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CHAPTER 04 Title 4 Wine CHAPTER 4 WINE SECTION: 4-4-1: Definitions 4-4-2: License Required 4-4-3: License Fees 4-4-4: Application for License 4-4-5: Qualifications 4-4-6: Issuance of License 4-4-7: Expiration; Transfer 4-4-8: Consumption on Premises 4-4-9: Location Restrictions; Schools or Churches 4-4-10: Age Restriction on Sale or Purchase 4-4-11: Hours of Sale 4-4-12: Penalty 4-4-1: DEFINITIONS: Certain words and phrases used in this Chapter are defined as follows: DIRECTOR: The director of the Idaho Department of Law Enforcement. Any alcoholic beverage containing not more than fourteen WINE: percent (14%) alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added. RETAIL WINE LICENSE: A license issued by the Director authorizing a person to sell wine at retail for consumption off the licensed premises. The term also means a license issued by the City authorizing a person to sell wine at retail for consumption off the licensed premises only. WINE-BY-THE-DRINK LICENSE: A license to sell wine by the individual glass or open bottle at retail for consumption on the premises. A person to whom a retail wine license or wine-by-the- RETAILER: drink license has been issued. DISTRIBUTOR: A person who is employed by or is an agent of, a retailer to sell, serve or dispense wine. Page 1 of 4 WINE REVISED 07-2021 4-4-2: LICENSE REQUIRED: Except as otherwise provided by this Chapter, no person shall sell wine at retail for consumption off the premises or by the individual glass or open bottle for consumption on the premises within the City, without first obtaining a license under this Chapter. A person who holds a valid current wine-by-the-drink license issued by the City may sell on the licensed premises wine at retail for consumption off the premises without obtaining a retail wine license from the City. Any person, whether agent, servant, employee, or person acting in any other capacity, who dispenses wine by the drink upon any premise licensed to sell wine 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. A copy of all employees licensed as a bartender shall be kept and maintained in an orderly fashion. All bartender’s licenses, 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 wine license. 4-4-3: LICENSE FEES: License fees for the retail sale of wine in the City shall be paid in advance as determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. 4-4-4: APPLICATION FOR LICENSE: Each applicant for a retail wine license or wine-by-the drink license shall submit a written application on a form furnished by the Clerk. 4-4-5: QUALIFICATIONS: An applicant for a retail wine license or wine-by-the- drink license shall possess all qualifications necessary to obtain a license from the Director. Licensees shall maintain qualifications throughout the period for which their license is issued. Possession of licenses regularly issued by the Director and Bonneville County shall be prima facie evidence of the applicant's qualifications and shall be a requirement for the applicant to possess, prior to receiving a license under this Chapter. 4-4-6: ISSUANCE OF LICENSE: When the applicant for a retail wine license or wine-by-the-drink license has produced evidence as required by Section 4-4-5 above and paid the required license fee, the City Clerk shall,upon approval, issue the license to the applicant. 4-4-7: EXPIRATION AND TRANSFER OF LICENSE: All licenses issued Page 2 of 4 WINE REVISED 07-2021 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. The procedure for the transfer of a retail wine license or a wine-by-the-drink license shall be the same as provided in Idaho Code Section 23-1317, as amended, upon application to the City Clerk. The fee for transfer of a retail wine license or wine-by-the-drink license 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 of the transferring licensee shall be surrendered to the City Clerk before such transfer may be made. 4-4-8: CONSUMPTION ON PREMISES: Retailers who do not possess a valid City license for the retail sale of liquor by the drink or wine-by-the-drink shall not permit consumption of wine on the licensed premises. 4-4-9: LOCATION RESTRICTIONS: No wine-by-the-drink license shall be issued to any person to operate at any place 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. No person shall sell or dispense wine for consumption on the premises at any place within three hundred (300) feet of any public school, church, or other place of worship, similarly measured in a straight line. This restriction shall not apply to any duly licensed premises that at the time of first licensing did not come within the restricted area, but subsequent to such first licensing came therein because of the construction or commencement of use of such public facility or place of worship subsequent to such first licensing. 4-4-10: AGE RESTRICTION ON SALE OR PURCHASE: (A) No person under twenty-one (21) years of age shall sell, purchase, possess, or consume any wine; provided however, that any person who is nineteen (19) years of age or older may sell, serve, deliver and dispense wine in the course of his or her employment in such place where wine is lawfully present so long as such place is the place of employment for such person under twenty-one (21) years of age. Ordinance No. 274 dated 5-18-00. (B) No person shall give, sell, or deliver wine to any person under the age of twenty- one (21) years. (C) No person under the age of twenty-one (21) shall represent to any retailer or distributor that he or she is twenty-one (21) years or more of age, when in fact he or she is under such age for the purpose of inducing the retailer or distributor, to sell, serve, or dispense wine to such person. (D) No person shall represent to any retailer or distributor that any other person is twenty-one (21) years or more of age, when in fact that other person is under such age for the purpose of inducing such retailer or distributor to sell, serve or dispense wine to such other person. Page 3 of 4 WINE REVISED 07-2021 4-4-11: HOURS OF SALE: It shall be unlawful for any person in any place licensed to sell wine or where wine is sold or dispensed to be consumed on the premises, whether conducted for pleasure or for profit, to sell, dispense or give away wine between the hours of 1:00 a.m. and 6:00 a.m. It shall be unlawful for any person to dispense wine 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. 4-4-12: 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 4 of 4 WINE REVISED 07-2021