Chapter 6
ALCOHOL BEVERAGES1

Art. I.    General, §§ 6-16-10

Art. II.    Beer and Wine, §§ 6-116-15

Art. III.    Liquor-By-The-Drink, §§ 6-16 – 6-19

Art. IV.    Alcohol Beverage Catering Permit, §§ 6-20, 6-21

Art. V.    Bar Patio, §§ 6-226-24

Art. VI.    Restaurant Patio, §§ 6-256-29

ARTICLE I. GENERAL

Sec. 6-1. Applicability.

(a) This chapter shall supplement the regulations set forth in Title 23 of the Idaho Code. In the event of a conflict between a provision in this chapter and Idaho Code, Idaho Code shall govern.

(b) The provisions of this article shall apply to the entirety of this chapter, unless stated otherwise.

(c) This chapter shall not apply to liquor stores regulated by the state of Idaho. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-2. Definitions.

Alcohol beverage catering permit means the same as defined in Idaho Code, Section 23-934A, as may be amended from time to time.

Bar means an establishment with a retail beer on-premises license, wine-by-the-drink license, and/or liquor-by-the-drink license, including wineries and breweries, that does not qualify as a restaurant, as defined in this chapter.

Bar patio means an outdoor area subordinate, accessory, and adjacent to a bar where, in addition to being served within the bar, beer, wine, and/or liquor by the drink may be consumed. A bar patio is distinct from a restaurant patio, as defined herein.

Beer means the same as defined in Idaho Code, Section 23-1001, as may be amended from time to time.

Building official means the city of Lewiston building official or designee.

Business licensing coordinator means the city of Lewiston business licensing coordinator or designee.

City means the city of Lewiston, Idaho.

City clerk means the city of Lewiston city clerk or designee.

Community development director means the city of Lewiston community development director or designee.

Convention means the same as defined in Idaho Code, Section 23-902, as may be amended from time to time.

Downtown Lewiston area means Main Street west of 18th Street and any other area that is west of 9th Street, north of the Normal Hill bluff, and south of the Clearwater River.

Environmental pretreatment supervisor means the city of Lewiston environmental pretreatment supervisor or designee.

Festival means the same as defined in Idaho Code, Section 23-902, as may be amended from time to time.

Fire chief means the city of Lewiston fire chief or designee.

Fire marshal means the city of Lewiston fire marshal or designee.

Licensee means any person, corporation, partnership, organization, or other entity to which a license has been issued by the city pursuant to this chapter.

Liquor means the same as defined in Idaho Code, Section 23-902, as may be amended from time to time.

Liquor-by-the-drink license means a license issued by the city to sell and serve liquor by the individual drink for consumption on the premises.

Parks and recreation director means the city of Lewiston parks and recreation director or designee.

Party means the same as defined in Idaho Code, Section 23-902, as may be amended from time to time.

Police chief means the city of Lewiston chief of police or designee.

Premises means all lands, structures, places and equipment and appurtenances connected or used therewith, whether privately or publicly owned, and including any personal property or vehicle on said premises.

Public works director means the city of Lewiston public works director or designee.

Restaurant means an establishment where food and drink are prepared, served, and consumed primarily within the principal building where there may or may not exist alcohol licensed service, and where food and nonalcoholic beverages account for at least sixty (60) percent of the gross retail sales.

Restaurant patio means an area subordinate, accessory, and adjacent to a restaurant where food and drink are served. A restaurant patio is distinct from a bar patio, as defined herein.

Retail beer off-premises license means a license issued by the city to sell beer in its original, unopened container at retail for consumption off the premises.

Retail beer on-premises license means a license issued by the city to sell and serve beer by the individual glass, can, or bottle for consumption on the premises.

Retail wine license means a license issued by the city to sell wine in its original, unopened container at retail for consumption off the premises.

Wine means the same as defined in Idaho Code, Section 23-1303, as may be amended from time to time.

Wine-by-the-drink license means a license issued by the city to sell and serve wine by the individual glass or by the bottle for consumption on the premises. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-3. License or permit required; licensed premises; display mandatory.

(a) It shall be unlawful to sell: (1) beer within the city without a retail beer off-premises license or retail beer on-premises license; (2) wine within the city without a retail wine license or wine-by-the-drink license, unless pursuant to a wine sponsored event permit as set forth in Idaho Code, Section 23-1338, as may be amended from time to time; and (3) liquor by the drink within the city without a liquor-by-the-drink license. A business license issued by the city pursuant to Chapter 21 of this code shall also be required in order to sell beer, wine, or liquor by the drink within the city; provided, however, that a business license issued by the city pursuant to Chapter 21 of this code shall not be required if wine is sold within the city pursuant to a wine sponsored event permit as set forth in Idaho Code, Section 23-1338, as may be amended from time to time.

(b) It shall be unlawful to serve and/or sell liquor by the drink, beer and wine, or beer, or wine, at a party, festival, or convention that is open to the public within the city without an alcohol beverage catering permit issued by the city, unless pursuant to a wine sponsored event permit as set forth in Idaho Code, Section 23-1338, as may be amended from time to time. It shall also be unlawful to sell liquor by the drink, beer and wine, or beer, or wine, at a party, festival, or convention that is not open to the public within the city without an alcohol beverage catering permit issued by the city, unless pursuant to a wine sponsored event permit as set forth in Idaho Code, Section 23-1338, as may be amended from time to time.

(c) A license or permit issued pursuant to this chapter shall: (1) only be valid for the premises covered by such license or permit, and (2) be posted and displayed in a conspicuous place within the premises covered by such license or permit. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-4. Age of applicants.

Unless otherwise provided by law, applicants for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, liquor-by-the-drink license, or alcohol beverage catering permit shall be at least twenty-one (21) years of age. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-5. Transfers.

A retail beer off-premises license, retail beer on-premises license, retail wine license, or wine-by-the-drink license may be transferred from one licensee to another, subject to the same requirements set forth in this chapter for the original license and subject to a fee, as set by resolution of the city council. A bar patio or restaurant patio approval may be transferred from one licensee to another, subject to the same requirements set forth in this chapter for the original approval. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-6. Consumption and open container in public 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, streets, alleys, sidewalks, or rights-of-way, or on privately owned parking lots open to the public within the city, or at any other place therein, unless pursuant to a valid license or permit issued pursuant to this chapter or Chapter 26, Article V of this code for parks. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-7. Approval required for serving and/or selling outside premises.

It shall be unlawful for a person or business to serve and/or sell beer, wine, or liquor by the drink at any place outside of premises with a retail beer on-premises license, wine-by-the-drink license, and/or liquor-by-the-drink license, unless: (1) with approval from the city for a restaurant patio, (2) with approval from the city for a bar patio, or (3) pursuant to an alcohol beverage catering permit issued by the city. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-8. Outdoor consumption of beer, wine, or liquor at a licensed retail establishment prohibited except within a licensed restaurant patio or bar patio.

The outdoor consumption of beer, wine, or liquor purchased at an establishment with a retail beer on-premises license, wine-by-the-drink license, and/or liquor-by-the-drink license shall be prohibited; provided, however, that the on-site, outdoor consumption of beer, wine, or liquor may be permitted within a restaurant patio or bar patio or pursuant to an alcohol beverage catering permit issued by the city, meeting the criteria and conditions as provided hereafter and upon receiving approval from the city. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-9. Penalty.

Unless otherwise provided by law, a person or entity found to be in violation of this chapter shall be guilty of a misdemeanor, subject to a fine not exceeding one thousand dollars ($1,000) or imprisonment in the Nez Perce County jail for not more than six (6) months, or both. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-10. Severability.

If any provision of this chapter is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this chapter that can be given effect without the invalid provision. (Ord. No. 4710, § 2, 12-10-18)

ARTICLE II. BEER AND WINE

Sec. 6-11. Application for license or renewal; fee.

(a) An application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof shall be made, in writing, upon a form furnished by the community development department and shall be submitted to the business licensing coordinator. Such application shall be accompanied by copies of the applicant’s required alcohol licenses from Nez Perce County and the Idaho State Police.

(b) An application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof, shall be accompanied by a fee, as set by resolution of the city council.

(c) Upon receipt by the business licensing coordinator of a completed application and fee for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof, the business licensing coordinator shall create a file for the application and notify the city clerk.

(d) Recommendations on an application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof shall be solicited from the police chief and fire chief, which recommendations may include conditions to ensure public safety. The city clerk shall approve or deny an application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof within twenty-one (21) calendar days of the business licensing coordinator’s receipt of a completed application and fee, in accordance with Idaho Code, Sections 23-1016 and 23-1318, as applicable and as amended from time to time.

(e) If the city clerk denies an application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof, then the city clerk shall explain the following in writing:

(1) The statutes, ordinances, and standards used in evaluating the application;

(2) The reasons for denial; and

(3) The actions, if any, that the applicant could take to obtain the retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof.

Service of the city clerk’s written denial may be accomplished by hand-delivery or mail. If such written denial is hand-delivered, it shall be deemed received immediately. If such written denial is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the U.S. mail, first class, certified, or registered and addressed to the applicant’s last known address. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-12. Appeals.

(a) An applicant aggrieved by a written denial of the city clerk may appeal such written denial to the city council by filing a written notice of appeal with the city clerk within fifteen (15) calendar days of receipt of such written denial, in accordance with Idaho Code, Section 23-1016, as applicable and as amended from time to time. The notice of appeal shall specify the grounds for appeal.

(b) If an appeal is not filed within fifteen (15) calendar days of receipt of the city clerk’s written denial, then the city clerk’s written denial shall be final.

(c) The city council shall hold a hearing on the appeal within thirty (30) calendar days of receipt of the notice of appeal. The appellant shall have the right to be represented by legal counsel at the hearing and rebut any evidence that is submitted. The formal rules of evidence shall not apply.

(d) The city council shall issue a written decision within twenty (20) calendar days after the hearing. The city council may affirm, reverse, or modify the city clerk’s denial. The city council’s decision shall be final.

(e) An applicant aggrieved by a final decision of the city council is entitled to judicial review only as provided by law. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-13. License revocation, suspension, or denial of renewal.

(a) In accordance with Idaho Code, Section 23-1042, as may be amended from time to time: (1) the city clerk shall have the same powers to revoke, suspend, or deny renewal of a retail beer off-premises license or retail beer on-premises license as are granted to the director of the Idaho State Police; and (2) the city clerk’s determination to revoke, suspend, or deny renewal of a retail beer off-premises license or retail beer on-premises license shall be upon the same grounds set forth in Idaho Code, Section 23-1037, as may be amended from time to time, and/or that the licensee violated this chapter.

(b) The procedure to revoke, suspend, or deny renewal of a retail beer off-premises license or retail beer on-premises license shall be governed by Idaho Code, Section 23-1042 and other applicable provisions set forth in Chapter 10 of Title 23 of the Idaho Code, as may be amended from time to time.

(c) A person or entity whose retail beer off-premises license, retail beer on-premises license, retail wine license, and/or wine-by-the-drink license was revoked or suspended shall immediately surrender such license(s) to the city clerk. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-14. Hours of sale.

Beer and wine may be sold pursuant to a retail beer off-premises license, retail beer on-premises license, retail wine license, or wine-by-the-drink license, as applicable, until 2:00 a.m. within the city, in accordance with Idaho Code, Sections 23-1012 and 23-1318, as applicable and as amended from time to time. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-15. Churches and schools.

Within the downtown Lewiston area, retail beer on-premises licenses and wine-by-the-drink licenses may be issued by the city for any place where beer or wine is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred (300) feet of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises.

For all other areas within the city, a retail beer on-premises license or wine-by-the-drink license shall not be issued for any place where beer or wine is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred (300) feet of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises without the approval of the city council. (Ord. No. 4710, § 2, 12-10-18)

ARTICLE III. LIQUOR-BY-THE-DRINK

Sec. 6-16. Application for license or renewal; fee.

(a) An application for a liquor-by-the-drink license or renewal thereof shall be made, in writing, upon a form furnished by the community development department and shall be submitted to the business licensing coordinator. Such application shall be accompanied by copies of the applicant’s required alcohol licenses from Nez Perce County and the Idaho State Police.

(b) An application for a liquor-by-the-drink license or renewal thereof shall be accompanied by a fee, as set by resolution of the city council.

(c) Upon receipt by the business licensing coordinator of a completed application and fee for a liquor-by-the-drink license or renewal thereof, the business licensing coordinator shall create a file for the application and notify the city clerk.

(d) The city clerk shall: (1) solicit recommendations on an application for a liquor-by-the-drink license or renewal thereof from the police chief and fire chief, which recommendations may include conditions to ensure public safety; and (2) schedule the application for consideration by the city council.

(e) The city council shall approve or deny an application for a liquor-by-the-drink license or renewal thereof within forty-five (45) calendar days of the business licensing coordinator’s receipt of a completed application and fee.

(f) If the city council denies an application for a liquor-by-the-drink license or renewal thereof, then the city council shall explain the following in writing:

(1) The statutes, ordinances, and standards used in evaluating the application;

(2) The reasons for denial; and

(3) The actions, if any, the applicant can take to obtain the liquor-by-the-drink license or renewal thereof.

(g) The city council’s decision on an application for a liquor-by-the-drink license or renewal thereof shall be final. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-17. License revocation, suspension, or denial of renewal.

(a) In accordance with Idaho Code, Section 23-933B, as may be amended from time to time: (1) the city council shall have the same powers to revoke, suspend, or deny renewal of a liquor-by-the-drink license as are granted to the director of the Idaho State Police; and (2) the city council’s determination to revoke, suspend, or deny renewal of a liquor-by-the-drink license shall be upon the same grounds set forth in Idaho Code, Section 23-933, as may be amended from time to time, and/or that the licensee violated this chapter.

(b) The procedure to revoke, suspend, or deny renewal of a liquor-by-the-drink license shall be governed by Idaho Code, Section 23-933B and other applicable provisions set forth in Chapter 10 of Title 23 of the Idaho Code, as may be amended from time to time.

(c) A person or entity whose liquor-by-the-drink license was revoked or suspended shall immediately surrender such license to the city clerk. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-18. Hours and days of sale.

(a) Liquor by the drink may be sold pursuant to a liquor-by-the-drink license until 2:00 a.m. within the city, in accordance with Idaho Code, Section 23-927, as may be amended from time to time.

(b) Liquor by the drink may be sold pursuant to a liquor-by-the-drink license on Sundays, Memorial Day, and Thanksgiving within the city, in accordance with Idaho Code, Section 23-927, as may be amended from time to time. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-19. Churches and schools.

Within the downtown Lewiston area, liquor-by-the-drink licenses may be issued by the city for any premises in any neighborhood that is predominantly residential or within three hundred (300) feet of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises.

For all other areas within the city, a liquor-by-the-drink license shall not be issued for any premises in any neighborhood that is predominantly residential or within three hundred (300) feet of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises without the approval of the city council. (Ord. No. 4710, § 2, 12-10-18)

ARTICLE IV. ALCOHOL BEVERAGE CATERING PERMIT

Sec. 6-20. Application for permit; filing fee.

(a) Idaho Code, Sections 23-934A and 23-934B, as may be amended from time to time, shall govern the application, processing, and approval requirements for alcohol beverage catering permits issued by the city.

(b) An application for an alcohol beverage catering permit shall be made, in writing, upon a form furnished by the community development department and shall be submitted to the business licensing coordinator at least fourteen (14) calendar days before the applicable party or at least twenty-one (21) calendar days before the applicable festival or convention. An application for an alcohol beverage catering permit shall be accompanied by a: (1) detailed site plan and/or floor plan showing the area where liquor by the drink, beer, and/or wine will be served and locations of exits; and (2) filing fee in the amount required by Idaho Code, Section 23-934A, as may be amended from time to time.

(c) Upon receipt by the business licensing coordinator of a completed application for an alcohol beverage catering permit, the business licensing coordinator shall forward the application to the community development director, city clerk, police chief, and fire chief. If the party, festival, or convention will occur at a city park, then the business licensing coordinator shall also forward the application to the parks and recreation director. The police chief, fire chief, and parks and recreation director, as applicable, shall make recommendations on an application for an alcohol beverage catering permit, which recommendations may include conditions to ensure public safety.

(d) The community development director shall approve or deny applications for alcohol beverage catering permits, in accordance with Idaho Code, Section 23-934B, as may be amended from time to time.

(e) If the community development director denies an application for an alcohol beverage catering permit, the community development director shall explain the following in writing:

(1) The statutes, ordinances, and standards used in evaluating the application;

(2) The reasons for denial; and

(3) The actions, if any, the applicant can take to obtain the alcohol beverage catering permit. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-21. Permit revocation.

The community development director may revoke an alcohol beverage catering permit if: (1) a term or condition of the alcohol beverage catering permit is violated by the holder of the alcohol beverage catering permit; (2) the holder of the alcohol beverage catering permit violates this chapter or applicable state or federal law in the course of serving alcohol under the alcohol beverage catering permit; (3) it is found, after issuance, that alcohol cannot be safely served under the alcohol beverage catering permit; and/or (4) it is found, after issuance, that the alcohol beverage catering permit was issued pursuant to false, inaccurate, or incomplete information on the application. Written notice of such revocation shall be delivered to the holder of the alcohol beverage catering permit by personal service or certified mail. (Ord. No. 4710, § 2, 12-10-18)

ARTICLE V. BAR PATIO

Sec. 6-22. Bar patio approval or denial process.

(a) A request for a bar patio shall be made, in writing, as part of a new business license application or as an amendment or addition to an existing business license, and shall be submitted to the community development department along with: (1) a detailed site plan showing the area where beer, wine, or liquor will be served and locations of exits in the bar patio, (2) a seating plan for the bar patio, (3) a letter approving the site from the Idaho State Police, and (4) a certificate of occupancy issued by the city.

(b) Upon receipt of a request for a bar patio, the business licensing coordinator shall solicit recommendations from the police chief; fire chief; building official; city planner; and environmental pretreatment supervisor, if water usage and/or disposal will be used in the bar patio. Such recommendations may include conditions to ensure public safety. The business licensing coordinator shall approve or deny a request for a bar patio, with or without conditions, within twenty (20) business days of receipt of a completed request.

(c) If the business licensing coordinator denies a request for a bar patio, then the business licensing coordinator shall explain the following in writing:

(1) The statutes, ordinances, and/or standards, used in evaluating the request;

(2) The reasons for denial; and

(3) The actions, if any, that the applicant could take to obtain approval for a bar patio.

Service of the business licensing coordinator’s written denial may be accomplished by hand-delivery or mail. If such written denial is hand-delivered, it shall be deemed received immediately. If such written denial is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the U.S. mail, first class, certified, or registered and addressed to the applicant’s last known address. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-23. Appeals.

An applicant aggrieved by a written denial of the business licensing coordinator may appeal such written denial in accordance with Chapter 21 of this code regarding business licenses. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-24. Bar patio requirements.

(a) A bar patio may be located on the same premises as a bar.

(b) A bar patio shall have direct access into and from the associated bar and shall have no other entrance or exit, unless required and authorized by the fire marshal and police chief.

(c) A bar patio shall be monitored to ensure compliance with alcohol service and consumption laws.

(d) Ingress and egress for a bar patio shall be subject to the requirements of the International Building Code and International Fire Code, as adopted by Chapters 10 and 15 of this code, and shall be approved by the building official and fire marshal.

(e) Materials, design, and arrangement of seating and enclosures for a bar patio shall be subject to the requirements of the International Building Code and International Fire Code, as adopted by Chapters 10 and 15 of this code, as determined by the building official and fire marshal.

(f) If beer or wine, but not liquor by the drink, will be served within a bar patio, then such bar patio shall be enclosed on all sides by a fence, wall, or temporary partition that is at least thirty-six (36) inches in height, which clearly designates the area in which beer or wine may be consumed. If said fence, wall, or temporary partition contains a gate, then said gate shall also be at least thirty-six (36) inches in height and shall be kept closed and locked, unless: (1) used for loading or unloading purposes, or (2) as otherwise required by the fire marshal. Said gate shall have a sign stating that no alcohol is allowed beyond the gate.

If liquor by the drink will be served within a bar patio, then such bar patio shall be enclosed on all sides by a sight-obscuring fence or wall that is at least seventy-two (72) inches in height, which fence or wall shall be anchored into the ground or otherwise securely affixed so it is not readily movable. If said fence or wall contains a gate, then said gate shall also be sight-obscuring and shall be at least seventy-two (72) inches in height. Said gate shall be kept closed and locked, unless: (1) used for loading or unloading purposes, or (2) as otherwise required by the fire marshal. Said gate shall have a sign stating that no alcohol is allowed beyond the gate.

(g) A bar patio shall not displace parking required by Chapter 37 of this code. Parking for a bar patio shall be provided as required by Chapter 37 of this code. (Ord. No. 4710, § 2, 12-10-18)

ARTICLE VI. RESTAURANT PATIO

Sec. 6-25. Conditions for approval of a restaurant patio.

Upon proper application, approval for a restaurant patio may be granted as an addition to an existing business license or as part of a new business license, upon meeting the following criteria and conditions:

(1) A restaurant patio shall be operated by an adjacent restaurant maintaining a current city of Lewiston business license.

(2) A restaurant patio shall not extend more than a combined total of twenty-five (25) feet parallel to the street beyond the sidewalls of the adjacent restaurant of which the restaurant patio is a part.

(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 restaurant patio is located and the immediate clearing of any food debris, broken glass, and other trash. Materials associated with the restaurant 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 beer, wine, and liquor 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, a restaurant patio serving beer, wine, and/or liquor must meet subsections (6) through (11) of this section.

(6) A necessary and valid liquor-by-the-drink license, retail beer on-premises license, and/or wine-by-the-drink license shall have already been issued or be issuable to the restaurant for consumption within the restaurant and in the outside areas as defined in the approved site plan drawing.

(7) The restaurant patio shall 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 a restaurant patio 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 required by the city.

(8) Beer, wine, and/or liquor shall only be sold and consumed at a restaurant patio during the respective days and timeframes set forth in this chapter. No person other than the business owner or an employee of the business shall serve any beer, wine, or liquor consumed on-site at a restaurant patio, unless pursuant to an alcohol beverage catering permit issued by the city or a wine sponsored event permit as set forth in Idaho Code, Section 23-1338, as may be amended from time to time.

(9) The business owner shall be responsible for making sure guests do not leave the restaurant patio area with beer, wine, or liquor. No beer, wine, or liquor 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 liquor may be consumed. Beer, wine, and liquor shall not be consumed outside the area so designated. Temporary partitions shall receive prior approval from the public works department and shall 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 of the restaurant patio. This sign shall be at least eight and one-half (8 1/2) inches by eleven (11) inches and displayed at a height of at least five (5) feet. Said sign shall read, “It is unlawful on these premises to consume alcoholic beverages not purchased at [premises name] or to remove the same from the boundaries of this sidewalk café.” (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-26. Encroachment of restaurant patio on city right-of-way.

A restaurant patio within the central business district, as defined by section 37-145 of this code, may be licensed to encroach onto city right-of-way on the following conditions:

(1) All the conditions set forth in section 6-25 of this chapter are satisfied.

(2) There shall be a continuous 42-inch wide unobstructed clear passage area for pedestrians and persons in wheelchairs between chairs, tables, umbrellas, partitions, and other obstructions to allow persons to pass the restaurant patio. 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 license with approval for a restaurant patio shall be responsible for preserving this 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. An umbrella with a sign on it shall comply with Chapter 30 of this code.

d. No portion of an umbrella shall encroach on the 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. 4710, § 2, 12-10-18)

Sec. 6-27. Contents of application.

Prior to the approval for a restaurant patio associated with an adjacent restaurant and for a restaurant patio associated with an adjacent restaurant to encroach onto city right-of-way, an application for a restaurant patio shall be made, in writing, on a form furnished by the community development department, and shall be submitted to the business licensing coordinator. Such application shall be accompanied by the following:

(1) A copy of the encroachment permit issued by the public works department;

(2) A detailed site plan showing the area where beer, wine, or liquor will be served, if applicable, and locations of exits in the restaurant patio;

(3) A scale drawing of proposed locations of tables, chairs, and partitions to designate the proposed restaurant patio area;

(4) A letter approving the site from the Idaho State Police if beer, wine, or liquor will be served in the restaurant patio;

(5) Any information requested by the city to ensure compliance with conditions and regulations of restaurant patios provided above;

(6) A fee, as set by resolution of the city council; and

(7) When beer, wine, or liquor is proposed to be served at the restaurant patio, proof of necessary state of Idaho, Nez Perce County, and city alcohol licenses. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-28. Application approval or denial.

The business licensing coordinator shall, after the review and recommendation by city staff, approve or deny an application for a restaurant patio within twenty (20) business days of the business licensing coordinator’s receipt of a completed application. If the business licensing coordinator denies an application for a restaurant patio, then the business licensing coordinator shall explain the following in writing:

(1) The statutes, ordinances, and/or standards used in evaluating the application;

(2) The reasons for the denial; and

(3) The actions, if any, that the applicant could take to obtain approval for a restaurant patio.

Service of the business licensing coordinator’s written denial may be accomplished by hand-delivery or mail. If such written denial is hand-delivered, it shall be deemed received immediately. If such written denial is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the U.S. mail, first class, certified, or registered and addressed to the applicant’s last known address. (Ord. No. 4710, § 2, 12-10-18)

Sec. 6-29. Appeals.

An applicant aggrieved by a written denial of the business licensing coordinator may appeal such written denial in accordance with Chapter 21 of this code regarding business licenses. (Ord. No. 4710, § 2, 12-10-18)


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Editor’s note – Ordinance No. 4710, adopted Dec. 10, 2018, repealed and replaced Ch. 6 in its entirety. The deleted sections contained provisions relating to alcoholic beverages. Former Chapter 6 derived from Code 1960, §§ 4-1, 4-2 and 4-4 through 4-34.1; Ord. No. 2035, § 1; Ord. No. 2038, § 1; Ord. No. 2085, § 1; Ord. No. 2509, § 1; Ord. No. 2612, § 1, adopted June 1, 1965; Ord. No. 2668, § 1; Ord. No. 2782, § 1; Ord. No. 2786, § 1; Ord. No. 2859, § 1; Ord. No. 3023, § 1, passed May 17, 1971; Ord. No. 3088, § 1, adopted May 8, 1972; Ord. No. 3099, §§ 1, 2, adopted July 24, 1972; Ord. No. 3147, §§ 1 – 7, adopted June 11, 1973; Ord. No. 3231, § 1, adopted Aug. 26, 1974; Ord. No. 3369, § 1, adopted May 23, 1977; Ord. No. 3397, § 1, adopted Sept. 12, 1977; Ord. No. 3459, § 1, adopted Sept. 6, 1978; Ord. No. 3569, §§ 2, 3, adopted Apr. 20, 1981; Ord. No. 3582, §§ 1, 2, adopted Aug. 10, 1981; Ord. No. 3650, § 1 – 3, adopted June 1, 1982; Ord. No. 3703, §§ 1 – 4, adopted Sept. 12, 1983; Ord. No. 3842, § 4, adopted Nov. 3, 1986; Ord. No. 3950, §§ 1 – 4, adopted June 5, 1989; Ord. No. 3984, § 1, adopted Oct. 29, 1990; Ord. No. 4023, § 1, adopted Dec. 9, 1991; Ord. No. 4033, §§ 1 – 7, 9 – 13, adopted Feb. 10, 1992; Ord. No. 4098, § 1, adopted Apr. 11, 1994; Ord. No. 4222, § 1, adopted Sept. 21, 1998; Ord. No. 4331, § 1, adopted Sept. 15, 2003; Ord. No. 4339, § 1, adopted Sept. 22, 2003; Ord. No. 4357, §§ 1 – 4, adopted July 26, 2004; Ord. No. 4373, §§ 1 – 5, adopted Nov. 22, 2004; Ord. No. 4436, §§ 1 – 8, adopted Mar. 27, 2006; Ord. No. 4561, § 1, adopted Nov. 14, 2011; and Ord. No. 4567, §§ 2 – 20, adopted Dec. 12, 2011.