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HomeMy WebLinkAboutORDINANCE NO. 334 BEER REGULATIONS - SIGNED c...J I - ---C='} -------~ . ..^ (;' r. ,'.' t., !. . ' . . /' , /~ -- -----------1 I I I ii Ii I I: I! I I ~ :i r II Ii iI ii I, i I' II ORDINANCE No. 334. ii Ii !I II /, .I I' :1 Section 1 - As used in this ordinance the words "person". "retailerTt J and IlbeerTl I' and other words used herein in connection with the subject matter of this Ordinance shall hi! have the same meanings as are given such words in the laws of the State of Idaho permi ttingl: and. controlling the sale of beer, and particularly in House Bill Number 108 of the Twenty- :1 .third Session of the Legisiature of the state of Id.aho, being "An Act For ~ne Authorization~ Regulation and Control of the Manugacture, Sale and Distribution of Beer and Defining the II Same", and oontain~ng othe r provisions. As used in this Ordinance the te rm draught bee r !i is hereby detined ;',,'. be any beer opened and sold on the premises where sold. il I, Section 2 - It shall be unlaw:tnl., for any person as a retailer to sell, deliver II furnish of otherwise disp08e ot, or offer for sale or keep or have in his possession for Ii sale, deliver.r or other diSP08. i...t, ion, any beer wi thin the limits ot the City of Rexburg. ex-t.' ... cept for his own consumption 01- the eoneumption of his family or guests.. without first payi g the tax and obtaining the lic!~se herein proviaed for. 1 . I Seotion 3 - Any perae desiring to engage in the business of sale. barter, trade, " delivery or distribution ot beer a~ a reta.il.er.. wi thin the limits of the Oi ty of Rexburg, II shall make application to the City Council. for a license and shall pay the tax herein pro- i vided to be :paid in such oases. Such applica.tions shall be in writing and shall state the !, name.. age and sex of the applicant; the business in which he is engaged>> whether an in- ;: dividual., firm, co-partnership or oorporation or other association of persons. the street ..... number or other "trie! description of the place where beer is to be sold or kept for sale by such applicant. AN ORDINANCE PROVIDING RlR THE LICENSING OF RETAIIERS OF BEER IN THE CITY OF REXBURG, IDAHJI: FIXING THE AMOUNT OF TAX FOR SUCH LICENSES: REQUIRING TF-E FILING OF WRITTEN APPLICATIONS roR LICE1~SES: PRESCRIBING CERTAIN LIMITATIONS AS !I'O PLACE WHERE, AND DISTRICTS WITHIN WHICH, BUR MAY BE SOLD: AND REGULATIONS AS TO TItE KEEPING OF SUCH PLACES: PRO- VIDING A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF TIllS ORDINANCE AND FUR THE REVOCATION OF LICENSES: AND REPElLING ORDINANCE No. 323 OF TIlE CITY OF ,REXBURG. '.'~ -"""' BE IT ORDAINED by the Mayor and City. Council of the City of Rexburg, Idaho: ')'. Section 4 - Every applicant tor a license under the provisions of this Ordinance shall deposit with the City Clerk for the uses and purpmses of the City of Rexburg, at the time of filing his application. the amount in lawfUl money of the United States, herein required for the kind of license applied for, for the current calendar year. If s\lch ap- plication 18 :tilet between ~he :tirst day 01' JanuaI7 and the first day of June there shall be deposi ted the tax for the ~ll year, and it tiled between the :first day June and the 31st day of' December one-half' o~ the yearly tax. The license tax.to be paid and collected before ~ny lioense shall issue fo1 the reapeative kinds of licenses hereby authorized shall be the following: ; , A - Where suoh ap~licant applied for & license to sell, as a retailer.. only bottled beer. the amount to be ,alij-'aill oollected shall be J'U'ty Dollars ',er year. B - Where such ap~icant applies for a license to sell. as a retailer. draught beer and bottled beer. or 4lraught beer only, the amount to be paid and colle:cted shall be One Hundred Dollars per ye~r. Section fi - :10 lic:ense shall be issued to any applicant to engage in the sale of beer, .,as a retailer, within said City until the applioantion therefore shall have been approved by~the City Counoi~ and an order entered on the journal of the proceedings of the Council directing the issuance ot such license; aad before ordering the issuance of any license under the provisions of this Ordiaanee, the City Council shall examine into the character and the reputation of the applicant and the place where he proposes to engage in business as a retailer. and the City Council may refuse to grant a license lo any person who in their' judgment may not be a sui table or proper person to oonduot the business 01' a retailer. or the place where the applicant proposes to carr" on suoh business i8 not a suitable to orderly place. Section 6 - Every license issued pursuant to the provisions of thJa Ordinanoe shall be kept posted at all times in the place of business ot the licensee name~heT.in, where beer is sold or offered for sale, and such license shall not be transferable and shall not authorize the licensee or any other person to sell beer at any plaoe within the City of Rexburg, except the place mentioned and described in the application for said license, and any attempted transfer of such license.. or any sale or offering for sale of beer at any place other than that mentioned and described in such application shall be a violation of the provisions of this ordinance. Section 7 - Ever,y place where beer is sold within the City of Rexburg shall be maintained in a sanitar.y and orderly condition and as a quiet orderly place of business. and the same shall be open to inspection at all times by any polioe officer of the City ~ Rexburg, or any officer of Madison County, or the state of Idaho, or of the United states, and there shall be no screens or other obstructions to the view of the general public into any building where beer is sold, through 'the windows or doors thereof. ') ,/ : ';' Section 8 - No license shall be granted to sell beer at retail wi thin the City of V.... Rexburg in any room or 1I'00ms in any second or third. story ~t any building, or in any room , or rooms not in the first stor,y or upon the ground floor of an~ building, or in any cellar \ cor basement room or in a.ny place or room which does not have dlrect entrance from a publiC \, street. or in any room or rooms having any connection whatsoever With a place where dancing is engaged in. ..,__..-/ Seotion 9 - Every per.on employed to sell beer at retail within Madison County, Shall before selling or dispensing any draught beer, submit to the examination and test required by the public health regulations of the State of Idaho and obtain a valid health certificate as provided in Chapter 12 of Title 38 of the Idaho Code Annotated. J 't~ I" '\ ,- . _____.~~~<.r-. ~ il'. -- ~, - - -.; - - - . ~ - -.,-- --.... - i:::)] - ... - ... ... - -.... ~, & ~ ~ &. & "" aEo.D.aAItHAItD ITA.CO.. SiT.LOUI. ') '" I "'" ...., i\' ,Ji I I. il II P II Ii I ,I II II Ii ,I Ordinance No.334 - Continued. I II r; Section 10 - No male pe rson under the age of twenty (20) years and no female person under the age of eighteen (18) years shall be emplyed in the selling or dispensing of any draught beer. Section 11 - 19 license to sell beer a, retail within Madison County shall be issued to any person who is not an actual resident of said County and no license to sell draught beer at retail within said County Shall be issued to any corporation. Section 12 - The City hereby reserves the Mght to)reject any application :nJr cause. I I I Ii Ii II II 'I ji I I ,i II .1 it i Section 13 - A~l persons selling beer must cease to sell sa~e at 12 o'clock midnight and refrain from selling the same until 7 A.M. the next day. Section 14 - It shall be unlawfUl for any retailer conducting a grocer,y store or other place where groceries or foods are sold to the general public, or any general ": merchandise store, within the City of Rexburg, to permit beer sold in such places of business to be consumed on the premises where sold and no beer sold or delivered pursuaant to the provisions of this Ordinance or the laws of Idaho, shall be drunk or consumed at any grocer" store or place where groceries or foods are sold to the general public or at any general merchandise store within the City of Rexbnrg. Provided, that the pro- visions of this Section sha~l not apply to restaurants or cafes or soft drink dispensaries. Section 15 - Licenses shall be denied to any person for sale of d~ught beer in any residential district and shall be granted to persons doing business within the following commercial districts only: "Commencing on East Main street 300 feet .eat of the Court House; west along Main street to Within 200:teet of the Main Bui~ding of the Madison High School; South ~~om ~~in street along College Avenue to Carlson Avenue; ,nor shall beer beer be sold within 200 feet of any sChoolJ~ormitor.r, church building, City P_rk or public playgroul~." All other territory within said City is hereby designated as a resindental district. Section 16 - Any violation of the provisions of the Ordinance shall be deemed a misdemeanor, and any person convicted of a violation of any of the provisions hereof siall be rtzinished by fine in any sum not exceeding One Hundred Dollars, in the discretion of the !court whe rein conviction is had, and shall..be imprisoned in the City or County jail ath&r4 labor until such fine is paid at the~te of One Dollar and Fifty cents per day. And if any retailer to whom a license has b~en issued pursuant to the provisions of this Ordinance shall be convicted of any violation of the provisions hereof. or any law of the St~te of Idaho relating to the retail sale pf beer, the license of such re- tailer may be revoked or suspended for such time as the City Council may determine by order of the ~ouncil and if revoked such retailer shall not be eligible to receive a license to sell beer within the City of Rexburg for a period of at least one year after the date of 8lch revocation. Se.tion 17 - Ordinance .umber 323 of the City of Rexburg passed and appr~ved on the 24th d$Y o:t ApR!l 1936 A.D. is hereby repealed. '".. Passed this l~th day of December, A. D. 1937. .~ .,' , Attest: ~~~~ yore . Oi ty' Cle rk > ,'J_,r,. (SIAL) f -<i1 ~ ~ .....- ,,'_}!L ..n. , ___ 1 ____ . F.