Details for CITY OF BURLEY - Ad from 2019-06-06

ORDINANCE NO. 1360
AN ORDINANCE OF THE CITY OF BURLEY, IDAHO,
AMENDING SECTIONS 3-3-6, 3-3-8, 3-3-10, 3-5-3,
and 3-5-5 OF THE BURLEY CITY CODE; DELEGATING
AUTHORITY TO THE CITY CLERK FOR FINAL APPROVAL
OF ALCOHOL LICENSES, SUBJECT TO APPEAL TO THE
CITY COUNCIL; PROVIDING AN APPEAL PROCESS;
PROVIDING SEVERABILITY; PROVIDING REPEAL OF
CONFLICTING PROVISIONS OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BURLEY:
SECTION 1. Section 3-3-6 of the Burley City Code shall be, and is hereby
amended as follows:
3-3-6: ISSUANCE OF LICENSE:
The authority for final approval of the application is delegated to the City Clerk,
subject to appeal of the clerk’s decision to the City Council. The application shall
be presented to the Ccity council by the Cclerk at the council’s next succeeding
meeting and after consideration by the City Clerk council shall be granted
or refused. In the event that the license is granted, the clerk shall issue to the
applicant the license applied for. In the event that the application is denied, the
money deposited by the applicant with the Ccity Cclerk shall be returned to
the applicant. An applicant wishing to appeal the City Clerk’s decision to deny
a license, transfer, or renewal of a license to the City Council must submit the
appeal in writing to the City Clerk within ten (10) business days of the denial.
The appeal must set forth the factual basis on which the applicant asserts that
the denial was in error. The appeal will be scheduled for the City Council within
thirty (30) days of the receipt of the written appeal.
SECTION 2. Section 3-3-8 of the Burley City Code shall be, and is hereby
amended as follows:
3-3-8: TRANSFER OF LICENSE; POSTING REQUIRED; CHANGE OF LOCATION:
(A) Nothing in this Chapter shall be construed to create any vested right in any
person to assignment, renewal or reissuance or continuance of any license
or the right to assign any license, or the right to issue a power of attorney
over a license.
(B) No license shall be assigned or transferred nor power of attorney issued over
a license without the written consent and approval of the City Clerk Mayor and
Council. The Chief of Police or any police officer or any officer of the United
States Treasury Department or officer of the State of Idaho charged with the
enforcement of any of the provisions of the regulations for the retail sale of
beer or intoxicating liquor, or the Mayor, shall have the right at any time to
make an examination of any licensed premises to ascertain if the licensee of
such premises is conforming to the provisions of this Chapter or the laws of
the United States applicable thereto.
(C) All licenses shall be posted in a conspicuous place on the premises and kept
posted during the full period of time for which the license is issued.
(D) In case of death, receivership, assignment, bankruptcy or incompetency of
the licensee, the licensee’s business may be carried on under the license
by the duly appointed, qualified and acting receiver, assignee, trustee in
bankruptcy, guardian, executor or administrator of the licensee; provided,
that such receiver, assignee, trustee, guardian, executor or administrator
shall file with the City Clerk a certified copy of his/her appointment and secure
the written consent of the Mayor and City Clerk Council.
(E) Any licensed person desiring to change her/his place of business from
one location to another shall file with the City Clerk an application therefor.
The City Clerk shall make investigation of the new proposed place of business
and shall thereafter grant or deny the requested change, subject to the appeal
procedure set forth in Section 3-3-6 of the Burley City Code. within four
(4) days make report thereon to the Mayor and City Council, accompanied
by the application.
SECTION 3. Section 3-3-10 of the Burley City Code shall be, and is hereby
amended as follows:
3-3-10: PROCEDURE FOR PROCESSING APPLICATIONS FOR LICENSES,
TRANSFERS, OR RENEWALS:
The City Clerk Council shall grant or deny any application within thirty
(30) days of the time it is filed with the City Clerk. Prior to any revocation or
suspension of the license, the licensee shall be afforded a hearing according
to section 23-1016, Idaho Code. Whenever the Mayor and City Council
deniesy an application on appeal, or revokes or suspends a license, itthey shall
specify in writing:
(A) Statutes, ordinances, standards used in evaluating the application;
(B) The reason for the denial; and
(C) The actions, if any, that the applicant could take to obtain the license, transfer,
or renewal thereof.
In all cases where the City Council is considering revocations, suspensions,
or applications for licenses, transfers, or renewals thereof, a transcribable
verbatim record of the proceedings shall be made. If the applicant for a
license, transfer, or renewal is denied, a transcribable verbatim record of
the proceedings shall be kept for a period of not less than six (6) months
after the final decision on the matter. Upon written request and within the
time period provided for retention of the record, any person may have the
record transcribed at the expense of the applicant. The City Council shall also
provide for the keeping of the minutes of the proceedings. Minutes shall be
retained indefinitely as otherwise provided by law.
SECTION 4. Section 3-5-3 of the Burley City Code shall be, and is hereby
amended as follows:
3-5-3: APPLICATION FOR LICENSE:
Application for license shall be in writing, signed and sworn to by the applicant
upon application forms furnished by the clerk. Such application shall be filed
withby the City cClerk and after consideration by the City Clerk will be approved
or denied. presented to the mayor and council at the next meeting of the council
for their approval, rejection or further consideration.
SECTION 5. Section 3-5-5 of the Burley City Code shall be, and is hereby
amended as follows:
3-5-5: ISSUANCE OF LICENSE:
The authority for final approval of the application is delegated to the City Clerk,
subject to appeal of the Clerk’s decision to the City Council. Upon filing the
application for a license and production of evidence as required by section 3-5-4
of this chapter as to the qualifications of the applicant and by the payment of
the required license fee, the clerk shall, upon approval of the City Clerk council,
issue to the applicant a license to sell wine at retail within the city located in
Minidoka County, Idaho, for such calendar year or the remainder thereof.
An applicant wishing to appeal the City Clerk’s decision to deny a license, transfer,
or renewal of a license to the City Council must submit the appeal in writing to
the City Clerk within ten (10) business days of the denial. The appeal must set
forth the factual basis on which the applicant asserts that the denial was in error.
The appeal will be scheduled for hearing before the City Council within thirty
(30) days of the receipt of the written appeal.
SECTION 6. Severability. This ordinance is hereby declared to be severable.
Should any portion of this ordinance be declared invalid by a court of competent
jurisdiction, the remaining provisions shall continue in full force and effect and
shall be read to carry out the purpose(s) of the ordinance before the declaration
of partial invalidity.
SECTION 7. Repeal of Conflicting Provisions. All provisions of the current Burley
City Code or ordinances of the City of Burley which conflict with the provisions of
this ordinance are hereby repealed to the extent of such conflict.
SECTION 8. Effective Date. This ordinance shall be effective upon passage by the
Burley City Council, approval by the Mayor and publication.
PASSED
May 22, 2019
APPROVED
May 22, 2019
CITY OF BURLEY
Steve Ormond - Mayor
ATTEST:
Ellen Maier - City Clerk
PUBLISH: June 6, 2019

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