TITLE 3 - BUSINESSES AND LICENSE REGULATIONS

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CHAPTER 1 

ORDINANCE NO. 15

BUISINESS LICENSING

 

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ATOMIC CITY, BINGHAM COUNTY, IDAHO:

 

SECTION 1.  DECLARATION OF PURPOSE: All businesses within the City of Atomic City will have a City License to run a business.  It is the cities responsibility to see the business conforms to the State and County regulations.

 

SECTION 2.  DEFINITIONS: When used in this Article, the following words and terms shall have the meaning ascribed to them in this Ordinance:

License - Any person desiring a business license, shall obtain an application from the City Clerk.  A license will be issued by the City Clerk after approval by the City Council to a qualified person and a designated premises under which it shall be lawful for the licensee to do business with the public.

 

SECTION 3.  LICENSE FEES:   The amount to be paid for such license shall be $2.00 for all types of businesses.  These rates can be changed by resolution from time to time by the City Council.

 

SECTION 4.  TERM OF LICENSE: (A) Every license issued by the month shall begin on the first day of the month of its issuance and no such license shall be issued for a less time than one month.  Every license issued by the quarter shall begin on January lst. to April lst., July lst. or October lst. and no such license shall be issued for less time than one quarter.

(B) License Nontransferable: No license whatsoever shall be in any manner assignable or transferable or authorize any person or party, other than named therein or mentioned as the Licensee, to do or conduct or carry on any such business, trade or occupation, nor shall any person or party whomsoever, holding or acting under a license which specifies a particular place for the transaction of such business, change or transfer or permit the change or transfer of any such license or business to any other place without the consent of the City Council, and such permission, when granted, shall be endorsed on such license by the City Clerk.

(C) Posting and presenting License: Every person having a license under this Ordinance for conducting or carrying on any business, trade or occupation in any particular place shall keep the same posted at all times while in force in some conspicuous place in his or her place of business, and any failure to post or keep posted such license, as provided by this section, shall subject such person and all employees in or about such business to the penalties for carrying on such business without a license.

(D) Exemptions from Provisions: Nothing in this Ordinance shall be construed to apply to any scientific or literary lecture or entertainments given by the citizens of the City for charitable purposes or otherwise.

 

SECTION 5.  PENALTIES: Any person who shall violate any of the provisions of this Ordinance, either by conducting, carrying on or being employed in or about any such business, trade or occupation, without procuring the proper license, or otherwise shall, on conviction thereof, subject the offender to penalties.  Any person convicted of a violation of any of this Ordinance of this City may be fined in a sum not to exceed three hundred dollars ($300.00) for any offense, and such person may be confined in jail for a period of not more than thirty days (30). Either or both such fine and imprisonment may be imposed, and in addition thereto, any person so convicted shall pay such costs as the court may assess.

 

SECTION 6.  SEVERABILITY: If any section or provision of this Ordinance is held invalid by any court of competent Jurisdiction, such holding shall not affect the validity of the remaining sections or provisions.

 

SECTION 7.  RESOLUTION: The Mayor and City Council may change by Resolution the dates and fees at their discretion. 

 

This Ordinance shall be in full force and effect from and after its passage and mailing to residents as provided by law.

 

PASSED AND APPROVED THIS____DAY OF_________1999.

 

NOTE: ALL SIGNATURES AND SEAL ARE ON THE ORIGINAL COPY

RECORDED 8-20-99      # 482261

CHAPTER 2 

ORDINANCE NO. 3-2

BEER, LIQUOR, AND WINE

 

 

SECTION:

            3-2-1                DECLARATION OF PURPOSE

            3-2-2                ADOPTION OF STATE LAW AND COUNTY ORDINANCE

            3-2-3                BEER

            3-2-4                LIQUOR BY THE DRINK

            3-2-5                WINE

            3-2-6                ELECTION DAY SALES

            3-2-7                HOLIDAYS AND SUNDAYS SALES

            3-2-8                HOURS OF SALES

            3-2-9                REVOCATION AND CANCELLATION

            3-2-10              PENALTY

            3-2-11              LIQUOR RELATED OFFENSES

            3-2-12              GAMBLING PROHIBITED

            3-2-13              SEVERABILITY

            3-2-14              RESOLUTIONS

           

 

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF ATOMIC CITY:

 

SECTION 3-2-1. DECLARATION OF PURPOSE: An Ordinance making it lawful to sell within the City limits of the City of Atomic City, Bingham County, Idaho, liquor by the drink as provided in this ordinance and under the provisions of Title 23, Idaho Code; providing for the issuance of license therefore; providing a form of application for such licenses and the license fees required; providing for transfer of licenses and revocation and cancellation of licenses; providing penalties for the violations of the provisions of this ordinance; providing for the adoption of the State Law applicable to the retail sale of liquor by the drink in Idaho; Prohibiting Gambling on premises; providing for the licensing of the sale and distribution of beer, liquor, and wine; providing for an application form; providing that a license be required of any retailer; providing for an annual license fee; providing conditions for the issuance of a license; providing for the revocation of a license; providing an emergency clause; and repealing all other ordinances or parts of ordinances insofar as they are in conflict with this ordinance.

 

SECTION 3-2-2: ADOPTION OF STATE LAW AND COUNTY ORDINANCE: With the exception of the hours of sale for beer, wine and liquor, which shall be subject to state, county and city laws or ordinances, whichever is more restrictive, there hereby is adopted for the purpose of governing the licensing, sale and use of alcoholic beverages within the city, the laws of the state, being particularly Idaho Code, Title 23, as presently in effect or as may be amended hereafter by the legislature of the state, county commission, and/or by city council, as may be contained in that certain volume "Idaho Liquor And Beer Laws", revised through acts of the legislature, published by authority of the department of law enforcement, liquor law division, as the same may be revised by the legislature, county commission, or by the city council. The same hereby are adopted and incorporated herein as an ordinance of the city as fully as though set forth in full herein.

 

SECTION 3-2-3: BEER:

A. LICENSE REQUIRED: It shall be lawful to sell beer within the City of Atomic City, as provided in Idaho Code, Title 23, Chapter 10, provided a license shall first be obtained from the city for the sale of beer.

B. INVESTIGATION OF APPLICANTS: The City Council shall cause an investigation to be made of all facts set forth in the application.  Opportunity shall be given to any person to be heard for or against the granting of any license.  After such investigation the City Council shall grant or refuse any such application in its discretion.  All licensed premises shall have the license thereof posted in a conspicuous place at all times.

C. APPLICATION FOR LICENSE; Fee: An applicant for a license to sell beer as a retailer shall make an application to the city clerk and pay the license fee. Form: Before any such establishment for license to sell beer is permitted to operate, an application for such license must be completed and filed with the City Clerk of Atomic City. Such application will provide for the name of applicant, location of the proposed business, and at the time application is made, the applicant will also present a copy of the application for a State License, as well as license issued by the State, for sale of liquor by the drink at retail, and no City license will be issued without first obtaining a license issued by the State of Idaho and Bingham County.

D. LICENSE TRANSFER; Fee: Licenses may be transferred under the provisions of Idaho Code, Title 23, Chapter 10, provided that the transferee meets the requirements of a licensee, has paid a transfer fee as established by resolution of the city council and the mayor and city council have approved of the transfer of the license.

E. LIMITING OF ISSUANCE OF LICENSES: The City of Atomic City is not to exceed two licenses for sale of beer or wine within the corporate limits of the City shall be issued.

 

SECTION 3-2-4: LIQUOR BY THE DRINK:

A. LICENSE REQUIRED: It shall be lawful to sell liquor by the drink within the City of Atomic City, liquor by the drink as provided in Idaho Code, Title 23, Chapter 9, provided a license shall first be obtained from the city for the sale of liquor by the drink.

B. INVESTIGATION OF APPLICANTS: The application shall be submitted to the chief of police for investigation and report to the mayor and city council; the application must be approved by the mayor and city council before a license can be issued.

C. APPLICATION FOR LICENSE: Fee: An applicant for a liquor by the drink license shall make application to the city clerk and pay the license fee. Form: Before any such establishment for sale of liquor by the drink is permitted to operate, an application for such license must be completed and filed with the City Clerk of Atomic City. Such application will provide for the name of applicant, location of the proposed business, and at the time application is made, the applicant will also present a copy of the application for a State License, as well as license issued by the State, for sale of liquor by the drink at retail, and no City license will be issued without first obtaining a license issued by the State of Idaho and Bingham County.

D. LICENSE TRANSFER; Fee: Licenses may be transferred under the provisions of Idaho Code, Title 23, Chapter 9, provided that the transferee meets the requirements of a licensee, has paid a transfer fee as established by resolution of the city council and the mayor and city council have approved of the transfer of the license.

E. LIMITING OF ISSUANCE OF LICENSES OF INTOXICATIONG LIQUORS BY THE DRINK: The City of Atomic City is not to exceed one license for sale of intoxicating liquors by the drink within the corporate limits of the City shall be issued.

 

SECTION 3-2-5: WINE: "Wine" shall be defined as any alcoholic beverage containing not more than sixteen percent (16%) 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.

A. LICENSE REQUIRED: It shall be lawful to sell wine within the city, as provided in Idaho Code Title 23, Chapter 13, provided a license shall first be obtained from the city for the sale of wine.

B. INVESTIGATION OF APPLICANTS: The City Council shall cause an investigation to be made of all facts set forth in the application.  Opportunity shall be given to any person to be heard for or against the granting of any license.  After such investigation the City Council shall grant or refuse any such application in its discretion.  All licensed premises shall have the license thereof posted in a conspicuous place at all times.

C. APPLICATION FOR LICENSE; Fee: An applicant for a wine license shall make application to the city clerk and pay the license fee.

D. LICENSE TRANSFER; Fee: Licenses may be transferred under the provisions of Idaho Code, Title 23, Chapter 13, provided the transferee meets the requirements of a licensee, has paid a transfer fee as established by resolution of the city council and the mayor and city council have approved of the transfer of the license.

E. LIMITING OF ISSUANCE OF LICENSES: The City of Atomic City is not to exceed two licenses for sale of beer or wine within the corporate limits of the City shall be issued.

F. EXCEPTION TO LICENSE REQUIREMENT: Any establishment, lounge or bar that has a liquor by the drink license, need not also have a wine license to sell wine by the drink or by the bottle, for consumption on the licensed premises.

                                 

SECTION 3-2-6: ELECTION DAY SALES:

The city shall follow the state laws for the sale of liquor by the drink, wine and beer on election days.

 

SECTION 3-2-7: HOLIDAYS AND SUNDAY SALES:

It shall be lawful to sale liquor by the drink on Sundays, Memorial Day, and Thanksgiving.

 

SECTION 3-2-8: HOURS OF SALE:

A. RESTRICTED HOURS OF SALE: It shall be unlawful and a misdemeanor for any person in any place licensed to sell beer, wine or liquor, whether conducted for pleasure or profit, to sell, dispense or give away beer, wine or liquor for consumption on the premises, or off the premises, or to permit the consumption of such on the premises during the following hours:

All days of the week from one o'clock (1:00) A.M. and six o'clock (6:00) A.M. for beer and wine.

All days of the week from one o'clock (1:00) A.M. and ten o'clock (10:00) A.M. for liquor by the drink.

B. TIME LIMIT AFTER SERVICE: Any patron present on the licensed premises after the sale of beer, wine or liquor has stopped as provided in subsection B of this section, shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverage already served.

 

SECTION 3-2-9: REVOCATION AND CANCELLATION: If any licensee, or employee, of a liquor by the drink establishment, violates any of the provisions of this Ordinance, or is convicted of violating any of the provisions of said Title 23, Idaho Code, the Mayor and City Council of the City of Atomic City are hereby authorized to, and empowered to revoke license issued to said licensee; providing, however, that in the event it is brought to the attention of the Mayor and City Council members that such violation or violations have taken place, before revoking such license, the Mayor and City Council members shall cause notice to be served upon such licensee, setting forth in general terms the violations claimed to exist; and such notice shall provide a time for hearing thereon by the Mayor and City Council Members; date of hearing shall not be less than ten days or more than twenty days from the date of service of said notice, and upon or following said hearing, the Mayor and City council Members, upon advising that the provisions of this Ordinance, or the provisions of the said Chapter 9, Idaho Code, have been violated by such licensee, shall revoke such license, and no refund of any unused portion of the license fee shall be made to the licensee.

 

SECTION: 3-2-10: PENALTY:

A. Any person found to be violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined, and upon failure to pay the fine, shall be committed to the custody of the Sheriff of Bingham County, and confined in the County Jail at the rate of the County fees per day until such fine is paid, or such provision or penalty contained in Idaho Code, Title 23, as applicable, whichever may be more of a penalty.

B. Any revocation by the Commissioner of Law Enforcement of the State license shall be automatic revocation of the City license.

 

SECTION: 3-2-11: LIQUOR RELATED OFFENSES:

A. ALCOHOLIC BEVERAGES PROHIBITED IN CITY PARKS: Consumption Or Possession Prohibited: Except as provided below, it shall be unlawful and illegal for any person to consume or have in their possession any type of alcoholic beverage in any shape or form, in or on the city parks or parks maintained by the city.

B. OPEN CONTAINER LAW:

  • Removal Of Liquor From Premises; Definition: It shall be unlawful for any person to remove an open container containing any alcoholic beverage from the premises of any business establishment which holds a beer, wine or liquor license. "Premises" shall mean the building and contiguous property owned or leased, or used under government permit, by the holder of a liquor, wine or beer license as part of the business establishment in the business of the sale, at retail, of liquor, wine or beer, which property is improved to include decks, docks, boardwalks, lawns, gardens, golf courses, courtyards, patios, abutting sidewalks, poolside areas, or similar improved appurtenances in which, or on which, the sale of liquor, wine or beer is authorized by the city.

  • Open Container In Vehicle: It shall be unlawful for any person, while operating or riding in or upon a motor vehicle upon a public highway of the city, county or state, to consume beer, wine or liquor, or have in his possession any beer, wine or liquor in an open or unsealed container of any kind.

 

SECTION: 3-2-12: GAMBLING PROHIBITED: It shall be unlawful for any licensee to permit, conduct, play, carry on, open or cause to be opened, any gaming in or upon the licensed premises or in or upon any premises directly connected by a door, hallway, or other means of access from the licensed premises; provided, however, that the City of Atomic City may authorize any form of gaming upon the premises, or premises adjacent thereto, permitted by the licensee under the laws of the State of Idaho.

 

SECTION: 3-2-13: SEVERABILITY: If any section or provision of this ordinance is held invalid by any court of competent Jurisdiction, such holdings shall not affect the validity of the remaining sections or provisions.

 

SECTION: 3-2-14: RESOLUTIONS: Resolutions by mayor and city council to change dates and fees from time to time.

 

This Ordinance shall be in full force and effect from and after its passage and mailing to residents as provided by law.

 

PASSED AND APPROVED by the City Council of the City of Atomic City, Idaho this 12th day of October, 2015.

 

NOTE: ALL SIGNATURES AND SEAL ARE ON THE ORIGINAL COPY

Recorded on October 13, 2015                          #671147

CHAPTER 3 

ORDINANCE NO. 3-3

SECONDHAND STORES

SECTION:

            3-3-1:               SECONDHAND STORES DEFINED

            3-3-2:               FEE FOR LICENSE; TERM

            3-3-3:               EACH LICENSE TO DESIGNATE PLACE OF BUSINESS

            3-3-4:               PURCHASING FROM MINORS

            3-3-5:               POLICE AND PEACE OFFICERS TO INSPECT ARTICLES AND THINGS

            3-3-6:              SEVERABILITY

          3-3-7:               RESOLUTIONS

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF ATOMIC CITY:

SECTION 3-3-1: SECONDHAND STORES DEFINED: Every person who shall deal in secondhand furniture or secondhand household goods, or who shall engage in the purchase of any used, old or discarded articles or things, shall be termed a "secondhand dealer" and his place of business shall be known as a secondhand store.

SECTION 3-3-2: FEE FOR LICENSE; TERM: Every person who shall engage in the business of running and operating a secondhand store, shall pay an annual license in the sum to be set by the city council. Any permit granted shall be effective only until December 31 next following. There shall be no prorating of fees.

SECTION 3-3-3: EACH LICENSE TO DESIGNATE PLACE OF BUSINESS: Every license granted to any secondhand dealer shall designate the house or place, together with the street and number, in which the person receiving the license shall be authorized to carry on such business. In case any licensee licensed as such shall desire to move his store or place of business from the place designated in his license to another location, he shall give notice to the city clerk, who will endorse on the license held by the licensee.

SECTION 3-3-4: PURCHASING FROM MINORS: No secondhand dealer shall purchase any goods or articles whatsoever, from any minor without first advising the chief of police and giving him an opportunity to inspect the goods offered for sale before the purchase.

 

SECTION 3-3-5: POLICE AND PEACE OFFICERS TO INSPECT ARTICLES AND THINGS: Every secondhand dealer or junk dealer shall, during reasonable hours, and upon request of any police or peace officer, permit such officer to examine and inspect any merchandise, article or thing in stock in his place of business.

 

SECTION 3-3-6: SEVERABILITY: If any section or provision of this ordinance is held invalid by any court of competent Jurisdiction, such holdings shall not affect the validity of the remaining sections or provisions.

 

SECTION 3-3-7: RESOLUTIONS: Resolutions by mayor and city council to change dates and fees from time to time.

NOTE: ALL SIGNATURES AND SEAL ARE ON THE ORIGINAL COPY

Recorded on July 12, 2016                          #

Background photo by Billie Martin