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HomeMy WebLinkAboutORDINANCE NO. 341 BEER REGULATIONS - SIGNED - ... -....... .. -- - - - - - - -- - - J --- - - J - ..-----~ -... 0' . .-..--- -.0 A 0' ..._~...........,. --~---:---=:-..--=--~-- ORDINANCE NO. 341. ------,----~._~----_..- !i I' ii :! AN ORDINANCE REGO'IARING AND PROVIDING FOR THE LICENSING OF RETAILING OF BEER IN THE CITY OF REIEURG, IDAHO: FIliNG THE AMOUWT OF TAX FOR LICENSES: DEFINING CERTAlli SECTIONS OR PARTS OF SAID CITY IN WHICH BEER t TO BE C01'5Ul'iED ON THE PREMISES \VHERE SOLDt MAY BE SOLD AT RETAIL: PROHIBITING 'mE SALE OF BEER TO BE G ONSUMED ON mE BR:EMISEB WHERE SOLiD IN eERTAIN PLAOES: HE- Q,UIRING THAT PLACES RWERE BEER IS SOLD TO CLOSE AT CERT"'~TIMES: PROHIBITING THE SALE OF BEER TO MiNORS, AND PROVIDING OTHER REGULATIONS: AND REPULIlVG ORDINANCE :NU1IBER 334 OF SAID CITY. -) ~- -, BE IT ORDAINED By the Ma.Yor and Council of the City of Rexburg, Idaho: SECTION 1.- As used in this ordinance the words "person", "retailerlT, and "bee r" and othe r words used in c ormection Wi. th the au bje ct ma tter of this ordinaroe shall haTe the same meanings as are given such words in the laws of Idaho relating to and controlling the sa.le of beer, and particularly in CllJ'pter 132 of the 1935 Sessi on Laws of this state and amendments thereof; and the words "draught beer" as used in this ordinance shall mean and include any and all beer drawn or puured from the con- ta iner thereof by the vendor, or wi th his consent, fo r consumpt ion 0 f same on the pre~:ses.1'lhere sold; and the words Jfcouncil and "city council" a.s used herein shall rrean :,~,_::t '~ tftcltyc OtuK3:'i 1 0,1' t,he ci ty of Rexburg. SECTION 2.- It shall he unlawful ~or any person as a retailer to sell, deliver, distribute, or otherwise furnish or dispose o~. or offer for sale, or keep or have in his possession for glle, delivery orbther disposition, any beer, within the limits o:f'the ci ty of Rexburg, except for his own consumption or the consumption of htilrl;(family or guests, wi thou t first paying the tax and obtaining the license he rein . protid,a. for. SECTION 3.- Any person desiring to engage in the tnsiness of sale, barter, tra~~~ dlelivery or disposition of beer as a retailer, within th'e,.:limits of the city of Rexburg, shall before doing so, IllILke application to the city council for a license and pay the tax herein provided to be paid in such oases. Such application shall be in writing and shall state the namet age and sex of the applicant, the' business in which he is engaged, whether P individual, finn, co-partnership, or corporation, or other association of: persons, the street number or brief description and location of the -., place where beer is to be oold or kept for sale by such applicant. SECTION 4.- Every awlicant for a license under the provisions of this ordinance shall deposit wi th the ci ty Clerk for the uses and purposes of the city of,Rexburg, at the time of filing of his application, the amount in lawful money of the United States, herein required for the kind of license applied for, for the cur- rent calendar year. If such applica tion is filed be"tween the first day of January and " the first day of June, th er~ s~l be so deposi ted the tax for the full year, and if . ., 'i~?--'~:;~ filed between the first day of June and the 31st day of December, one-half of the yearly tax shall be paid. And all licenses shall expire on the 31st da~l of December of the year in which issued.. The license tax t.o be paid amd collected for the respective -". - - - - -] - - -0/ A '-............,-&0' & '-..c)"''-/~lb, l"-'lUIIV _.~~~~~~------- -------T I o RD nrA N:;E :NO. 341 - Con tinued . I II i: kinds of licenses hereby authorized, shall be the following: a.- Where the applicant applies for a license to sell as a retailer, only bottled felr canned beer, none of which is consumed, or to be consumed, on the pre- mises where sold, the license tax shall be $25.00 per year; and if any such bottled or canned beer is consumed, or is to be consumed on the premises where sold, the license tax shall be $50.00 per year. b.- Where the applicant applies for a license to s~ll as a retailer draught beer and bottled or cannedoe.er only, the amount of the license tax shall be ~lOO.OO per year. 1~ .~ SECTION 5. - No license shall be issued to any a.pplicant to engage in the sale of beer as a retailer within the said city of Rexburg until the tax has been paid, and the application of such applicant shall have been approved by the City council, and an order entered on the journal of the proceedings of the council di recting the issuance 0 f such license; and before ordering the issuance of any license under the provisions of this ominance the city council shall examine into the character and reputation of the applicant and of the place where he proposes to engage in business as a retailer; and the ci ty council may refuse to grant a license to any person v.ho, in their judgment, may not be a fit or pro,per person to conduct the business of selling beer at retail in said city, or if me place where the applicant proposes to carryon such business is not a suitable or orderly Dlace. PROVIDED Also That no license shall he issued to any per,]on to en(!'[L9;e in business in said ci ty as a retailer or beer, unless such ~erson shall have first obtained a county license from the Board of' County Commissioners of Madison County, as provided by the laws of the state of Idaho, nor shall any license .issue to any pers on whose county license shall have been revoked; and if the COl1nty lie en se 0 f any retailer shall be revoked after obtaining a license under this ordinance, such revocat ion shall be sufficient grcnnd for revoking any license issued. t'Qi;~"ch re- ~ } f:' --_-~-j ...: . tailer under this ordinance. SECTION 6.- Every license issued pursuant to the provisions of this ordinance shall be kept posted at all tines at the place of business of the licensee nalIitd therein, where beer is sold or offered for sale; and such license shall not I be transferable and shall not authorize the licensee or any pe rson to sell beer at any place within the cit,y of Rexburg, except the place mentioned and described in the applicaition for such lieense, and any attempt to transfer such license, or any sale or offering for sale of beer at any Ilace other than that mentioned and de- scribed in such application, shall b:e a violation of the provisions of this ordinance. SECTION 7.- Every place where beer is sold Within the city of Rexburg shall be maintained in a sanitary and orderly 0 aldi tion and as a qui te orderly place 0 f Ii , .;. business, and the same shall be open at all times to inspection by the police officers of the city of Rexburg, or any officers of Madison County, or of the State of Idaho, or of the lJni ted States. There shall 'be no screen or blind at any door or window, or other obstruction to the view of the general public into any build ing through ~~' . the doors and windows thereof, where beer ~1!P'ld. .i'", ..1t.). -: 1, '. SECTION 8.- No license shall be granted to sell beer at retail within the city of Rexburg in any room or moms in any second or third story of any building A / _._~__,..,,~~~ l 'U~ . ,', "". ~I - ---CJl -------- ------~--- I .-----.--r-------.--- I I Ordinaroe 341 - Cc,ntinued. or in any basement room or cellar, or in any room or rooms not in the first story, or upon the gound fl.oor of any building; and no beer shall be sold in any room or place which does not have a direct and immediate entrance from a public street, nor in any room or rooms hailing any connection whatsoever Wi th a place where dancing iis :1 is engaged i.n. I, Ii SECTION 9.- Ever,y person employed to sell beer at retail within the city o~ Rexburg, shall, before selling or despensing any draught beer, submi t to the examin- ation and test required by 'the health regulations of the State of: Idaho, and obtain a valid health certificate as provided in Chapter 12 of ],1 tIe 38 of 'the Idaho }~ -) '- .' eng-a -') \--. Code Annotated. r: SECTION 10.- No person under the age of twenty years shall be employed in the selling or di spensing of beer wi thin the ci ty of Rexburg, and no beer shall sold, dispensed or delivered to any person under the age o-r twenty years within said ci ty. SECTION 11. - No liceme to sell beer at retail within the ci ty of Rex- b~ I' II Ii 'I Ii , :: sold burg sh all be issued t 0 any pe rs on who is n01 an actual or bona fide resi dent of said oi ty, and no license shall be issued to any corporation, to sell beer within the said city, which does not have a regularly establishe.d place of business in said cit.y. SECTION 12.- No license shall be issued to any pe rson to sell or distri- '. bute dmught beer as a retailer in any room or place of business where groceries or :foods are sold to the general public, or in any general merchandise store within the city of Rexburg, and it shall be unJ.awful to permit beer sold in any such place of business to be consumed at the place where sold; and no beer sold or deli ve red in said city shall be drunk or consumed at a.ny grocery store or place where groceries or foods are sold to the general public, or at any general merchadise store. PROVIDED, That the provisions of this section smll not be applied to restaurants or cafes, or soft drink dispensaries., men not ope rated in c onne cti on Wi th the selling of :toods, except candies and other sweet meats. SECTION 13.- No license shall be issued to any person to sell or dis- tribute draught beer, or bottled or canned beer to be consumed on 'the premises where sold or delivered, in any residential distriot, or section of said city chiefiy ocoupied by residences. And any such licenses may be issued to retailers to sell or deliver such beer, in retail trade, only inthat part of said. ci ty, hereinafter dee --'" scribed and designated the business section. And no license shall be issued to any retailer to sell or deliver draught beer, or bottled or canned beer to be consumed ~~.~.~":Q!'_~_.r!l:t~"~~_~h.e"l:'.e sol~~ at or in any place or room wi thin the distance of 200 feet from the county court house, or the RexbuIg City building, or any public library, or any school house, room or place in which any kind of instruction or '1\ -~ tT8.ii'ltng is given to classes of chil-d.:ren of legal school age, as defined by the laws of Idaho, or place provided for high school or college students to assemble for receiving instruction or training of any kind, or any Bchool or college dormitory; or within 200 feet of any church, or church bUildiilg, or any public park or :play gr01!l:.D.d, or a.ny public camp ground, or premises where any camp cabins or cottages . " '<. for housing or acc omodation of tourists or travelers are maintained. ""<''''.'"-'''''''---~ - - - - - ~ - - - - -, ~.._.., & ,_...."'...., '-4. b, J. '\'-'./'\..l...JU16, JUUIIV CiIIO.O..ARN"'RD ST....CO.. Sf.LOUI. Ordinance 341 - Continued SECTION 14.- The section of the city designated as the business section and in which draught beer mBtY be sold in retail t~det subject to all other regul- ations and limitations provided in this ordinance. is described as follows: The North side of I~in street, between a point 300 feet West of the County Court House (si tuated at the Southeast corner of Lot 4. in Block 34 of the Rexburg Tomsi te,) and a point 330 feet West from central avenue; the South side of I/Iain Street between Second East Street and. Pi.rst Wast Street; College Avenue on either side between ~~in Street and Carlson Avenue; First East Street on either side between train street and a point 3~O feet North from Main Street; First East Street South 0 ei the r side between Main Street and a point 150 fee t Sout h 0 f lfui n Street. All other p:lrts of said city are hereby declared to be residential sections. SECTION 15.- The ci ty council reserves the right and power to deny, for cause, any applicaU::"n for a license to sell beer at retail wit hin -the c1 ty of' Rex burg t and the p owe r t 0 revoke an,y Ii cense issued under the provis ions of th is ordinance. if the holder of such license shall be convicted of a violation of any of the provisions of this ordinance. or of any law of -the State of Idaho relating to the re tail sale olf beer. SECTION 16. - All places where draught bee r is s old at retail shall be ,/ '-,/ <:.?; ~'~ cIa sed. each day. a t twelve 0' clock midnigh t. an d 'kept closed until seven 0' clock in the morning of the day following; and on every Saturday shall be closed at twelve o'clock midnight and be kept closed until seven O'clock in the morning of '::".~7 the Monday follOWing; and it shall be unlawful for any person to sell, or dispensse, :';:(:., or deliver any^beer on any day, between the hour 01f' twalve o'clmck mignight and seven o'clock in the morning of -the day following, or to sell, disperse or deliver any beer on the fi rst clay of the week. commonly ca lIed Sunday. or between the hour of twelve o'clock midnight of Satumay and seven o'clock in the morning of the Monft day f all Owing. SECTIOILl '1. - Any violations of the previsi ons of this ordinance shall be a misdemeanor, and any person convicted of a viola.tion of any of the provisions hereof sba,ll be punished by fine in any sum not exceeding $100..00 in the discret- *~!. ~~ ' ". v ,'~ j ion of the court wherein conviction is had, and ihe cost of -the action, and shall be' imprisoned in the ci ty or county jail at hard labor until such fine am costs are paid at the rate of $1.50 per day. And if any retailer to whom a license has been issued pursuant to the provisions of this ordinance shall be convicted of any violation of the provisions hereof, or of a.ny law of the state of Idaho. relating to 1h e sa.l e of retail Saae of bee r, the lic eJJlse of su ch retailer may be revoked 0 r suspended for such t imeas the council a n:l M!wor may determine by order of the council. and after revocation such retailer shall aot be eligible to receive a lie ense to sell beer in the city of Rexburg fur a period of at least one yea.r after the date of such revocation. SECTION 18.- Ordina.nce Number 334 of the City of Rexburg -passed and approved on the 15th day of December. A. D.. 193'1, and all other ordinances alld ~ J. ;' ...........,............A....~...._'_ ---..., -"'-.1 .....,... .& '~""'............~..~, .. "......"lIIo."-' """""'b, &"""'~&..'-' Ordinance 341 - Continued. and parts of ordinances in conflict herewith are herby repealed. pa.ssed the 5th day of January, A. D., ....1940. G~_} ()~/ Cit~ Ie lk Approved January 5th, 1940. ~de yor (SEAL) STATE OF IDAHO ) I ) County of Madison I SSe I HEREEY CERTIFY, That the f0Ngoing is a full, true and correct copy of Ordiname No. 341 of the city of Rexburg, Idaho, passed by the city council on the 5th day of January, 1940. t,~'-j 'Jirt.~.I/ C i Y Ie rlt (Seal) .... .,......~,- 'I 11 Ii II iI ii :' n Ii I: Ii ~ : I, il I: - I! ) ) ~ 1 . ~. ~ ~) ..~ 1 VI "