducted in a manner offensive, dangerous or injurious to the health, peace, morals or decency of the community or any part thereof; to revoke or suspend any license procured by fraud or false representation of fact or for the violation or failure to comply with any of the provisions of this article by the person holding such license or any of his or her servants, agents or employees while acting within the scope of their employment or the conviction of the person holding such license of a felony or misdemeanor involving moral turpitude or an intent to defraud or the conviction of any of his or her servants, agents or employees of any felony or misdemeanor involving an attempt to defraud committed while acting within the scope of their employment or if the licensee or any of his or her servants, agents or employees, while acting within the scope of their employment, violate any law or ordinance relating to the sale or possession of intoxicating liquor, the use, possession or sale of narcotic drugs or violate any law or ordinance relating to public health, morality or decency.

(b) The city council, by resolution, may immediately revoke or suspend the license of a licensee whose state or county license has been revoked or suspended.

(c) At least ten (10) days before revoking any license, the council shall cause to be mailed or delivered to the holder of such license, at his or her last known address, a notice stating the time and place of hearing concerning the revocation or suspension, at which time the licensee shall be entitled to be heard and introduce the testimony of witnesses. The notice shall also indicate the basis of the suspension or revocation. The action of the council relative to such revocation or suspension shall be final; provided, that whenever any person to whom a license has been granted under the provisions of this division shall be convicted of violation of any of the provisions thereof, such conviction shall be prima facie evidence of facts sufficient to warrant revocation or suspension of the license held by such person.

(d) Revocation of a license by the council shall be by resolution, which shall state:

(1) The standards used to revoke the license;

(2) The reasons for the revocation;

(3) The actions that can be taken by the licensee to have his license reinstated.

(e) The revocation shall be effective immediately. Any person whose license has been revoked shall not again be licensed to engage in or carry on the same line of business for a period of at least one (1) year from the date of such revocation.

(f) The city council may suspend any license issued under the provisions of this division for a period of not less than ten (10) days nor more than sixty (60) days. Such suspension shall be by resolution of the city council, which shall state:

(1) The standards used for evaluating the suspension;

(2) The reason for the suspension; and

(3) The action that can be taken by the licensee to obtain reinstatement of the license; and shall be effective immediately.

(g) No person whose license has been revoked shall keep the license issued to the licensee in the licensee’s possession or under the licensee’s control, but such license shall immediately be surrendered to the city clerk.

(h) In all cases of revocation, the license shall be canceled.

(i) Whenever the license is suspended, the city clerk shall retain the same during the period of suspension. (Code 1960, § 4-18; Ord. No. 3703, § 4, 9-12-83; Ord. No. 4033, § 6, 2-10-92)

Sec. 6-36. Licensees subject to subpoena.

(a) Licensees under this division shall respond to any subpoena issued by or under the authority of the city directing the attendance of such licensee at any meeting, when so directed and there testify when so directed as to any act or thing within their knowledge occurring upon their premises or elsewhere affecting the peace, morals, quiet or good order of the city.

(b) For the unexcused failure of the licensee to appear and testify when so directed, his license shall be revoked. (Code 1960, § 4-19)

Secs. 6-37 – 6-46. Reserved.

ARTICLE III. LIQUOR⁴

DIVISION 1. GENERALLY

Sec. 6-47. Sales to certain persons prohibited, misrepresentation of age prohibited.

(a) No licensee or his or her employed agents, servants or bartenders shall sell, deliver, give away or cause or permit to be sold, delivered or given away any liquor to:

(1) Any person under the age of twenty-one (21) years. Nor shall any licensee permit any such person to frequent or visit any place where intoxicating liquors are sold, unless accompanied by a parent or guardian.

(2) Any person actually, apparently or obviously intoxicated.

(3) An habitual drunkard.

(4) An interdicted person.

(b) Any person under the age of twenty-one (21) years who knowingly misrepresents his or her qualifications for the purpose of obtaining liquor from such licensee shall be equally guilty with such licensee and shall be guilty of a misdemeanor. (Code 1960, § 4-30; Ord. No. 2038, § 1; Ord. No. 3099, § 2, 7-24-72; Ord. No. 4033, § 7, 2-10-92)

Sec. 6-48. Outdoor advertising prohibited.

No licensee shall adopt or use any name, sign or advertisement outside of the licensed premises advertising the handling or sale of liquor. (Code 1960, § 4-31)

Sec. 6-49. Premises in residential district not to be licensed.

No license shall be issued for any premises in a residential district, as the same is defined by chapter 37 of this code. (Code 1960, § 4-32)

Sec. 6-50. Reserved.

Editor’s note – Ord. No. 4033, § 14, adopted Feb. 10, 1992, repealed § 6-50, package sales prohibited. Former § 6-50 derived from § 4-33 of the 1960 Code.

Sec. 6-51. Storage for consumption without license prohibited.

No person shall keep or maintain any room or premises in which liquor is received or kept, whether owned by such person or by another, or to which liquor is brought, for consumption on the premises by members of the public or of any club, incorporated or unincorporated, or a corporation or association, unless such person and the premises are licensed under this article. (Code 1960, § 4-34)

Sec. 6-52. Reserved.

Editor’s note – Ord. No. 4033, § 14, adopted Feb. 10, 1992, repealed § 6-52, sale at certain times prohibited. Former § 6-52 derived from § 4-27 of the 1960 Code as amended by Ord. No. 3837, § 1, adopted Sep. 2, 1986.

Sec. 6-53. Sale restricted to licensed premises.

No licensee shall sell, give away, dispense, vend or deliver any liquor in any fashion or by any means or device, except upon the licensed premises, unless authorized by an outdoor eating facility license permitted by Article V of this chapter. (Code 1960, § 4-28; Ord. No. 4357, § 3, 7-26-04)

Sec. 6-54. Reserved.

Editor’s note – Ord. No. 3569, § 1, adopted April 20, 1981, repealed § 6-54, prohibiting gambling on premises licensed to sell alcoholic beverages. Said section was derived from the 1960 Code, § 4-29.

Secs. 6-55 – 6-58. Reserved.

DIVISION 2. LICENSE⁵

Sec. 6-59. Required; display mandatory.

(a) No person shall sell or otherwise dispose of liquor by the drink at retail within the city without having first obtained a license therefor.

(b) Such license shall be posted and displayed in a conspicuous place within the premises covered by such license. (Code 1960, § 4-21)

Sec. 6-60. Application.

All applications for licenses under this division shall be reviewed by the police department, the fire department and the community development department, which shall make recommendations regarding the issuance of the license. Each application, together with all the documents required, shall be submitted to the council for action thereon. (Code 1960, § 4-22; Ord. No. 4033, § 9, 2-10-92)

Sec. 6-61. Fee; duration.

(a) The fee for a license to sell liquor by the drink shall be five hundred sixty-two dollars and fifty cents ($562.50) per annum as amended from time to time by the state of Idaho, payable not later than February 1st of the license year for which the license is issued.

(b) All licenses, except an alcohol beverage catering permit, shall expire at 2:00 a.m. on February 1st of the following year for which issued; provided, that any licensee who operates for only a portion of a year may have his license fee prorated from the date he commences operation to the end of the license year, but in no event for less than six (6) months. An alcohol beverage catering permit may be issued to a qualified applicant for not to exceed three (3) consecutive days for a license fee of twenty dollars ($20.00) per day. (Code 1960, § 4-23; Ord. No. 4033, § 10, 2-10-92; Ord. No. 4373, § 4, 11-22-04)

Sec. 6-62. Contents.

Every license issued under the provisions of this division shall set forth the name of the person to whom the license is issued, the location, by street number or other definite designation, of the premises and such other information as the council shall deem necessary. If the license is issued to a partnership, it shall set forth the names of all of the partners constituting such partnership. If the license is issued to a corporation or association, it shall set forth the names of the principal officers and names of the members of the board of directors. (Code 1960, § 4-24)

Sec. 6-63. Issuance; state and county licenses prerequisite.

(a) The clerk shall issue licenses to qualified applicants, as provided in this division, whereby the licensee shall be authorized, licensed and permitted to sell liquor by the drink at retail within the city.

(b) The clerk shall not issue such licenses until he is satisfied that the applicant is licensed by the state to sell liquor by the drink at retail under the applicable statutes of the state, and that the applicant is licensed by the county under the applicable resolutions of the county.

(c) Such licenses shall be issued only to the licensee and only for the premises licensed by the state. (Code 1960, § 4-25)

Sec. 6-64. Consent of property owners.

Each licensee under this division shall furnish the clerk with the written consent of seventy-five (75) percent of all property owners and lessees operating a business within two hundred (200) feet on either side of the premises in which a liquor by the drink at retail business is to be conducted, including both sides of the street upon which such premises fronts. (Code 1960, § 4-26)

Sec. 6-65. Assignment; transfer fee.

Any license granted to an applicant for the retail sale of liquor by the drink may be transferred by and with the consent of the mayor and council of the city if the transferee possesses all of the qualifications and is subject to none of the disabilities set out in this article. The application for transfer shall be accompanied by a fee of five hundred sixty-two dollars and fifty cents ($562.50). The mayor and council may refuse to allow the transfer of any such license to any person or premises lacking the qualifications to acquire or retain a beer or liquor license under the ordinances of the city or the laws of the state of Idaho. (Code 1960, § 4-26.1; Ord. No. 3231, § 1, 8-26-74; Ord. No. 3842, § 4, 11-3-86)

Sec. 6-66. Revocation and suspension.

(a) In addition to the other penalties provided by law, the council reserves the right to revoke or suspend any license, issued under the provisions of this division, as amended, at any time, of any person who no longer rightfully occupies the premises licensed, of any person found by resolution of the council to be not of good reputation and standing; to revoke or suspend the license of any licensee whose business shall be found by resolution of the council to be or within the license year to have been conducted in a manner offensive, dangerous or injurious to the health, peace, morals or decency of the community or any part thereof; to revoke or suspend any license procured by fraud or false representation of fact or for the violation or failure to comply with any of the provisions of this article by the person holding such license or any of his servants, agents or employees while acting within the scope of their employment or the conviction of the person holding such license of a felony or misdemeanor involving moral turpitude or an intent to defraud or the conviction of any of his servants, agents or employees of any felony or misdemeanor involving an attempt to defraud committed while acting within the scope of their employment or if the licensee or any of his servants, agents or employees, while acting within the scope of their employment, violate any law or ordinance relating to the sale or possession of intoxicating liquor, the use, possession or sale of narcotic drugs, or violate any law or ordinance relating to public health, morality or decency.

(b) At least three (3) days before revoking any license, the council shall cause to be mailed or delivered to the holder of such license, at his last-known address, a notice stating the time and place of the hearing concerning the revocation; at which time, the licensee shall be entitled to be heard and introduce the testimony of witnesses.

(c) The action of the council relative to such revocation shall be final; provided that whenever any person to whom a license has been granted under the provisions of this division shall be convicted of violation of any of the provisions thereof, such conviction shall be prima facie evidence of facts sufficient to warrant revocation of the license held by such person.

(d) Revocation of a license by the council shall be by resolution. Any person whose license has been revoked shall not again be licensed to engage in or carry on the same line of business for a period of at least one (1) year from the date of such revocation.

(e) The council may suspend any license issued under the provisions of this division for a period of not less than ten (10) days nor more than sixty (60) days. Such suspension shall be by resolution of the council and shall be effective immediately. No person whose license has been revoked shall keep the license issued to him in his possession or under his control, but such license shall immediately be surrendered to the city clerk. In all cases of revocation, the license shall be canceled. Whenever the license is suspended, the city clerk shall retain the same during the period of suspension. (Code 1960, § 4-26.2; Ord. No. 2786, § 1)

Secs. 6-67 – 6-69. Reserved.

ARTICLE IV. WINE⁶

DIVISION 1. GENERALLY

Secs. 6-70 – 6-79. Reserved.

DIVISION 2. LICENSE⁷

Sec. 6-80. Required; display mandatory.

No person shall sell or otherwise dispose of any wine at retail by the package for consumption off the licensed premises within the city, without first obtaining a retail wine license therefor nor shall any person other than a person holding a valid license for the sale of liquor by the drink sell or otherwise dispose of retail wine by the drink for consumption on the premises within the city without first obtaining a wine-by-the-drink license therefor, which license shall be posted and displayed in a conspicuous place within the premises covered by such license, except that the provisions of this article shall not apply to wine importers or distributors licensed pursuant to Chapter 13 of Title 23, Idaho Code. (Ord. No. 3147, § 2, 6-11-73)

Cross reference – Licenses generally, Ch. 21.

Sec. 6-81. Qualifications of applicant.

Applicants for a retail wine license or wine-by-the-drink licenses must have attained the age of twenty-one (21) years and must meet all of the qualifications of a holder of a retail beer license under section 6-27 of this code. (Ord. No. 3147, § 3, 6-11-73; Ord. No. 4033, § 11, 2-10-92)

Editor’s note – Section 6-27 was repealed by Ord. No. 4033.

Sec. 6-82. Terms; fee.

All licenses, except an alcohol beverage catering permit, issued pursuant to this section shall expire at 2:00 a.m. on February 1st of the following year for which issued. The fee for a retail wine-by-the-drink license shall be two hundred dollars ($200.00) per year or any fraction thereof as amended from time to time by the state of Idaho; provided, that an alcohol beverage catering permit may be issued to a qualified applicant for not to exceed three (3) consecutive days for a license fee of twenty dollars ($20.00) per day. (Ord. No. 3147, § 4, 6-11-73; Ord. No. 3397, § 1, 9-12-77; Ord. No. 3459, § 1, 9-6-78; Ord. No. 3582, § 2, 8-10-81; Ord. No. 3650, § 3, 6-1-82; Ord. No. 4033, § 12, 2-10-92; Ord. No. 4373, § 5, 11-22-04)

Sec. 6-83. Issuing authority.

All retail wine licenses and wine-by-the-drink licenses shall be issued by the clerk after approval by the council. (Ord. No. 3147, § 5, 6-11-73)

Sec. 6-84. Requirements; transferability; revocation; suspension; separate license required.

Retail wine licenses and wine-by-the-drink licenses issued pursuant to this division shall comply with all of the requirements for the application, contents, transferability, revocation, and suspension of retail beer licenses under this code. Separate licenses shall be required for each place of business of each retailer. (Ord. No. 3147, § 6, 6-11-73)

Sec. 6-85. Consumption on premises; hours of sale.

No person holding a retail wine license shall permit consumption of wine on the licensed premises unless such person possesses a valid license for the retail sale of liquor by the drink pursuant to Title 23, Idaho Code, and chapter 6 of this code, or a valid wine-by-the-drink license issued pursuant to Title 23, Idaho Code, and the provisions of this article. Wine sold for consumption on or off the licensee’s premises may be sold only during the hours that beer may be sold pursuant to the laws of Idaho and of the city. For the purposes of this section, the word “premises” may include the area described in section 6-19 of Article II of this chapter and an outdoor eating facility licensed pursuant to Article V of this chapter. (Ord. No. 3147, § 7, 6-11-73; Ord. No. 3569, § 3, 4-20-81; Ord. No. 4033, § 13, 2-10-92; Ord. No. 4357, § 4, 7-26-04)

Sec. 6-86. Sale restricted to licensed premises.

No licensee shall sell, give away, dispense, vend or deliver any wine in any fashion or by any means or device except upon the licensed premises, unless said licensee holds a valid catering permit. (Ord. No. 3950, § 4, 6-5-89)

ARTICLE V. OUTDOOR EATING FACILITY

Sec. 6-87. Outdoor consumption of beer, wine and alcohol at a licensed retail establishment prohibited except at a licensed outdoor eating facility.

The outdoor consumption of beer, wine, or alcohol purchased at an establishment licensed for the retail sale of beer, wine or alcohol by the drink is prohibited. The on-site, outdoor consumption of beer, wine or alcohol may be permitted at an outdoor eating facility meeting the criteria and conditions as provided hereafter and upon receiving a license therefor from the city. (Ord. No. 4357, § 1, 7-26-04)

Sec. 6-88. Conditions for issuance of outdoor eating facility license.

Upon proper application an outdoor eating facility license may be issued upon meeting the following criteria and conditions:

(1) The outdoor eating facility shall be operated by an adjacent restaurant or mobile cart maintaining a current city of Lewiston business license.

(2) An outdoor eating facility may extend no more than a combined total of twenty-five (25) feet parallel to the street beyond the sidewalls of the adjacent restaurant of which the outdoor eating facility is a part with the written permission of the property owner.

(3) The property owner shall maintain all areas adjacent to and including areas where tables and chairs are located in a clean and sanitary manner including the provision of appropriate trash receptacles. Maintenance shall include sweeping on a daily basis any adjacent right-of-way where the outdoor eating facility is located and the immediate clearing of any food debris, broken glass and other trash. Materials associated with the restaurant or mobile cart shall be removed from the right-of-way by sweeping and picking up or vacuuming. Debris shall not be swept, washed, hosed or blown into the adjacent streets and/or parking areas.

(4) The city reserves the right to preclude the placement or use of outdoor tables or other street furniture on city property during special public events or parades where due to overcrowding, congestion, or other public safety concerns, the use or placement may create a hazard and/or interfere with the general health and safety of the public. The chief of police or designee is authorized to place further restrictions on consumption of alcoholic beverages during special events, or parades as deemed necessary.

(5) The ratio of outdoor seats to indoor seats shall not exceed one (1) outdoor seat for each three (3) seats inside the restaurant.

In addition to subsections (1) through (5) of this section, facilities serving alcohol must meet subsections (6) through (12) of this section.

(6) Necessary and valid liquor, beer, and/or wine license(s) must have already been issued or be issuable to the eating facility for consumption within the interior of the facility and in the outside areas as defined in the approved site plan drawing. (See section 6-90.)

(7) The outdoor eating facility must be a bona fide restaurant and may be required to demonstrate or report to the satisfaction of the city or its designee that it has maintained at least sixty (60) percent of gross retail sales from the sale of food and nonalcoholic beverages through reports submitted with the application for outdoor eating facility on public sidewalks. Such demonstration or report shall contain copies of sales tax receipts and other documents including those prepared for the Idaho Tax Commission if requested by the city of Lewiston.

(8) No alcoholic beverages shall be sold or consumed after 10:00 p.m. or before 10:00 a.m. on any day. No person other than the business owner or an employee of the business shall serve any alcohol consumed on-site.

(9) The business owner shall be responsible for making sure guests do not leave the area with an alcoholic beverage. No alcohol shall be authorized beyond the area described by subsection (10) of this section.

(10) Temporary partitions thirty-six (36) inches in height shall be installed to clearly designate the area in which beer, wine and alcohol may be consumed. Beer, wine or alcohol shall not be consumed outside the area so designated. Temporary partitions must receive prior approval and must be placed in such a manner as to not obstruct pedestrian traffic, damage the sidewalk or constitute a safety hazard.

(11) A sign shall be placed at all exits. This sign will be no smaller than eight and one-half (8 1/2) inches by eleven (11) inches and displayed at a height of five (5) feet. It shall read, “It is unlawful on these premises to consume alcoholic beverages not purchased at (premises name) or to remove same from the boundaries of this sidewalk cafe.”

(12) All containers containing alcoholic beverages for outside consumption shall be plastic, paper or styrofoam, with the exception of wine containers, which may be glass. (Ord. No. 4357, § 1, 7-26-04; Ord. No. 4436, § 3, 3-27-06)

Sec. 6-89. Encroachment of outdoor eating facility on city right-of-way.

An outdoor eating facility within the Central Business District, as defined by Lewiston City Code section 37-145, may be licensed to encroach onto city right-of-way on the following conditions:

(1) All the conditions set forth in section 6-88 of this code.

(2) There shall be a continuous forty-two (42) inch wide unobstructed clear passage area for pedestrians and persons in wheelchairs between chairs, tables, umbrellas, partitions and other obstructions. For the purposes of this policy, other obstructions shall include but not be limited to light poles, sign poles, building fronts, trees, or other permanent street furniture and/or fixtures. The holder of the outdoor eating facility license shall be responsible for preserving this forty-two (42) inch clear passage at all times.

(3) Table umbrellas shall be permitted under the following conditions:

a. The minimum height of the umbrella canopy shall be seven (7) feet.

b. No umbrella shall obstruct any street signs.

c. No umbrella shall contain or display any type sign or signage, except for the name and/or logo of the licensed business.

d. No portion of an umbrella shall encroach on the forty-two (42) inch passage area.

(4) Furniture or partitions may only be installed within the right-of-way or to any object within the right-of-way with the permission of the public works director or designee. Said permission may require the posting of a bond to cover the expenses of potential damage to the right-of-way or improvements contained therein. (Ord. No. 4357, § 1, 7-26-04; Ord. No. 4436, § 4, 3-27-06)

Sec. 6-90. Contents of application, fee, appeal.

Prior to the approval of a license for an outdoor eating facility associated with an adjacent restaurant and for an outdoor eating facility associated with an adjacent restaurant to encroach onto city right-of-way, the applicant shall provide, on an application provided by the city, the following:

(1) Provide a scale drawing of proposed locations of tables, chairs and partitions to designate the proposed outdoor eating area.

(2) Provide any information requested by the city to ensure compliance with conditions and regulations of outdoor eating facilities provided above.

(3) Pay an application review fee of two hundred fifty dollars ($250.00). Following approval of the application, the business owner shall pay a license fee of one hundred dollars ($100.00) per annum. The outdoor eating facility license shall expire on December 31st of each year.

(4) When alcohol is proposed to be served, provide proof of necessary state, county and city beer, wine or alcohol licenses.

(5) After submission of the application for an outdoor eating facility license, the community development department shall, after the review and recommendation by city staff, approve or deny the license.

(6) A denial of a license may be appealed in accordance with Lewiston City Code section 21-24. (Ord. No. 4357, § 1, 7-26-04; Ord. No. 4436, § 5, 3-27-06)

Sec. 6-91. Violations, suspension or revocation of license.

Failure of a licensee to comply with the conditions for issuance of an outdoor eating facility license, as determined by the chief of police or designee, may, after notice and opportunity to be heard, result in immediate suspension or revocation of the license or refusal to renew the license. Violation hereof shall be a civil infraction punishable by a civil penalty of no more than one hundred dollars ($100.00) per violation. Each day of a violation shall be considered a separate offense. (Ord. No. 4357, § 1, 7-26-04)

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Footnotes

1. Cross references – Zoning, Ch. 37.

State law reference – For state law as to alcoholic beverages generally, see Idaho Code, § 23-101 et seq.

2. State law reference – Provisions governing the sale, etc., of beer, Idaho Code, Chapter 10 of Title 23.

3. Cross reference – Licenses generally, Ch. 21.

State law reference – License to sell beer at retail, Idaho Code, § 23-1010.

4. State law reference – Retail sale of liquor by the drink, Idaho Code, Chapter 9 of Title 23.

5. Cross reference – Licenses generally, Ch. 21.

State law references – Provisions relating to licenses, Idaho Code, § 23-904 et seq.; city licenses, Idaho Code, § 23-916.

6. State law reference – County option kitchen and table wine act, Idaho Code, Chapter 13 of Title 23.

7. Cross reference – Licenses generally, Ch. 21.

State law reference – Licenses generally, Idaho Code, § 23-1306 et seq.