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Home My WebLink AboutORDINANCE NO. 323 BEER REGULATIONS - SIGNED "-"""'" .. ............ .. -- - .. - - - - - - -, -- -., - - - "'_.....-.--.,... -.. 0' .. .-.......... -...~, -,. .- IN TEE CITY OF REXBURG, IDAHO: FIXING trItE AMOUNT OF TAX FOR r II II Ii \i II Ii " -) l ORDINANCE NO. 323. AN ORDINANCE PROVIDING FOR THE LICENSING OF R3TAILERS OF BEER SUCH LICENSES: FOR LICENSES: RECJJIRnm THE FILING OF WRITTEN APPLICATIONS PRESCRIBING CERTAIN Ln.nTATIONS AS TO PLACES WHERE BEER I..:AY BE SOLD AND REGULATIONS AS TO THE KEEPING OF SUCH PLACES: PROVIDING A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF T'TIS ORDINANCE AND JroR THE REVOCATION OF LICENSES: AND REPEALING ORDINANCE lroMBER 314 OF THE CITY OF HEXBURG. ) '-- i' II BE IT ORDAINED By the Mayor and Council 0 l' the City of Rexburg, Idaho: ii !i Section 1.- As used in this Ordinance the words "personTl "retailerTl and ITbeerlT and, oth~r words used herein in connection wi th the subjec t ma tter of this Ordinance shall have the samt meanings as are given such words in the laws of the State of Idaho permitting and controllinf, the sale of beer, and particularly in House Bill Number 108 of the Twenty-third Session of i I I the Legislature of the State of Idaho, being, "An Act For The Authorization, Hep-ulation and ~ Control of The l\'ianufacture, Sale and Distribution of Beer and Defining the SameT!, and con- taining other provisions. Section 2.- It shall be unlawful for any person as a retailer to sell, deliver, f'U.r- nish or otherwise dispose of, or offer for sale or keep or have in his possessi on for sale, delive ry or'other disposition for his own consumption or , Section 3.- Any limi ts of the City of Rexburg, except family or guests, without first payinp the tax and obtaining the provided for. -, .1very or distribution \ 'make application to the be paid in such cases. co-partnership or corporati ,. .~ ne88;,lt:1which he is engaged, whether an individual, fIrm. or other association of persons, the street number or other and sex of the brief description of the p~ce where beer is to be sold or kept for sale by such applicant. Section 4.- Every applicant for a license under the provisions of this Ordinance shall deposit with the City Clerk, for the uses and purposes of the City of Rexburg, at the time of ''I "filing his aDplication, the amount in lawful money of the United States, herein rewuired for the kind of license applied for, for the current calendar year. If such application is filed between the first day of January and ,the first day of June there shall be de~osited the tax for a full year, and if filed between the first day of June and the 31st day of December, one-half of the yearly tax. The license tax to be paid and collected before any license shall issue for the respective kinds of licenses hereby authorized shall be the -, following: A.- Villere such applicant applies for a license to sell. as a retailer, only bottled beer, the amount to be paid and collected shall be Twenty-five Dollars per year. B.- 'mere such applicant applies for a license to sell, as a retailer, draught beer and bottled beer, or irau~ht beer only, the amount to be paid and collected shall be ~ \ ' Seventy-five Dollars per year. Provided, for the year 1935, every retailer who has paid the amount of license tax reCluired by Ordinance Number 314 of the City of Rexburg, and is engaged in business as a retailer by right of a license issued under said Ordinance, shall be given credit for the amount :paid for such outstanding license. .~ "'~.~~ I~-~"'" .p'_~""'_~1 -. >~f;oL - - - -, - - -~ - '-~~-_&~, ... '-..r:l>.."-/~IE" I~~IIV GIO.O.8""NAltD aTA.CO., ar,LOUI' . ORDINANCE NO. 323. (Continued) Section 5.- No license shall be issued to any applicant to en,cra~e in the sale of beer, as a retaw.er, wi thin said Ci ty until the application therefor shall have been approved by li Ii :1 ii ;1 :1 I Ii !I I I' !i the City Council and an order entered on the journal of the proceedings of the Council direct~ " Ii " and before ordering the issuance of any license under the I " provisions of this Ordinance the City Council shall examine into the character and reputation: , ing the issuance of such license; , " of the applicant and the place where he proposes to engage in business as a retailer, and thei Ii II 11 I. il Ii ji i: i! City Council may refuse to grant a license to any person who in their judGment may not be a sui table or 'proper person to conduct the business of a retailer, or the place where the ap- plicant proposes to cary on such business is not a suitable or orderly place. Section 6.- Every license issued pursuant to tte proVisions of this Ordinance shall be kept posted at all times in the place of business of the licensee named therein, where beer is sold or offered for sale; and such license shall not be t.~~~ferable and shall not auth- orize the licensee or any other person to sell beer at any place within the City of Rexburg, except the place mentioned and described in the application for said license. and any atte~Pld transfer of such license, or any sale or offering fCir sale of beer at any place other than . that mentioned and described in such application shall be a violation of the provisions of I this Ordinance.,. See ti on 7. - Eve ry place whe re bee r is 00 10.. wi thin the City of Rexburg shall be main- tained in a sanitary and orderly condition and as abyqUaniyetpaonldl'ceordo:..Lrf~YcePrlaocfethOef bcuistyireOSfSR'eXanbUd~, the same shall be open to inspection at all times . ~ '. ~ shall De no screens or other obstructions to the or any officer of' M:adioo n County, or the Sta te of Idaho, .~h fr,,;J~" the United States, and there ral public intn any b~ilding where beer is sold, through the windows or doors th~~:~t"., i Section 8.- It shall be unlawful for any retailer oonduoting a grocery store or other . .~, .' .":~(~"i:.,. ,. . p~ace where groceries or foods are sold to the ge~eral publio, or any ~eneral ~erchandise store, within thei City of Rexburg, tlb permit beerij'Old at such places of business to be con- sumed on the premises where sold; and no beer sold or delivered pursuant to the nrovisions of this Ordinance or the laws of Idaho shall be drunk or consumed at any groce ry store or place where groceries or foods are sold to the 0'eneral public or at any general merchand.ise store within the Pity of Rexburg. apply torestaurahts or cafes or soft drink dispensaries. I ' Seotion 9.-0jAnt violation of the provisions of this Provided, that the provisions of this Section shall not Ordinance shall be deemed a misde- , meanor, and any person convicted of a violation of any of the provisions hereof shall be pun- ished by fine in any sum not exceeding One Hundred Dollars, in the discretion of the court wherein convic\iop. is hael, and shall be imprisoned in the City or County jail at hard labor i , until such fine iF paid , at the rate of One Dollar and f1~ty cents per day. And if any 1tailer to whom a license has been issued pursuant to the provisions of tltis Ordinanoe sha.ll b~ convicted of any violation of the provisions hereof, or of any law of the StaiB of Idaho re~ating to the retail sale of beer, the license of such retailer may be revoked or suspended tor ~uCh time as the Ci ty Council may determine by order of the Council, and if revoked suchl.ret&11er shall not be eligible to receive a license to sell beer wi thin the Ci ty of ,Rexburg for a period of'at least one year after the date of suoh revokation. Section 10.- Ordinance Numbe rr 3~1: of the City of Rexburg passed and approved on the 19.th day of JulY', 1933, is he reby repealed. Passed the 24th day of April, A.D. 1935. Approved the 1st day of I~y, A. D. 1935. h: .. /" Attest: T. G. Richman Ci ty Cle rk (SEAL) A:r:thur Porter, Jr. Mayor :(~: .~' i . . " .,..~ _A_ .ti._>- /