7-1 TITLE 9 BUSINESS REGULATIONS 7-3

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1 7-1 TITLE 9 BUSINESS REGULATIONS 7-3 Sec. 7-1: Sec. 7-2: Sec. 7-3: Sec. 7-4: Sec. 7-5: Sec. 7-6: Sec. 7-7: Sec. 7-8: Sec. 7-9: Sec. 7-10: Sec. 7-11: Sec. 7-12: Sec. 7-13: Sec. 7-14: Sec. 7-15: Sec. 7-16: Sec. 7-17: Sec. 7-18: Sec. 7-19: Sec. 7-20: Sec. 7-21: Chapter 7 LIQUOR Definitions License Required License to Retail Liquor Application for Licenses; Penalty for False Statements Qualifications of Applicant Investigation of Applicant License Fee Transfer of License Renewal of License Hours of Sale of Liquor Liquor Catering Permit Approval of Liquor Catering Permit Clerk to Make Regulations Revocation, Suspension or Nonrenewal of Licenses Licenses; Suspension or Revocation Review Penalties Repeal Public Places False Representation as Being Twenty-One or More Years of Age a Misdemeanor Zoning Establishing Additional Days for Liquor Sales Sec Definitions. For the purposes of this Chapter, definitions shall be the same as established in Idaho Code Title 23, Chapter 9. (Ord , 04/16/2012) Sec License Required. It shall be unlawful for any person to sell liquor by the drink at retail within the City without having first procured, and only after having received, a license therefore issued by the City. Sec License to Retail Liquor. A. The Clerk is hereby empowered, authorized and directed to issue licenses to qualified applicants as herein provided, whereby the licensee shall be authorized and permitted to sell liquor by the drink at retail and, upon the issuance of such license, the licensee therein named shall be authorized to sell liquor at retail by the drink, but only in accordance with the rules and regulations promulgated by the Clerk and approved by the Council and the provisions of this Chapter. B. Provided, however, that in addition to the qualifications hereinafter set forth, no license to sell liquor by the drink shall be issued to a person, organization or business establishment which does not fall within the following classifications, defined herein: 1. Any bona fide fraternal, benevolent or charitable organization having a valid national charter. 2. a. Hotels and motels, the applicant owner or applicant manager of which has been a resident of the City for a period of thirty (30) days immediately prior to the filing of an application for a license under this Chapter, except as noted herein. b. A hotel, as defined herein, means every building or other structure kept, used, maintained, advertised or held out to the public to be a place where food is served and sleeping accommodations are offered for pay to transient guests, in which twenty (20) or more rooms are used for the sleeping accommodations of such transient guests, such sleeping accommodations and dining rooms being conducted in the same building, in connection therewith, and such structure being provided, in the judgment of the Council, with adequate and sanitary kitchen and dining room equipment and capacity for preparing, cooking and serving suitable food for its guests. c. A motel, as defined herein, means every group of buildings or other structures kept, used, maintained, advertised or held out to the public to be a place where food is served and sleeping accommodations, together with automobile accommodations are offered for pay to transient guests, in which fifteen (15) or more units are used for the sleeping

2 7-3 TITLE 9 BUSINESS REGULATIONS 7-4 accommodation of such transient guests and having one or more dining rooms where meals are served to such transient guests, such sleeping and automobile accommodations and dining rooms being grouped in one area, in connection therewith, and such structures being provided, in the judgment of the Council, with adequate and sanitary kitchen and dining room equipment and capacity for preparing, cooking and serving suitable food for its guests and with adequate parking and garage facilities for the automobiles of its guests. 3. a. Cafes and restaurants, the applicant, owner or applicant manager of which has been a resident of the City for a period of thirty (30) days immediately prior to the filing of an application for a license under this Chapter. b. Restaurants, as used, means any restaurant, cafe, hotel dining room, coffee shop, cafeteria, railroad dining car or other eating establishment having kitchen and cooking facilities for the preparation of food and where hot meals are regularly served to the public. 4. Catering permits for one day may be issued to any person or organization or establishment licensed under this Chapter, as provided in Idaho Code, A. 5. Any other classification approved by the State for which the State shall issue a license, the applicant owner or applicant manager of which has been a resident of the City for a period of thirty (30) days immediately prior to the filing of an application for a license under this Chapter. Ref. Idaho Code Sec Application for Licenses; Penalty for False Statements. Prior to the issuance of a license as herein provided, the applicant shall file with the Clerk an application in writing, signed by the applicant and containing such information and statements relative to the applicant and the premises where the liquor is to be sold as may be required by the Clerk. The application shall be verified by the affidavit of the person making the same before a person authorized to administer oaths and shall be accompanied with the license fee herein required. No application shall be filed between the dates of December 15 and January 1 of each year. In addition to setting forth the qualifications required by other provisions of this Chapter, the applicant shall show: A. A detailed description of the premises for which a license is sought and its location. B. A detailed statement of the assets and liabilities of the new applicant. C. The names and addresses of all persons who will have any financial interest in any business to be carried on in and upon the licensed premises, whether such interest results from open loans, mortgages, conditional sales contracts, silent partnerships, trusts or any other basis than open trade accounts incurred in the ordinary course of business, and the amounts of such interest. D. If the premises to be licensed are not owned by the applicant, then a certified copy of the lease by which the applicant will occupy the premises showing that the owner consents to the sale of liquor by the drink on such premises. E. The name and address of the applicant, which shall include all members of a partnership or association and the officers, members of the governing board and ten (10) principal stockholders of a corporation. F. A copy of the articles of incorporation and by-laws of any corporation the articles of association and the by-laws of any association, or the articles of partnership of any partnership. G. If during the period of any license issued hereunder any change shall take place in any of the requirements of subsections C, D, E or F of this Code Section, the licensee shall forthwith make a verified report of such change to the Clerk.

3 7-4 TITLE 9 BUSINESS REGULATIONS 7-7 H. If any false statement is made in any part of said application, or any subsequent report, the applicant, or applicants shall be deemed guilty of a misdemeanor. Ref. Idaho Code ; (Ord , Sec Qualifications of Applicant. The following qualifications shall be met by an applicant for a license under this Chapter: A. The applicant for a license shall possess all of the qualifications necessary to obtain a license from the Commissioner of Law Enforcement of the State as prescribed by Chapter 9, Title 23, Idaho Code, as amended, and shall obtain such state license. B. No application for a license shall be considered by the City unless such applicant, or the applicant manager of such corporation, partnership, association, or organization applying for such license shall have been a resident of the City for at least thirty (30) days. Sec Investigation of Applicant. A. Upon receipt of an application for a license under this Chapter, accompanied by the necessary license fee, the Clerk, within thirty (30) days thereafter, shall cause to be made thorough investigation of all matters pertaining thereto. B. The Clerk shall determine that the contents of the application are true, that such applicant is qualified to receive a license, that the premises are suitable for the carrying on of the business, and that the requirements of this Chapter and the rules and regulations promulgated by the Clerk are met and complied with. C. In making the investigation required by this Code Section, the Clerk shall have the power to investigate and examine the books and records of the licensee and any person having a financial interest in any business to be conducted on the licensed premises, including, but not limited to, their bank accounts, returns filed under the Idaho Property Release Act, 1931, as amended, and any other sources of information deemed to be desirable by the Clerk relative to the application and not specifically prohibited by law. The Clerk shall be aided in investigation by the Chief of Police where appropriate. Ref. Idaho Code ; (Ord , Sec License Fee. A. The license fee imposed and collected shall be established by resolution adopted by the Council in an amount that is in compliance with Idaho Code Section , for each license year, which license year shall be from January 1 or the day the license is issued to December 31; provided, however, if the license is issued for less than a full calendar year, the license fee shall be prorated as of the month of actual issuance up to onehalf (1/2) of the total fee. B. Every license issued under this Chapter shall be issued by the Clerk and shall set forth the name of the person to whom issued, the location by street and number, or other definite designation, of the premises, and such other information as the Clerk shall deem necessary. If issued to a partnership, the names of the persons constituting such partnership shall be set forth. If issued to a corporation or association, the names of the principal officers and the governing board shall be set forth. Such license shall be signed by the licensee. Every license issued under the provisions of this Chapter is separate and distinct and no person except the licensee therein named, except as herein otherwise provided, shall exercise any of the privileges granted thereunder. C. All licenses shall expire at twelve o'clock (12:00) midnight local time, December 31, of the year for which said license was issued.

4 7-7 TITLE 9 BUSINESS REGULATIONS 7-11 D. No person shall be granted more than one license for any one (1) year; and no partnership, association or corporation holding a license under this Chapter shall have as a member, officer or stockholder any person who has any financial interest of any kind in, or is a member of, another partnership or association or an officer of another corporation holding a license in the same city for the same year; provided, that this Code Section shall not prevent any person owning two (2) or more buildings on connected property from making application for and receiving licenses permitting the sale of liquor by the drink in such building. Sec Transfer of License. A. Application to transfer any license issued hereunder shall be made to the Clerk. Upon receipt of such application, together with a transfer of fee as established by resolution of the Council, the Clerk shall make the same investigation and determination and take the same action with respect to the transferee as is required of an applicant by this Chapter. B. The Clerk shall thereafter and within thirty (30) days grant or deny the transfer of said license. In the event the Clerk grants the transfer of said license, the license shall be endorsed over to the proposed transferee by said licensee for the remainder of the period for which license has been issued and the Clerk shall note the Clerk's approval thereof upon such license. Sec Renewal of License. A. All liquor licenses as herein provided shall be renewed by the Clerk after written application for renewal which said written application shall be filed with the Clerk accompanied by an affidavit of the applicant showing such applicant to be qualified by the provisions of this Chapter and the Idaho Code. B. Said application shall state the place of business with respect to which the license is to be renewed and shall contain a floor plan for the building for which the permit or license is requested and shall be accompanied by a copy of the lease of said building and said lease shall show the consent of the owner of the building. C. In the event no changes in said matters have occurred since the previous certification or application then the licensee may so state and need not attach said documents. D. The application shall be accompanied by a receipt from the Clerk for the amount of the license fee. E. In the event a written protest or objection to the renewal of said license or permit is filed with the Clerk, then and in that event, said application for renewal shall be submitted to the Council and issued only after approval by the Council. Sec Hours of Sale of Liquor. No liquor shall be sold, offered for sale or given away upon any licensed premises, and all liquor not in sealed bottles shall be locked in a separate room or cabinet between two o'clock (2:00) a.m. and ten o'clock (10:00) a.m. local time. (Ord , 4/17/89; Ord , 08/16/04; Ord , ); Ref. Idaho Code Sec Liquor Catering Permit. Any person holding a retail liquor license may serve and sell liquor, retail by the drink at a party or convention at a location other than at the licensed premises for a period not to exceed three (3) consecutive days, upon obtaining a liquor catering permit. Applications for such permit shall be made to the Clerk on such form as prescribed by the Clerk, which form shall contain the following information: A. The name and address of the applicant and the number of said applicant's state liquor license.

5 7-11 TITLE 9 BUSINESS REGULATIONS 7-13 B. The dates and hours during which the permit is to be effective, not to exceed three (3) consecutive days. C. The names and addresses of the organizations, groups, or persons sponsoring the event. D. The address at which the liquor is to be served. The application shall be verified by the applicant and filed with the Clerk. A filing fee in an amount established by Resolution duly adopted by the Council for each day the permit is to be effective shall be paid to the Clerk. Such fee shall not be refunded in any event. Ref. Idaho Code A; (Ord , Sec Approval of Liquor Catering Permit. A. Upon the filing of an application for a liquor catering permit, the Clerk, pursuant to Resolution No shall, upon the advice and recommendation of the Chief of Police or designee, approve or disapprove the application and indicate the determination on the face of the application by endorsement signed by the Clerk. B. Copies of the application with signed endorsements thereon shall be mailed or delivered immediately to the Chief of Police or designee, the Director of the Idaho Department of Law Enforcement and the applicant, and a signed copy shall be retained by the Clerk. C. An application approved in this manner shall constitute a permit, unless disapproved by the Director of the Idaho Department of Law Enforcement by notice served upon the applicant for the retail sale of liquor by the drink, beer and wine for the period authorized by the permit. Ref. Idaho Code A; (Res 92-12, 7/20/92); Sec Clerk to Make Regulations. A. For the purpose of the administration of this Chapter, the Clerk may promulgate and publish such rules and regulations as the said Clerk may deem necessary for carrying out the provisions of this Chapter and for the orderly and efficient administration hereof and except as may be limited or prohibited by law and the provisions of this Chapter such rules and regulations so made and promulgated shall have the force of ordinance. Said rules and regulations shall be in effect from and after approval by resolution duly adopted by the Council. B. Without limiting the generality of the foregoing provision, the Clerk shall be empowered and it is made the Clerk's duty to prescribe forms to be used in the administration of this Chapter, the proof to be furnished and conditions to be observed in the issuance of the licenses, prescribing notices required by this Chapter or the regulation thereof, and the manner of giving and serving the same, prescribing, subject to the provisions of this Chapter, the conditions and qualifications necessary to obtain a license, and providing for the inspection of such licensed premises, and make regulations respecting the sale and consumption of liquor in all places of business of said licensee. C. Notice that each proposed rule and regulation shall be considered by the Council and shall be published once in a newspaper of general circulation in the City prior to consideration by the Council. Said notice may summarize the substance of each proposed rule and regulation. D. A revocation or suspension of the State license by the Commissioner of Law Enforcement shall be deemed prima facie evidence for the revocation or suspension of any license issued hereunder. Ref. Idaho Code

6 7-14 TITLE 9 BUSINESS REGULATIONS 7-19 Sec Revocation, Suspension or Nonrenewal of Licenses. A. In the event of the conviction or violation of the licensee licensed under the provisions of this Chapter or any law of the United States of America, or of the State, or any ordinance of Latah County, Idaho, regulating, governing or prohibiting the sale, manufacture, transportation, consumption of any alcoholic beverage or intoxicating liquor or if the licensee licensed under the provisions of this Chapter shall violate any of the provisions of this Chapter, the Council may seek, in its discretion, the revocation, suspension or nonrenewal of said license. B. If the Fire Chief or designee, upon inspection of the licensed premises, has reason to believe that occupancy load limits have been exceeded, or that any other violation of health and safety regulations has occurred, such Fire Chief or designee shall have the authority to demand immediate compliance. If such compliance is not obtained, the Fire Chief or designee may issue a citation for such violation to said licensee and may immediately revoke said licensee's license to sell liquor. Ref. Idaho Code ; (Ord , Sec Licenses; Suspension or Revocation Review. The procedure for refusal to issue or renew a license issued under this Chapter or for suspension or revocation of said license shall be the same as established in Chapter 6, Title 9 of this Code. Sec Penalties. Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof in a court of competent jurisdiction shall be punished pursuant to this Code and the Idaho Code. Sec Repeal. All provisions of this Code insofar only as they are in conflict with the provisions of this Chapter are hereby repealed; provided, that the repeal as provided herein shall not affect any right which has accrued, any duty imposed, any penalty incurred or any action or proceeding commenced under or by virtue of any such provisions hereby repealed. Sec Public Places. It shall be unlawful for any person to sell, serve, give away, dispense, consume or carry any liquor in open containers on or in any public street, highway, alley, lane, sidewalk, public or private parking lot, conveyance, primary and secondary school facilities, except on the premises of a licensed retail liquor establishment. Sec False Representation as Being Twenty-One or More Years of Age a Misdemeanor. A. Any person under the age of twentyone (21) years who shall by any means represent to any person licensed to sell liquor at retail or wholesale, or to any agent or employee of such retail or wholesale licensee, that he or she is twenty-one (21) or more years of age for the purpose of entering licensed premises or inducing such retail or wholesale licensee, his or her agent or employee, to sell, serve or dispense liquor to him or her shall be guilty of a misdemeanor. B. Any person who shall by any means represent to any such retail licensee, his or her agent or employee, that any other person is twenty-one (21) or more years of age, when in fact such other person is under the age of twenty-one (21) years, for the purpose of entering licensed premises or inducing such retail or wholesale licensee, his or her agent or employee, to sell, serve or dispense liquor to such other person, shall be guilty of a misdemeanor. Ref. Idaho Code

7 7-20 TITLE 9 BUSINESS REGULATIONS 7-21 Sec Zoning. A. No license shall be issued for the sale of liquor for consumption on the premises located outside the boundaries of a Neighborhood Business zoning district (NB), Central Business zoning district (CB), General Business zoning district (GB), Motor Business zoning district (MB), Industrial zoning district (I), and University zoning district (U) as set forth in the Zoning Code and Moscow Zoning Map, except three-day catering permits as allowed by the Idaho Code and this Chapter; provided, that any license existing at the time of this Chapter may be renewed for the premises for which the license was issued without regard to the location of such licensed premises. B. No license shall be issued for any location where liquor is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred feet (300 ) of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises, except with the approval of the Council; provided that this limitation shall not apply to any duly licensed premises that at the time of licensing did not come within the restricted area but subsequent to licensing came therein. (Ord , 12/01/2008) (I.C ) Sec Establishing Additional Days for Liquor Sales. From the effective date of this Section, in accordance with the provisions of Idaho Code Section (2), and Latah County Ordinance Number 84, liquor may be sold in the City on Sundays, Memorial Day, and Thanksgiving. (Ord , 6/30/86)