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CHAPTER 14 Title 4 Bartender's License CHAPTER 14 BARTENDER’S LICENSE SECTION: 4-14-1: Definitions 4-14-2: License Required 4-14-3: Application, Fees and Investigation 4-14-4: License Requirement 4-14-5: Expiration of Licenses 4-14-6: Revocation by Clerk 4-14-7: Penalty 4-14-1: DEFINITIONS: Certain words and phrases used in this Chapter are defined as follows: BARTENDER: Any person, whether agent, servant, employee, or person acting in any other capacity, who pours, mixes, or prepares any liquor by the drink, wine by the drink or beer by the drink upon any premise licensed to sell alcohol by the drink. A bartender can only operate within the City of Ammon when employed by a business that holds a license as required by Chapters 2, 3 and/or 4 of the City Code. Individuals serving drinks but not mixing or pouring drinks are not required to be licensed as bartenders. CONTROLLED SUBSTANCE: A drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V, part B 21 USC 802 (term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986) or a drug, substance, or immediate precursor as defined in Title 37, Chapter 27, Idaho Code, Uniform Controlled Substances, Schedules I through V. LICENSE: A license issued by the City Clerk to a qualified person, under which it shall be lawful for the licensee to perform the duties of bartender as defined by this chapter. LIQUOR: Any kind of hard liquor, wine or beer which may legally be dispensed according the Idaho State Code. 4-14-2: BARTENDER’S LICENSE REQUIRED: No person shall act as a bartender in any premises licensed within the City to sell liquor by the drink, pursuant to section 4-2-2 of the Ammon City Code, beer by the drink, pursuant to section 4-3-2 of the Ammon City Code or wine by the drink, pursuant to section 4-4-2 of the Ammon City Code, unless that person holds a bartender's license issued by the City. 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. Page 1 of 3 BARTENDER’S LICENSE AMENDED 9-2-2021 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. 4-14-3: BARTENDER APPLICATIONS, FEES AND INVESTIGATION: Applications for bartender's a license shall be made on forms furnished by the Clerk and shall be accompanied by a license and investigation fee for new or renewal of any bartender’s license that has not been revoked or terminated for cause. Said fee shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. No liquor by the drink licensee shall employ any person, allow the employment of any person, or license any person to perform the services of a bartender unless that person holds a valid bartender's license issued by the City. Upon receipt of an application for a bartender’s license, the Clerk shall require an applicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to section 67-3008, Idaho Code, and congressional enactment Public Law 92-544, the City Clerk shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The City Clerk is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation for the purpose of evaluating the fitness of applicants for a bartender’s license. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. If during the course of the investigation it is determined that the contents of the application are true, that the applicant is qualified to receive a license and that the requirements of this Chapter have been met, a license shall be issued. 4-14-4: BARTENDER LICENSE REQUIREMENTS: The City Clerk shall approve issuance of bartender's licenses only to persons who satisfy the following conditions: (A) The person must be at least nineteen (19) years of age. (B) The person shall not have, within five (5) years prior to the date of making application been found guilty of or received a withheld judgment or deferred sentence for a misdemeanor violation relating to any sex related offense, aiding or abating in sex related offense, or battery against a child or other related offense against a child, or any stalking or harassment of another person whether directly or indirectly through a third party. (C) The person shall not have, within five (5) years prior to the date of making application been found guilty of or received a withheld judgment or deferred sentence for a misdemeanor violation involving any controlled substance. (D) The person shall not have been convicted of, been placed on probation, received a deferred sentence, received a withheld judgment, or completed any sentence for any felony within five (5) years prior to the date of applying for a license. Page 2 of 3 BARTENDER’S LICENSE AMENDED 9-2-2021 (E) The person shall not have been a licensee under Title 23, Chapter 9, Idaho Code or under this Chapter, who has had a license revoked within five (5) years prior to the date of applying for a bartender's license. (F) The person shall not have been a member of a partnership or association or an officer, member of the governing board or one (1) of the ten (10) principal stockholders of a corporation which was licensed under Title 23, Chapter 9, Idaho Code, or under this Chapter and whose license was revoked within five (5) years prior to the date of applying for a bartender's license. (G) The person shall not have had a bartender's license issued by the City revoked within five (5) years prior to the date of applying for a subsequent bartender's license. (H) If a criminal history check reveals that there is a pending criminal investigation or criminal charge that would result in the revocation or denial of a bartender’s license if there is a conviction or withheld judgment entered for the charge, the City Clerk shall deny the application. An applicant would then be allowed the opportunity to reapply after being cleared of said investigation or criminal charge. (I) Upon application approval or denial, a copy or letter of denial shall be mailed to the designated employer. 4-14-5: EXPIRATION: Bartender's licenses shall expire two (2) years from the date issued. 4-14-6: REVOCATION BY CLERK: Upon receipt of a certified copy of a judgment of conviction by any court of competent jurisdiction, the City Clerk immediately shall revoke a bartender's license issued to any person convicted of any violation of this Chapter which would disqualify the person from holding the license. Nothing herein shall prevent the Clerk from revoking a bartender's license prior to the entry of such judgment. 4-14-7: 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 3 of 3 BARTENDER’S LICENSE AMENDED 9-2-2021