3-2C-12: ALCOHOLIC BEVERAGE CATERING PERMIT:

   A.   Purpose: The purpose of this section is to provide a procedure and guidelines for obtaining an alcoholic beverage catering license pursuant to Idaho Code, title 23.

   B.   Permit Determination By The City Clerk: The city council has determined that the city clerk shall be delegated the authority to process, grant or deny all alcohol beverage catering permit applications.

   C.   Catering Permits Required; Fees:

      1.   It shall be unlawful for any person to serve and sell any alcoholic beverage retail by the drink upon an unlicensed premises, without first obtaining a catering permit issued by the city clerk pursuant to these provisions. Catering permits associated with events open to the public may also require an open container permit pursuant to section 3-2D-4 of this chapter.

      2.   A nonrefundable filing fee in the amount of twenty dollars ($20.00) per day shall be paid to the city clerk at the time of filing.

   D.   Application For Permit:

      1.   Application: Any person holding an Idaho retail liquor license, retail beer or wine license, or permit issued pursuant to Idaho Code section 23-1007A may obtain an application for a catering permit at the office of the city clerk and fill out the application completely where designated on the application. The application must be executed by the applicant and filed with the city clerk not less than five (5) business days prior to the catering date(s) requested. Failure to complete the required portions of the application may result in a denial of the application.

      2.   Permit: The application for permit shall provide the following information:

         a.   Name, address and phone number of the applicant;

         b.   The number of his/her Idaho state retail liquor license, Idaho state retail beer or wine license, or permit issued pursuant to Idaho Code section 23-1007A;

         c.   A photocopy of the Idaho state retail liquor license, Idaho state retail beer or wine license, or permit issued pursuant to Idaho Code section 23-1007A when requested by the city clerk;

         d.   Dates and hours requested during which the permit is to be effective, not to exceed three (3) consecutive days;

         e.   The names of the organizations, groups, or persons sponsoring the event; and the name of the applicant's designee who will be present at the event;

         f.   The address at which the alcoholic beverages are to be served; and if a public building, or private building open to the public, the rooms in which the alcoholic beverages are to be served;

         g.   The number of anticipated people who will attend the party or convention including all hosts, employees, sponsors, agents, consumers, and security personnel;

         h.   A detailed description or diagram of the location where the alcoholic beverages are to be served and sold.

      3.   Persons Not Qualified For Catering Permit: No catering permit shall be issued to:

         a.   Any person who does not possess a valid retail liquor license, Idaho state retail beer or wine license, or a benevolent, charitable, or public purpose permit from the state pursuant to Idaho Code title 23, chapter 9, 10 or 13;

         b.   An applicant who wilfully files any false or misleading statement which the applicant knows to be or reasonably should have known to be false or misleading in any part of said application or any subsequent report;

         c.   Any application for catering permit for more than three (3) consecutive days as provided by Idaho Code.

   E.   Applications Reviewed:

      1.   The city clerk shall review the application for a catering permit for completeness and forward said application to the police chief and fire chief for their recommendation.

      2.   Recommendation of the police chief and fire chief or their designees:

         a.   The police chief and fire chief or their designees may recommend conditions, terms, or a reduction in the number of requested dates or times as determined reasonable to carry out the policies of the city, which include the protection of the health, safety and welfare of the public, or to prevent an unlawful disturbance or nuisance. Such conditions may include, but are not limited to, posting of appropriate signs, and hiring at applicant's expense additional licensed, bonded security personnel. Any such conditions must be attached and displayed as a part of the catering permit.

         b.   Where the police chief and fire chief or their designees determine that due to the anticipated number of participants, location, pedestrian or vehicular traffic, occurrence of other special events, ingress or egress of customers, or presence of minors requires additional physical configuration or limitation of the premises for enforcement purposes, the chief may recommend that the site of catering be maintained in a specified manner as a condition of the permit.

   F.   Issuance Or Denial Of Application:

      1.   In addition to the standard of review provided in section 3-2-2 of this chapter, whenever the city clerk shall determine that an application for a catering permit is complete the city clerk shall approve or deny such application in accordance with this article. The city clerk shall issue an alcoholic beverage catering permit if all of the following criteria are met and shall deny the application for a permit if any of the following criteria are not met:

         a.   The applicant is qualified;

         b.   The police chief and fire chief or their designees recommend issuance of a permit either absolutely or conditionally;

         c.   A catering site where the applicant proposes to offer alcoholic beverages:

            (1)   Abuts or is contiguous to where sanitation and related services are performed;

            (2)   The boundaries of the proposed catering site are identified in a detailed diagram or description of the premises in which the perimeter of the catering site and its proximity to the nearest streets is designated and measured in feet;

            (3)   The detailed diagram or description of the premises accompanying the application reflects that the proposed event will not inhibit the public health and safety including, but not limited to, the placement of catering site furnishings, tables, chairs or barriers such that it inhibits safe sidewalk or roadway passage.

      2.   Whenever the city clerk shall deny any application the city clerk shall specify in writing:

         a.   The statutes, ordinances and standards used in evaluating the application;

         b.   The reasons for the denial; and

         c.   The actions, if any, that the applicant could take to obtain the license, transfer or renewal thereof.

   G.   Permit Display, Required: The applicant or the applicant's designee is required to carry, display or post the original catering permit issued and must be personally present at the approved catering premises at all times during the life of the catering permit. The applicant's designee on the application shall also be approved by the city clerk in the same manner as described herein for the applicant.

   H.   Grounds And Procedures For Revocation: The city council may, in accordance with proceedings provided for under section 3-2A-9 of this chapter, revoke any catering permit for any of the grounds set forth in this article or as authorized by title 23, chapter 9, Idaho Code, including, but not limited to, for any conduct or act of the permittee or his/her employees or any conduct or act permitted by him/her or them on the site where the catering event is conducted, or in connection therewith or adjacent thereto, tending to render such site as a public nuisance or a menace to the health, peace, safety or general welfare of the city.

   I.   Exigent Circumstances For Revocation: Where there exists a clear endangerment to the health, safety and welfare of the public resulting from the use of the permit, or where the applicant or his/her agents fail to perform in conformance with the conditions and terms set forth on the permit, the city clerk or the police chief may revoke the catering permit issued under the provisions of this article by immediately demanding and seizing the permit from the applicant. Upon receipt of the revoked permit, or where the permit cannot be seized due to unavailability of the applicant, or where the applicant refuses to surrender said permit, the chief of police may direct the seizure of all alcoholic beverages and remove the same and keep the same as evidence, and upon conviction of the person for violation of the provisions hereof, the said liquor and all packages, or receptacles containing the same, shall be forfeited to the state of Idaho. (Ord. 729, 2-10-2015)