CHAPTER 03 Title 4 Beer
CHAPTER 3
BEER
SECTION:
4-3-1: Definitions
4-3-2: License Required
4-3-3: License Fees and Expiration
4-3-4: Application for License
4-3-5: Prohibited Licenses
4-3-6: License for Designated Address Only
4-3-7: Location Restrictions
4-3-8: Posting of License
4-3-9: Transfer of License; Transfer Fee
4-3-10: Right of Entry
4-3-11: Sale to Minors Prohibited
4-3-12: Conduct of Business
4-3-13: Hours of Sale
4-3-14: Penalty
4-3-1: DEFINITIONS: Certain words and phrases used in this Chapter are
defined as follows:
Any beverage obtained by the alcoholic fermentation of
BEER:
an infusion or decoction of barley, malt and/or other
ingredients in drinkable water and which contains not
more than six percent (6%) alcohol by weight.
BEER BY THE DRINK:
A license to sell beer by the individual glass or open
bottle at retail for consumption on the premise.
DISTRIBUTOR: A person who is employed by or is an agent of a retailer
to sell, serve or dispense beer.
LICENSE: A license issued by the City Clerk authorizing a licensee
to sell beer at retail.
LICENSEE: A qualified person to whom a license for the retail sale of
beer is issued under the provisions of this Chapter.
The building, room or place in which the retail sale of beer
PREMISES:
by a licensee is authorized under this Chapter.
RETAILER: A person to whom a beer license has been issued.
Page 1 of 5 BEER Revised 07-2021
4-3-2: LICENSE REQUIRED: Except as otherwise provided in this Chapter, no
person shall sell or dispense beer at retail within the City without first obtaining a license
from the City as required by the Ammon City Code. Any person, whether agent, servant,
employee, or person acting in any other capacity, who dispenses beer by the drink upon
any premise licensed to sell beer by the drink, in which said establishment also holds a
liquor by the drink permit, pursuant to section 4-2-2 of the Ammon City Code, must hold
a valid bartender’s license issued by the City of Ammon.
All names of persons acting as bartenders and hours worked shall be available
upon request of any police or enforcement officer representing the City of
Ammon. It shall be the responsibility of the business to confirm and maintain
required documentation for all persons acting as bartenders within the business.
Failure to maintain such documentation shall constitute a violation of this
ordinance by the business. Further, the City shall have the authority to revoke
the business license until compliance is established.
EXCEPTION: The State of Idaho Liquor Dispensary shall be exempt from the purchase
a beer license.
4-3-3: LICENSE FEES AND EXPIRATION: License fees for the retail sale of
beer in the City shall be determined by a schedule of fees adopted by the City Council
by resolution which may be amended from time to time. All licenses issued under this
chapter shall be paid in advance and shall expire one (1) year from the date of issue
unless another date is endorsed on the license by the Clerk.
4-3-4: APPLICATION FOR LICENSE:
(A) Each applicant for a license for the retail sale of beer shall file with the City Clerk
a written application that states the following:
1. The name and residential address of the applicant.
2. The street address of the premises where beer is to be sold.
3. The name of the owner of the premises for which the license is sought.
4. That the applicant, if an individual, is at least nineteen (19) years old.
5. That the applicant has not been convicted of a felony or any crime
involving moral turpitude.
6. That the applicant holds a current, valid license for the retail sale of beer,
issued by the County Commissioners of Bonneville County, Idaho, and a
current, valid license for the retail sale of beer from the Department of
Law Enforcement of the State of Idaho.
7. That the applicant agrees to abide by the terms and conditions of this
Chapter, and any laws, ordinances, rules, or regulations subsequently
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promulgated by the State, Bonneville County or the City regarding the
retail sale of beer within the City.
8. Any other information the Clerk requires to determine that the applicant
possesses the qualifications and has none of the disqualifications for a
license, as provided in this Chapter and in Sections 23-1010 and 23-
1016, Idaho Code, as amended.
(B) Upon receipt of an application for a license or for a transfer of a license under
this Chapter, accompanied by the necessary license or transfer fee, the Clerk
shall investigate all information stated in the application. If it is determined that
the contents of the application are true, that the applicant is qualified to receive a
license, that the premises are suitable for carrying on the intended business and
that the requirements of this Chapter have been met, a license shall be issued or
transferred. Otherwise, the application shall be denied and the license or transfer
fee refunded.
(C) If the Clerk denies an application for a retail beer license, or any renewal or
transfer of a retail beer license, the Clerk shall specify in writing:
1. The statutes, ordinances, and standards used in evaluating the
application;
2. The reasons for denial; and
3. The actions, if any, the applicant could take to obtain the license, transfer
or renewal.
4-3-5: PROHIBITED LICENSES: No license for retail sale of beer shall be
issued to any person holding a wholesaler's or manufacturer's license issued by the
State.
4-3-6: LICENSE FOR DESIGNATED ADDRESS ONLY: A license for the retail
sale of beer shall be granted only for the place designated in the application. The place
of business shall not be changed or moved without the consent the Council.
4-3-7: LOCATION RESTRICTIONS:
(A) No license shall be issued for any premise that is within three hundred (300) feet
of any public school, church, or any other place of worship. Such distance shall
be measured in a straight line between the nearest entrance to the licensed
premises and the nearest property line of such school, church or place of
worship.
(B) No person shall sell or dispense beer for consumption on the premises at any
place within three hundred (300) feet of any public school, church or other place
of worship, measured in a straight line between the nearest entrance to such
place and the nearest property line of such school, church or place of worship.
Page 3 of 5 BEER Revised 07-2021
(C) The provisions of subsections (A) and (B) above shall not apply to any premises
that met the qualifications of such subsection at the time the premises were first
licensed, but thereafter fail to meet such location restrictions because of the
construction or commencement of use of such public facility or place of worship
subsequent to such first licensing.
4-3-8: POSTING OF LICENSE: All licenses for the sale of beer shall be posted
in a place conspicuous to the public at the licensed premises at all times when the
premises are open for business.
4-3-9: TRANSFER OF LICENSE; TRANSFER FEE: No license may be
transferred to another person who has not obtained approval of the Council after making
an application containing the information required by Section 4-3-5. If a transferee has
all of the qualifications and none of the disqualifications for a license to sell beer at retail,
the City Clerk shall re-issue the license in the name of the transferee. The fee for
transfer of a license to sell beer at retail shall be determined by a schedule of fees
adopted by the City Council by resolution which may be amended from time to time.
The license for the transferring license shall be surrendered to the City Clerk before such
transfer may be made.
4-3-10: RIGHT OF ENTRY: Any police officer shall have the right at any time to
enter and examine the premises of any licensee or of any place where beer is sold at
retail to ascertain the alcoholic content of any beer kept for sale on the premises or to
ascertain compliance with the laws of the State and the City. It shall be unlawful to
refuse any police officer admittance to the premises for such purposes.
4-3-11: SALE TO MINORS PROHIBITED:
(A) No person under twenty-one (21) years of age shall sell, purchase, possess, or
consume any beer. This restriction shall not apply to persons at least nineteen
(19) years old who sell, dispense, deliver or possess beer in the course of their
employment by a licensee under this Title.
(B) No person shall give, sell, or deliver beer to any person under the age of twenty-
one (21).
(C) No person under the age of twenty-one (21) shall represent to any retailer or
distributor or to any agent or employee of a retailer or distributor that he or she is
twenty-one (21) years or more of age, when in fact he or she is under the age of
twenty-one (21) years, for the purpose of inducing the retailer or distributor, or his
agent, or employee, to sell, serve, or dispense beer to such person.
(D) No person shall represent to any retailer or distributor or to any agent or
employee of a retailer or distributor that any other person is twenty-one (21)
years or more of age, when in fact the other person is under the age of twenty-
one (21) years, for the purpose of inducing the retailer or distributor, or his agent
or employee, to sell, serve or dispense beer to such other person.
4-3-12: CONDUCT OF BUSINESS: Every person licensed under this Title to sell
beer at retail shall at all times conduct a quiet and well-lighted, orderly place of business.
Page 4 of 5 BEER Revised 07-2021
4-3-13: HOURS OF SALE: It shall be unlawful for any person in any place
licensed to sell beer or where beer is sold or dispensed to be consumed on the
premises, whether conducted for pleasure or profit, to sell, dispense or give away beer
between the hours of 1:00 a.m. and 6:00 a.m.
It shall be unlawful for any person to dispense beer for consumption on the premises, in
any place not licensed as an eating place under Title 4, Chapter 1 of the City of Ammon
Code.
4-3-14: PENALTY: Any violation of the provisions of this chapter shall be
deemed a misdemeanor and shall be subject to penalties prescribed for such violations
under section 1-4-1 of this code.
Page 5 of 5 BEER Revised 07-2021