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5. Wine by the Drink

COUNTY OF IDAHO ORDINANCE N0. 5

AN ORDINANCE OF THE COUNTY OF IDAHO PROVIDING FOR THE RETAIL SALE OF WINE BY THE DRINK, IN ACCORDANCE WITH CHAPTER 144, SESSION LAWS OF THE FIRST REGULAR SESSION OF THE FORTY-SECOND IDAHO LEGISLATURE, REQUIRING A COUNTY LICENSE; PROVIDING FOR THE APPLICA­TION FOR LICENSE; PROVIDING FOR THE QUALIFICATION OF A LICENSEE; PROVIDING FOR LICENSE RESTRICTIONS AND THE TRANSFER THEREOF; PRO­VIDING FOR PENALTY FOR VIOLATION OF THE ORDINANCE; PROVIDING FOR SEVERABILITY OF THE PROVISIONS OF THE ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CHAIRMAN AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF IDAHO:

Section 1: LICENSE REQUIRED: In accordance with the provisions of Chapter 144 of the Idaho Session Laws of the first regular session of the Forty-second Legislature, and under the provisions of Section 23-1315 of the Idaho Code, as amended, it shall be lawful for any person to sell wine at retail, by the drink, within the County of Idaho, after having first procured a license therefore.

Section 2: APPLICATION FOR LICENSE: Application for license shall be in writing, signed and sworn to by the applicant and upon application forms furnished by the County Clerk. Such application shall be filed by the County Clerk and presented to the Chairman and Board of Commissioners at the next meeting of the Board of Commissioners for their approval, rejection, or further consideration.

Section 3: QUALIFICATIONS: The applicant for a license shall possess all of the qualifications necessary to obtain a license from the Commissioner of Law Enforcement of the State, as prescribed by the laws of the State, and maintain such qualifications throughout the period for which such license is issued. The possession of licenses regularly issued by the Department of Law Enforcement and in addition to a county beer license, shall be prima facie evidence of the applicant’s qualifications to receive a license hereunder.
A licensee for liquor by the drink shall not be required to obtain an additional license under the provisions of this ordinance.

Section 4: LICENSE FEE: The license fee imposed and collected shall be the sum of $25.00per year (cannot exceed one-Hundred Dollars ($100.00) per annum, for the license year.)
Such license year shall be from 12:01 A.M. January 1 through December 31, provided, however, should a license be issued for less than a full calendar year, the license fee shall be pro-rated in accord­ance with the actual months of issuance.

Section 5: ISSUANCE OF LICENSE: Upon filing the applica­tion for a license and production of evidence as required by this ordinance, as to the qualifications of the applicant, and by the payment of the required license fee, the County Clerk shall upon approval of the Board of Commissioners, issue to the applicant a license to sell wine at retail, by the drink, within the county for such calendar year or remainder thereof.

Section 6: LICENSE RESTRICTIONS: The assignment or transfer of a wine by the drink license, issued hereunder, shall be the same as provided for the assignment or transfer of a beer license,

Section 7: PENALTY: Any person who violates any of the provisions of this ordinance or fails to comply with any of the terms and conditions hereof, shall be guilty of a misdemeanor and be punished for such violation by fine up to $300.00 or jail sent­ence up to thirty (30) days, or by both such fine and sentence.

Section 8: SEVERABILITY: The provisions of this act are hereby declared to be severable and if any provisions of this act or the application of such provisions to any person or circum­stances is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.

Section 9: This ordinance shall be in full force and effect July 1, 1973.
This ordinance, under applicable Idaho law, was adopted at a regular meeting of the Board of County Commissioners, held in the Commissioners’ room at the Idaho County Courthouse, in the City of Grangeville, Idaho, on the’ 12 day of June, 1973.

Lewis Crea – Chairman
Ray Terhaar – Member
Eugene Olmstead – Member

Attest: Bob J. Waite – Clerk of the Board

 

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