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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 Page 2 of 5 BEER Revised 07-2021 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