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STAR CITY CODE - LIQUOR BY THE DRINK 2-2A-1: Definitions As used in this article, terms shall have the definitions as defined in Idaho Code title 23, chapter 9. (Ord. 7, 4-7-1998; amd. Ord. 317, 11-9-2020) 2-2A-2: License Required It shall be unlawful for any person to sell liquor by the drink at retail within the corporate limits of the city without first having obtained a license therefor as provided in this article. (Ord. 7, 4-7-1998) 2-2A-3: Application For License 1. Contents Of Application: Each applicant for a license shall file with the city clerk an application, in writing, verified by affidavit, setting forth the following: 1. The name and address of the applicant, which shall include all members of a partnership or association, and the officers and members of the governing board, and ten (10) principal stockholders of a corporation. 2. A detailed statement of the assets and liabilities of the applicant. 3. A statement that the applicant possesses all of the qualifications and none of the disqualifications necessary to obtain a state license from the director, as provided by Idaho Code title 23, chapter 9, and that the applicant holds a retail beer license issued under the laws of the state of Idaho. 4. A detailed description of the premises for which a license is sought, including its location, showing that it is located in a zone in which the sale of alcoholic beverages is permitted under the zoning regulations of the city, and the name of the owner of the premises. 5. A copy of the articles of incorporation and bylaws of any corporation, the articles of association and bylaws of any association, or the articles of partnership of any partnership. 6. The names and addresses of all persons who will have a financial interest in any business to be carried on in the licensed premises, whether such interest results from open loans, mortgages, conditional sales agreements, limited partnerships, trusts, or any other basis other than accounts incurred in the ordinary course of business, and the extent of such interest. 7. If the premises to be licensed is not owned by the applicant, then a true and correct copy of the lease shall be attached showing that the owner consents to the sale of liquor by the drink on such premises. 8. Such other information as may be reasonably required by the city clerk in order to determine the applicant's qualifications or disqualifications for a license under this article. 2. Change Of Information: ---PAGE BREAK--- 1. If, during the period of any license issued hereunder, any change shall take place in any of the requirements of this section, the licensee shall forthwith make a verified report of such change to the city clerk. 2. If, during the period of any license issued hereunder, the licensee seeks to move his business from one premises to another within the city, he may do so subject to the director's approval that the new premises is suitable for the carrying on of the business, and subject to compliance with applicable zoning, building and other ordinances of the city. 3. False Information: The making of any false statements in any part of the application, or in any subsequent report required under this section, shall constitute a misdemeanor. This penalty is separate from any other penalties established by Idaho Code. (Ord. 7, 4-7-1998; amd. Ord. 317, 11-9-2020) 2-2A-4: Procedures On Application 1. Investigation: Upon the receipt of an application for a license under this article, accompanied by the required fee, the city clerk shall obtain and review the report of the investigation of the applicant by the director, and may rely upon the director's investigation in determining whether or not the applicant possesses all of the qualifications and none of the disqualifications for a license. The city clerk may, additionally, conduct such independent investigation as he may deem appropriate and shall, within thirty (30) days of receipt of the application and fee, cause to be transmitted to the city council the application and the results of such investigation. 2. City Council To Issue: If the city council shall determine that the contents of the application are true, that such applicant is qualified to receive a license and that the requirements of this article have been met and complied with, it shall, by motion or other official action, approve the same, and the city clerk shall issue the license; otherwise, the application shall be denied and the license fee refunded. 3. Form, Expiration, Renewal And Transfer Of License: 1. Form: Every license issued under this article shall be issued by the city clerk upon direction of the city council 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 city clerk deems necessary. If issued to a partnership, the names of the persons constituting the 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 and prominently displayed in the place of business at all times. Every license issued under the provisions of this article is separate and distinct, and no person except the licensee named therein, except as herein otherwise provided, shall exercise any of the privileges granted thereunder. 2. One License Only: No person shall be granted more than one license in the city for any one year. No partnership, association or corporation holding a ---PAGE BREAK--- license under this article shall have as a member, officer or stockholder any person who has any financial interest of any kind in, or is a member or an officer of, another partnership, association or corporation holding a license in the city for the same year. 3. Term Of License: License year shall be from one minute past one o’clock (1:01) A.M. July 1 through June 30 of the following year, and shall be subject to renewal upon proper application. 4. Renewal: Renewal applications for licenses accompanied by the required fee must be filed with the city clerk on or before June 30 of the following year; provided, however, any licensee holding a valid license who fails to file an application for renewal of his current license on or before June 30 of the following year shall have a grace period of an additional thirty one (31) days in which to file an application for renewal of his license and during which time he shall not be permitted to sell and dispense liquor by the drink at retail. 5. Transfer: Application to transfer any license issued hereunder shall be made to the city clerk. Upon receipt of such application, together with a transfer fee in the amount of ten percent (10%) of the purchase price of the liquor license upon sale, or fifty percent (50%) of the annual license fee for transfers other than a sale, the city clerk shall make the same investigation as provided under subsection A of this section and submit such application for transfer to the city council, which shall by motion or other official action grant or deny the transfer of said license. In the event the city council grants the transfer of said license, the license shall be endorsed to the proposed transferee by said licensee for the remainder of the period for which such license was issued, and the city clerk shall note approval of such transfer on such license. No transfer fee shall be collected for transfers described in Idaho Code section 23-908(4). 4. Administrative Approval of Liquor by the Drink License: If on any renewal of a Liquor by the Drink License is applied for, meets the requirements set forth within this Title and Chapter and all fees are paid within the allotted license time period, the application may be “Administratively Approved” by the City Clerk without further approval of the City Council. (Ord. 7, 4-7-1998; amd. Ord. 217, 6-22-2011; Ord. 304, 2-11-2020; Ord. 317, 11-9-2020) HISTORY Amended by Ord. 382-2023 on 5/2/2023 2-2A-5: License Fees Each licensee shall pay an annual license fee, in advance, in the amount of five hundred sixty-two dollars and fifty cents ($562.50) per annum. 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, but shall not be less than one-fourth (1/4) of the annual fee. (Ord. 7, 4-7-1998; amd. Ord. 317, 11-9-2020) 2-2A-6: Conditions Of License ---PAGE BREAK--- 1. Hours Of Sale: No liquor shall be sold, offered for sale, or given away upon any licensed premises, and all liquor not in sealed bottles must be locked in a separate room or cabinet, during the following hours: Memorial Day, Thanksgiving and Christmas On any other day 1. Any patron present on the licensed premises after the sale of liquor has stopped, as provided above, shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverages already served. 2. Any person who consumes or intentionally permits the consumption of any alcoholic beverage upon licensed premises after the time provided for above shall be guilty of a misdemeanor. 3. It shall be the duty of every person who is employed at or upon a licensed premises or who owns or manages a licensed premises and is present upon the licensed premises during the hours and at the time set forth in this section to lock up and keep locked up in a locked room or locked cabinet all unsealed containers of liquor during the hours and at the times set forth in this section, and any such person who fails to perform the duty provided herein shall be guilty of a misdemeanor. (Ord. 206, 12-2-2009) 2. Actual Use Required: Each new license shall be placed into actual use by the original licensee at the time of issuance, and shall remain in actual use for at least six consecutive months or be forfeited to the city. Such license shall not be transferable, except as provided in Idaho Code section 23-908(4), for a period of two years from the date of the original issuance. (Ord. 7, 4-7-1998; amd. Ord. 317, 11-9-2020) 2-2A-7: Age Restrictions Idaho Code section 23-945 requires every alcoholic beverage licensee to post an age restriction sign. Such sign shall contain the following words in lettering of at least one inch in height: Admittance of persons under 21 years of age is prohibited by law. Such sign shall be placed conspicuously over or on the door of each entrance to the licensed premises and must be clearly visible from the exterior approach to such premises. (Ord. 7, 4-7-1998) ---PAGE BREAK--- 2-2A-8: Revocation Or Suspension Of License 1. The city council may, in accordance with proceedings provided for revocation of beer and/or wine licenses under subsection 2-2B-8A2 of this title, revoke any license for any grounds set forth in subsection 2-2B-8A1 of this title, or upon any other ground authorized by Idaho Code title 23, chapter 9. 2. The suspension of a license for the sale of beer and/or wine shall automatically result in the suspension of any license for the sale of liquor held by the same licensee and issued for the same premises. Such additional suspension shall be equal in length to and run concurrently with the period of the original suspension. (Ord. 7, 4-7-1998) 2-2A-9: Violation; Penalty Any person convicted or found guilty of a violation of any of the provisions of this article, without regard to the form of the judgment, may be punished as provided in subsection 1- 4-1A of this code; and in addition thereto, any person so convicted shall pay costs as the court may assess. (Ord. 7, 4-7-1998; amd. 2006 Code) ---PAGE BREAK--- STAR CITY CODE - BEER & WINE 2-2B-1: Definitions As used in this article, terms are as defined in Idaho Code title 23, chapter 10. (Ord. 6, 4-7-1998; amd. Ord. 317, 11-9-2020) 2-2B-2: License Required It shall be unlawful for any person to sell beer and/or wine at retail without first obtaining a license from the city; provided, however, that the city shall not issue a license to any retailer until such retailer shall have first obtained a county license from the Ada County commissioners. (Ord. 6, 4-7-1998) 2-2B-3: Application For License; Issuance 1. Qualifications Of Applicant: An applicant for a license or the transfer or renewal of a license, shall possess all of the qualifications and none of the disqualifications necessary to obtain a retail beer and/or wine license from the director of the department of law enforcement, as prescribed by Idaho Code title 23, chapter 10. The applicant shall possess a current state retail beer license from the director and a current county retail beer license from the board of Ada County commissioners. 2. Application For License: Application for a license to sell beer and/or wine at retail or the transfer or renewal of such license shall be made in writing by an applicant. An application shall contain such information and statements relative to the applicant and the premises where beer and/or wine is to be sold as the mayor and city council reasonably require, and shall be verified by the affidavit of the person making it before a person authorized to administer oaths. Such application shall be filed with the city clerk and shall be accompanied by the fee required in section 2-2B-4 of this article. 3. Review Of Applications: When the city clerk determines that an application for a license or the transfer or renewal of a license is complete, the city clerk shall present the application to the city council at its next regular meeting. If an applicant possesses all of the qualifications and none of the disqualifications for a license, as provided in subsection A of this section, the city council shall approve the application. If the city council denies the application, the city council shall specify in writing: 1. The statutes, ordinances and standards used in evaluating the application; 2. The reasons for the denial; and 3. The actions, if any, that the applicant may take to obtain a license or the transfer or renewal thereof. 4. Administrative Approval of Beer and Wine License: If on any renewal of a Beer or Wine License is applied for, meets the requirements set forth within this Title and Chapter and all fees are paid within the allotted license time period, the application ---PAGE BREAK--- may be “Administratively Approved” by the City Clerk without further approval of the City Council. (Ord. 6, 4-7-1998) HISTORY Amended by Ord. 382-2023 on 5/2/2023 2-2B-4: License Fee And Term 1. Fees: 1. Annual Fees: The license fee imposed and collected shall be the sum of two hundred dollars ($200.00) per year for beer and the sum of two hundred dollars ($200.00) for wine. 2. Other Fees: Other license fees are as follows, and each shall be prorated to reflect the actual months of issuance: 1. Where the retailer sells only bottled or canned beer, none of which is consumed on the premises where sold, the license fee shall be fifty dollars ($50.00) per year. 2. Where such retailer sells only bottled wine, none of which is consumed on the premises where sold, the license fee shall be fifty dollars ($50.00) per year. 3. Transfer Fee: Where the retailer obtains a license originally issued to another retailer, the license transfer fee shall be ten percent (10%) of the annual license fee. 4. Location Transfer Fee: Where a retailer transfers a license from authorized premises to other approved premises, the license transfer fee shall be ten percent (10%) of the annual license fee. (Ord. 6, 4-7-1998) 2. Term: Such license year shall be from one minute past one o'clock (1:01) A.M. July 1 through June 30; provided, however, should a license be issued for less than a full calendar year, the license fee shall be prorated in accordance with the actual months of issuance. (Ord. 217, 6-22-2011; amd. Ord. 304, 2-11-2020) 2-2B-5: Conditions Of License 1. Hours Of Sale: It shall be unlawful and a misdemeanor for any person in any place licensed to sell beer and/or wine where beer and/or wine is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, to sell, dispense or give away beer and/or wine between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. Any patron present on the licensed premises after the sale ---PAGE BREAK--- of beer and/or wine has stopped, as provided herein, shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverage already served. 2. Location Restrictions: No beer and/or wine by the drink license shall be issued for any place where beer and/or wine 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 city 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. 3. Premises Restrictions: A retailer licensed under the provisions of this article shall sell beer and/or wine only upon the premises described in the license application and approved by the city council. 4. License Posted: The retailer's city license to sell beer and/or wine at retail shall be posted in a conspicuous place upon such premises during the period of time for which the license is issued. 5. Beer License Prerequisite To Wine License: If the application for license is for a retail wine license or wine by the drink license, the applicant must possess a retail beer license issued by the director. 6. Change Premises Or Transfer License To Another: 1. A licensed retailer seeking to change premises shall make application to the city clerk in accordance with the provisions of subsections 2-2B-3B and C of this article. 2. A retailer licensed under the provisions of this article shall not assign or otherwise transfer a city license to sell beer and/or wine at retail to another person without the approval of the city council. Application to transfer a license to another person shall be made to the city clerk in accordance with the provisions of subsections 2-2B-3B and C of this article. (Ord. 6, 4-7-1998; amd. Ord. 317, 11-9-2020) 2-2B-6: Restrictions Concerning Age Any person who is nineteen (19) years of age or older may sell, serve, possess or dispense beer and/or wine in the course of his employment, otherwise it shall be unlawful for any person to sell, serve or dispense beer and/or wine to or by any person under twenty one (21) years of age, proof of which shall be a validly issued state, district, territorial possession, or other equivalent government driver's license, identification card or military identification card bearing a photograph and date of birth. (Ord. 6, 4-7-1998) 2-2B-7: Inspections The director, or any duly authorized representative of the director, any Ada County sheriff, and any city police officer, shall have the right, at any time the premises of a licensee is occupied for any purpose, to make an examination of the premises for the purpose of ascertaining whether the laws of the state, the rules and regulations of the director, and the ---PAGE BREAK--- ordinances of the city and county are being complied with. The failure of a licensee or of a licensee's agents or employees to permit any person authorized hereunder to enter and examine the premises shall be deemed a violation of this section. (Ord. 6, 4-7-1998) 2-2B-8: Revocation Of License 1. License Revocation: 1. The city council may revoke any license for fraud and misrepresentation in its procurement, or in the event of the conviction of a licensed retailer under the provisions of any city or county ordinance, or of any law of the state or of the United States, regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquor, or upon any other ground authorized by Idaho Code title 23, chapter 10. 2. The city council shall proceed in accordance with the notice and hearing provisions of Idaho Code title 67, chapter 52, in considering the revocation of a license pursuant to subsection A1 of this section. The city council shall cause to be kept minutes and make a transcribable verbatim record of any revocation proceeding. If a license is revoked, the city council shall keep the transcribable verbatim record of the proceeding for a period of not less than six months after a written decision on the matter is transmitted to the licensee. 2. Judicial Review: An applicant or licensee aggrieved by a decision of the city may seek judicial review under the procedures provided in Idaho Code sections 67-5270 to 67-5279. (Ord. 6, 4-7-1998; amd. 2006 Code) 2-2B-9: Violation; Penalty Any person convicted or found guilty of a violation of any of the provisions of this article, with regard to the form of the judgment, may be penalized as provided in subsection 1-4-1A of this code, with either or both the fine and imprisonment being imposed; and in addition thereto, any person so convicted shall pay costs as the court may assess.