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CHAPTER 02 Title 4 Liquor by the Drink CHAPTER 2 LIQUOR BY THE DRINK SECTION: 4-2-1: Definitions 4-2-2: License to Sell or Dispense Required 4-2-3: License Fee 4-2-4: Application for License 4-2-5: Investigation 4-2-6: Form of License; Display 4-2-7: Expiration of Licenses 4-2-8: Multiple Licenses Prohibited 4-2-9: Transfer of Licenses 4-2-10: Establishment License - Persons Not Qualified to be Licensed 4-2-11: Sanitary Requirements 4-2-12: Location Restrictions 4-2-13: Right of Entry 4-2-14: Hours of Sale 4-2-15: Restriction on Sales by Licensee 4-2-16: Sales to Disqualified Person Under Age 21 4-2-17: Liquor Catering Permit 4-2-18: Persons Under Specified Ages Prohibited to be at Licensed Places 4-2-19: Exceptions 4-2-20: Penalty 4-2-1: DEFINITIONS: Certain words and phrases used in this Chapter are defined as follows: The Director of the Idaho Department of Law DIRECTOR: Enforcement. LICENSEE: The person/business to whom a license to sell and dispense liquor by the drink is issued under the provisions of this Chapter. A license issued by the Clerk to a qualified person, under LICENSE: which it shall be lawful for the licensee to sell and dispense liquor by the drink at retail. LIQUOR: Any kind of liquor which may be sold by a State liquor store. A person to whom the sale of liquor is prohibited under INTERDICTED PERSON: the laws of the State. PREMISES: The building, room, or place in which the sale of liquor by the drink at retail by a licensee is authorized under the Page 1 of 8 LIQUOR BY THE DRINK REVISED 07-2021 provisions of Title 23, Chapter 9, Idaho Code, as amended, and under this Chapter. Any person, whether agent, servant, employee, or person BARTENDER: 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. 4-2-2: LICENSE TO SELL OR DISPENSE REQUIRED: No person shall sell or dispense liquor/alcohol by the drink at retail on any premises in the City without first obtaining all licenses as required by the Ammon City Code and Title 23, Chapter 9, Idaho Code, as amended. 4-2-3: LICENSE FEE: Each licensee shall pay in advance an annual license fee which shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. 4-2-4: APPLICATION FOR LICENSE: Each applicant for a license shall file with the Clerk an application in writing, verified under oath, stating the following: (A) That the applicant lawfully holds a license issued by the Director (of Law Enforcement of the State) pursuant to the provisions of Title 23, Chapter 9, Idaho Code, as amended. (B) A description of the premises for which the license is sought, their location, and the name of the owner of the premises. (C) The names and addresses of all persons who will have any ownership or equity interest in any business to be carried on in the licensed premises, including without limitation, interests arising from conditional sales contracts, partnerships, trusts, or shares of corporate stock and the amount and nature of such interest. (D) The names and addresses of the applicant and all members of a partnership or association and all officers, members of the governing board, and all stockholders of any corporation or any entity identified pursuant to subsection (C) above. (E) Any other information reasonably necessary for the City Clerk to determine the applicant's qualifications or disqualifications for a license. (F) If during the term of any license issued under this Chapter any change shall take place in any of the information stated in the application, the licensee shall deliver Page 2 of 8 LIQUOR BY THE DRINK REVISED 07-2021 a verified report of the change to the Clerk no later than seven (7) working days after the change occurs. 4-2-5: INVESTIGATION: 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. 4-2-6: FORM OF LICENSE; DISPLAY: Every license issued under this Chapter shall state the name of the person or business entity to whom issued and the location by street and number or other definite designation of the premises. If issued to a partnership, the names of the persons constituting the partnership shall be stated. If issued to a corporation or association, the names of the principal officers and the members of the governing board shall be stated. The license shall be signed by the licensee and shall be posted on the licensed premises in a place conspicuous to the public. No person except the named licensee shall exercise any of the privileges granted under the license. Licenses issued under this Chapter apply only to premises for which they have been issued. 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. 4-2-7: EXPIRATION OF LICENSES: 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. 4-2-8: MULTIPLE LICENSES PROHIBITED: No person shall be granted more than one license in any calendar year. No partnership, association, or corporation holding a license under this Chapter shall have as a member, officer, or stockholder any person who has financial interest of any kind in, or is a member of, another partnership or association or an officer or shareholder of another corporation holding a license under this Chapter. 4-2-9: TRANSFER OF LICENSES: No license may be transferred to another person, unless the transferee first obtains approval of the City Clerk upon application Page 3 of 8 LIQUOR BY THE DRINK REVISED 07-2021 containing substantially the same information required by Section 4-2-4 of this Chapter. If the proposed transferee is qualified for the license, the City Clerk shall reissue the license in the name of the transferee. The fee for each license transfer shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. 4-2-10: ESTABLISHMENT LICENSE - PERSONS NOT QUALIFIED: No license shall be issued or transferred to: (A) Any person, or any one (1) of its members, officers, or governing board, who has, within three (3) years prior to the date of making application, been convicted of any violation of the laws of the United States, the state of Idaho, or any other state of the United States, or of the resolutions or ordinances of any county or city of this state, relating to the importation, transportation, manufacture or sale of alcoholic liquor or beer; or who has been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment or completed any sentence of confinement for any felony within five (5) years prior to the date of making application for any license. (B) A person who is engaged in the operation, or interested therein, of any house or place for the purpose of prostitution or who has been convicted of any crime or misdemeanor opposed to decency and morality. (C) A person whose license issued under this chapter has been revoked; an individual who was a member of a partnership or association which was a licensee under this chapter and whose license has been revoked; an individual who was an officer, member of the governing board or one (1) of the ten (10) principal stockholders of a corporation which was a licensee under this chapter and whose license has been revoked; a partnership or association one (1) of whose members was a licensee under this chapter and whose license was revoked; a corporation one (1) of whose officers, member of the governing board or ten (10) principal stockholders was a licensee under the provisions of this chapter and whose license has been revoked; an association or partnership, one (1) of whose members was a member of a partnership or association licensed under the provisions of this chapter and whose license has been revoked; a partnership or association, one (1) of whose members was an officer, a member of the governing board, or one (1) of the ten (10) principal stockholders of a corporation licensed under the provisions of this chapter and whose license has been revoked; a corporation, one (1) of whose officers, member of the governing board, or ten (10) principal stockholders was a member of a partnership or association licensed under the provisions of this chapter and whose license was revoked; a corporation, one (1) of whose officers, member of the governing board, or ten (10) principal stockholders was an officer, member of the governing board, or one (1) of the ten (10) principal stockholders of a corporation licensed under the provisions of this chapter and whose license was revoked. (D) Any officer, agent, or employee of any distillery, winery, brewery, or any wholesaler, or jobber, of liquor or malt beverages except as provided in section Page 4 of 8 LIQUOR BY THE DRINK REVISED 07-2021 23-912, Idaho Code. This prohibition shall not apply to officers, agents, or employees of any winery operating a golf course on the same premises as the winery. (E) A person who does not hold a retail beer license issued under the laws of the state of Idaho. (F) Any license, held by any licensee disqualified under the provisions of this section from being issued a license, shall forthwith be revoked by the director. 4-2-11: SANITARY REQUIREMENTS: All licensed premises shall be maintained in a sanitary condition according to the applicable laws of the State and ordinances of the City. 4-2-12: LOCATION RESTRICTIONS: No license shall be issued for any premises in any residential zone or within three hundred (300) feet of any public school, church or any other place of worship, measured in a straight line between the nearest property line of such public building or place of worship and the nearest entrance to the licensed premises. This limitation 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 first licensing came therein. No licenses shall be issued to any person for the operation of a licensed business upon any premises which were used by any occupant whose license under this Chapter was revoked within one (1) year prior to the date of the new application for issuance or transfer of a license. 4-2-13: RIGHT OF ENTRY: Any duly authorized police officer shall have the right at any time to enter and examine the premises of any licensee 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 purpose. 4-2-14: HOURS OF SALE: No liquor shall be sold, offered for sale, or given away upon any licensed premises during the following hours: (A) Between one o’clock (1:00) a.m. on Christmas and ten o’clock (10:00) a.m., of the following day. (B) Between one o’clock (1:00) a.m. and ten o’clock (10:00) a.m. of any day. It shall be unlawful for any person to dispense liquor 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. Page 5 of 8 LIQUOR BY THE DRINK REVISED 07-2021 4-2-15: RESTRICTION ON SALES BY LICENSEE: No licensee or its employed agents, servants or bartenders shall sell, deliver, or give away, or cause or permit to be sold, delivered, or given away, any liquor to: (A) Any person under the age of twenty-one (21) years, proof of which, for every resident of this State, shall be a valid driver's license, military identification card or an identification card issued by the Idaho Department of Transportation. (B) Any person actually or obviously intoxicated. (C) A habitual drunkard. (D) An interdicted person. 4-2-16: SALES TO DISQUALIFIED PERSONS UNDER AGE 21: (A) Any person under the age of twenty-one (21) years who shall purchase, attempt to purchase, possess, serve, dispense, or consume beer, wine, or other alcoholic liquor shall be guilty of a misdemeanor; provided, however, that any person who is nineteen (19) years of age or older may sell, serve, possess, and dispense liquor, beer, or wine in the course of his employment in any place as defined in section 23-942, Idaho Code, or other place where liquor, beer, or wine are lawfully present so long as such place is the place of employment for such person under twenty-one (21) years of age. (B) Any person who knowingly misrepresents his or her age or qualifications for the purpose of obtaining liquor from a licensee shall be guilty of a misdemeanor. (C) No person shall represent to any licensee, to any agent, or to any employee of a licensee, or to any bartender 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 such licensee, or the licensee's agent or employee, or a bartender to sell, deliver, or give away any liquor to such other person. (D) No person shall purchase liquor for the purpose of delivering the same to any person under the age of twenty-one (21) years, nor shall such person sell, give away, or deliver liquor to any person under the age of twenty-one (21) years. 4-2-17: LIQUOR CATERING PERMIT: Any person holding a retail liquor license may serve and sell liquor, retail by the drink at a party or convention at a location other than a the licensed premises for a period not to exceed three (3) consecutive days upon obtaining a liquor catering permit. No permit shall be issued that exceeds six (6) events in the same location/address per calendar year. Applications for such permit shall be made to the City Clerk on such form as prescribed by the Clerk, which form shall contain the following information: (A) The name and address of the applicant and the number of his state liquor license. Page 6 of 8 LIQUOR BY THE DRINK REVISED 07-2021 (B) The dates and hours during which the permit is to be effective, not to exceed three (3) consecutive days. (C) The names and addresses of the organizations, groups, or persons sponsoring the event. (D) The address at which the liquor is to be served, and if a public building, the rooms in which the liquor is to be served. The application shall be verified by the applicant and filed with the Clerk. A filing fee which shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time shall be paid at the time the application is submitted. Fee shall be for each day the permit is to be effective and shall be nonrefundable irrespective of whether the party or convention is held. 4-2-18: PERSONS UNDER SPECIFIED AGES PROHIBITED TO BE AT LICENSED PLACES: No person under the age of twenty-one (21) years shall enter, remain in, or loiter in or about any premises licensed for the sale of liquor by the drink at retail, or sale of beer for consumption on the premises, nor shall any licensee of either such place, or any person in charge of a licensed premises or on duty while employed by the licensee therein, permit or allow any person under such age to remain in or loiter in or about such place. Provided, however, it is lawful for persons who are musicians and singers eighteen (18) years of age or older, to enter and to remain in any place as defined in Section 23-942, Idaho Code, but only during and in the course of their employment as musicians and singers. Provided further, that it is lawful for persons who are nineteen (19) years of age or older to sell, serve, possess or dispense liquor, beer or wine in the course of their employment in any place as defined in section 23-942, Idaho Code, or in any other place where liquor, beer, or wine are lawfully present, so long as such place is the place of employment for such person. However, the foregoing shall not permit the sale or distribution of any alcoholic beverages to any person under the ages specified for sale of alcoholic beverages. 4-2-19: EXCEPTIONS: Notwithstanding the preceding section, any person under the age of twenty-one (21) years may enter or be upon or within: (A) Any railroad observation or club car or any airplane of a commercial airline, notwithstanding that such premises may also be licensed for the sale of liquor by the drink or for the sale of beer for consumption on the premises or that alcoholic beverages, or beer, or both, are prepared, mixed, or dispensed and served and consumed therein. (B) Any building, a part or portions of which are used as a licensed premises, provided such premises are separate or partitioned from the remainder of said building and access to such place through a doorway or doorways or other means of ingress can be controlled to prevent persons under twenty-one (21) years of age from entering therein. Page 7 of 8 LIQUOR BY THE DRINK REVISED 07-2021 (C) Any baseball park, sports arena, or fairgrounds, notwithstanding that such premises or any portion thereof may be licensed for the sale of beer for consumption on the premises or that beer is dispensed and served and consumed therein. (D) The premises of any licensed winery notwithstanding that such premise or any portion thereof may also be licensed for the sale of beer or wine for consumption on the premises or that wine is dispensed and served and consumed therein. (E) The licensed premises of a wine retailer wholly owned and operated by a licensed winery which retails exclusively the products of that winery. 4-2-20: 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 8 of 8 LIQUOR BY THE DRINK REVISED 07-2021