Ordinance Text
1-15-17-18: ALCOHOL BEVERAGE CATERING PERMIT:
A. An alcohol beverage catering permit is a permit issued pursuant to this section which authorizes the permit holder to dispense, serve or sell liquor, beer or wine by the drink at a party, special event, or convention, but said license shall not exceed five (5) consecutive days upon obtaining an alcohol beverage catering permit, with an option to request one permit extension on the same terms and conditions as the original permit, which extension may be issued or denied at the sole and absolute discretion of the original issuing entity. An alcohol beverage catering permit shall be limited to authorization to sell or dispense liquor or beer or wine, or any combination thereof, based upon the type of license which the applicant possesses. In addition:
1. A permit shall not be issued/obtained to a person, or for the benefit of another person, attempting to circumvent established alcohol licensing procedures, i.e., operating two (2) separate establishments under one license or for the benefit of a person whose alcohol license has been revoked or canceled; and
2. No location may have more than twenty-four (24) days in any calendar year where alcohol is served pursuant to a catering permit or permits.
B. Applications for a catering permit under this section shall be made to the City Clerk upon the form prescribed by the Chief of Police, which shall contain the following information:
1. The name and address of the applicant and the number of the applicant’s State liquor, beer or wine license and the applicant’s County and City liquor, beer, or wine license number. An alcohol beverage catering permit shall be limited to authorization to sell liquor or beer or wine, or any combination thereof, based upon the type of license which the applicant possesses.
2. The dates and hours during which the permit is to be effective, not to exceed five (5) consecutive days.
3. The names of the organizations, groups, or persons sponsoring the event.
4. The address at which the liquor, beer, or wine is to be served with a detailed description or diagram of the location where the alcoholic beverages are to be served and sold.
C. The application shall be verified by the applicant and filed with the City Clerk at least five (5) business days prior to the day on which the event for which the permit is requested will occur. A filing fee in the maximum amount allowed by the State of Idaho for each day the permit is to be effective shall be paid to the City Clerk which shall not be refunded in any event.
D. Upon the filing of an application, the City Clerk shall, upon receiving approval or denial from the Chief of Police and Fire Marshal, approve or disapprove the application and indicate the determination on the face of the application by endorsement signed by the Clerk of the City. Copies of the application, permit, and endorsements shall be retained by the Clerk. The Clerk shall forward copies of said document to the Alcohol Beverage Control Department of the Idaho State Police.
1. The Chief of Police and Fire Marshal may recommend the catering permit be issued with conditions. The City may consider factors such as: the anticipated number of participants, the location of the venue described for the catering permit, pedestrian and vehicular traffic, the occurrence of other events in the area at the same time, ingress or egress of customers to the venue and surrounding businesses, the presence of minors, and other related and relevant factors.
2. Conditions imposed may include, but are not limited to:
a. Posting signs;
b. Hiring additional security personnel at the applicant’s expense;
c. Hiring trained alcohol servers:
d. Reducing the number of dates or times for which the permit is issued;
e. Ensuring compliance with Fire Code and access of emergency vehicles and personnel;
f. Or maintenance of the venue in a specified manner, including restricted area and access points.
E. In the event the Clerk shall deny an application, the Clerk must specify the following in writing:
1. The statute, ordinance and/or standards used to evaluate.
2. Specify the reasons for the denial.
3. The actions, if any, the applicant could take to obtain the license, transfer or renewal.
F. Decisions of the City Clerk may be appealed to the City Council, that appeal must be filed within fifteen (15) days of the date of mailing and/or delivery of the decision of the City Clerk to the applicant.
G. The City Council shall, within thirty (30) days of the final decision of the City Clerk, make a decision on the appeal. In the event the Council should deny any application, the Council shall specify, in writing, the reasons as set forth in subsections E.1. through E.3. of this section.
H. The City Council, by the enactment of this article, does hereby designate the City Clerk as its duly authorized agent to act on behalf of the Council, except on appeal, in the granting of these permits. City. (Ord. 687, 2-21-2024)
Source: American Legal Publishing — codelibrary.amlegal.com — public domain
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boisestandard.org · municipal corpus
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bs-aml-mid-7af581dcc81b5f06
Doc ID
0-0-0-23081
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boisestandard.org
Jurisdiction
Middleton, Idaho — United States
City
Middleton
County
Canyon County
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American Legal Publishing
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Nearby Sections
1-15-17-13: REVOCATION OF LICENSE:1-15-17-14: DENIAL OF APPLICATION, SUSPENSION1-15-17-15: NOTICE OF HEARING:1-15-17-16: HOURS OF SALE:1-15-17-17: RIGHT OF INSPECTION:1-15-17-18: ALCOHOL BEVERAGE CATERING PERMIT:1-15-17-19: REPEAL AND SAVING CLAUSE:1-15-17-20: SEVERABILITY:1-15-18: WINE LICENSE:1-15-18-1: LICENSE REQUIRED; FEES; TERM:1-15-18-2: APPLICATION FOR AND ISSUANCE OF LI1-15-18-3: QUALIFICATIONS:1-15-18-4: LICENSE RESTRICTIONS:1-15-18-5: CONSUMPTION ON PREMISES:1-15-18-6: REVOCATION OF LICENSE:
Middleton Municipal Code — public domain
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