City Council
Regular MeetingIdaho Falls, ID · January 28, 2019
Minutes
January 28, 2019
The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Monday, January 28,
2019, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 3:00
p.m.
Call to Order and Roll Call:
Mayor Rebecca L. Noah Casper
Councilmember Thomas Hally
Councilmember Jim Freeman
Councilmember Shelly Smede
Councilmember Jim Francis
Councilmember Michelle Dingman
Councilmember John Radford
Also Present:
Brad Cramer, Community Development Services Director
Rick Cloutier, Airport Director
Michael Kirkham, Assistant City Attorney
Abigail French, City Attorney Extern
Pamela Alexander, Municipal Services Director
Mark Hagedorn, City Controller
Josh Roos, City Treasurer
Megan Ricks, Accountant
Dave Hanneman, Fire Chief
Randy Fife, City Attorney
Kathy Hampton, City Clerk
Mayor Casper called the meeting to order at 3:03 p.m. with the following:
Acceptance and/or Receipt of Minutes:
There were no minutes to accept.
Calendar, Announcements and Reports:
February 6, Parks and Recreation (P&R) All Staff Mandatory Meeting; and, Idaho Falls Fire Department (IFFD)
Annual Awards Ceremony
February 7, Road to the 2020 Census Presentation; and, Area of Impact Pre-Meeting
February 11, City Council Work Session
February 14, City Council Meeting
February 15, Idaho Falls Police Department (IFPD) Awards Ceremony
February 18, Presidents’ Day, City offices closed
February 19, Area of Impact Meeting 3
February 22, Ribbon Cutting for Zoo Education Center
February 22-23, Engineering Week Activities - Mayor Casper briefly reviewed these activities
February 25, City Council Work Session
February 28, Idaho Falls Power (IFP) Board Meeting; and, City Council Meeting
Mayor Casper stated Councilmember Hally will be undergoing medical procedures in the near future and could be
absent from several Council Meetings. She also stated she recently participated in the food distribution from the
Community Food Bank for the federal government furloughed employees.
Liaison Reports and Concerns:
Councilmember Hally had no items to report.
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January 28, 2019
Councilmember Smede stated discussion with the State legislature recently occurred regarding annexations.
Councilmember Freeman had no items to report.
Councilmember Francis reiterated the IFFD Awards Ceremony. He stated the IFFD has 15 projects forthcoming. He
also stated the Senior Citizen Center is in need of drivers for the Meals on Wheels program.
Councilmember Radford reiterated the Zoo Education Center Ribbon Cutting.
Councilmember Dingman stated she recently attended the Targhee Regional Public Transportation Authority
(TRPTA) Board Meeting. She indicated the TRPTA auditors commended the internal control improvements made
by the TRPTA staff. Councilmember Dingman also stated the Civitans recently sponsored a Junior Community
Civitan Club, this is not affiliated with any particular school.
Airport Plan, and City Ordinance and Moratorium Discussion:
Director Cramer stated 811 letters were recently distributed to property owners regarding the proposed moratorium.
He commended the media for their outreach assistance. Director Cramer clarified this item should be considered as
a resolution, not an ordinance. He reviewed the following:
Legal Authority: Idaho Code 67-6523 – Emergency Ordinances and Moratoriums (Local Land Use Planning Act),
which includes ‘imminent peril to the public health, safety, or welfare’.
Federal Aviation Administration (FAA) Concerns –
Airport receives significant grant funding from State and Federal agencies
Grants required the City to sign assurances it will protect airspace and land use to provide for long-term
operation of the airport
Failure to meet these assurances can result in loss of grant funding and requirement to repay previous funding
Director Cramer stated the Airport Master Plan was approved in 2010, which showed a table of land uses that should
be prohibited or regulated fairly restrictively to prevent interference with Airport operations. The Airport Master Plan
was adopted as part of the City’s Comprehensive Plan in 2013. There was previous focus on height and noise issues
although the Plan is also about land use, including the imminent development. Director Cramer has been immediately
working with Director Cloutier regarding this issue due to pending developments. Director Cloutier stated this
becomes a safety issue for aircraft as well as residents. Director Cramer stated FAA concerns have evolved over time.
Idaho Falls has had standards in place for previous concerns, but has not adequately addressed the land use. He stated
the moratorium is due to current applications for development. Director Cramer reviewed the map designating the
proposed moratorium boundaries as well as the map included in the Airport Master Plan regarding land uses. He
stated the moratorium is on each end of the critical aircraft approach areas. Director Cramer reviewed Zone 1, the
more restrictive area. He indicated the moratorium is mirrored to the Plan, which does not just include land uses. It
is proposed that no permits be issued and no development plans (preliminary plats, final plats, or site plans) be
approved during the moratorium. This is not restricting annexation, initial zoning, or rezoning. He stated if there is
an existing, approved development plan in Zone 1, permits could still be issued subject to approval by Community
Development Services staff, Airport staff, and the FAA. Director Cramer reviewed Zone 2, which is similar to Zone
1, although a permit could be considered/issued for vacant lots in a current subdivision. However, a new plat would
not be approved for vacant land. He reiterated the moratorium would only be in effect for certain things.
Councilmember Freeman questioned the timeframe of the moratorium. Director Cramer stated the moratorium, per
the approved resolution, can be lifted prior the 182 days. He indicated the goal is to have the moratorium completed
in four (4) months. Mr. Fife stated a moratorium allows a time out to prevent long-term issues for the City. It also
forces cities to make decisions not to impede progress. Director Cramer stated a significant amount of outreach will
be performed during this process. He reviewed the proposed milestone schedule, including Planning and Zoning
(P&Z) sessions, public open house and public hearings, stakeholder meetings, and City Council discussions. He is
also aware of Comprehensive Plan amendments within this area. Mr. Fife stated this moratorium is for City property,
development, and growth only and, does not include Bonneville County areas. Councilmember Smede stated this
moratorium allows the correct process for the City. She believes this moratorium is important. Mayor Casper
questioned the property owners affected by this moratorium. Director Cramer stated the number of property owners
is fairly low although the financial impact could be large. Director Cloutier stated the area of impact is a 10,000’
radius and, the approach is a 20,000’ radius. The FAA would have the final approval within this radius. Mayor Casper
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January 28, 2019
questioned the due diligence of development around the airport. Mr. Fife stated the ultimate responsibility would fall
to the developer. Director Cloutier stated the FAA sets the guidelines and if the County chooses not to follow this
plan, the City would be required to take action. Councilmember Radford realizes the primary focus of the FAA is
safety although he believes this may be a frustrating process for business/property owners for predictability. Brief
discussion followed regarding the FAA grant process. Director Cloutier reiterated more land needs to be protected
for airport approach. He also stated the approach area could change depending on aircraft size/critical aircraft, which
is currently addressed in the Airport Master Plan. Director Cramer stated due to recent development, the Airport staff
is now part of the planning, reviewing, and approval process. Director Cloutier is hopeful a yearly discussion could
occur regarding the Airport Master Plan. Brief general comments followed.
Alcohol Ordinance Revision Discussion:
Mayor Casper briefly reviewed the process for application/approval of alcohol licenses, including the City Council
approval. Mr. Kirkham stated the current City Code addresses alcohol in four (4) different City Code sections. He
also stated after recent review of State Code, which has been piecemealed over the course of time, the proposed draft
ordinance would delegate the issuance of an alcohol license to the Clerk. Mr. Fife stated the licenses would no longer
be required as an agenda item, although any appeal for denial of an alcohol license would be presented before the
Council. He also stated the Police Chief, or his or her designee, would continue to approve the license. Mr. Kirkham
clarified in the proposed ordinance amendment, a State and County license would be required before applying for a
City license. He also noted expiration of City alcohol licenses would expire September 30 of each year to coincide
with State and County licenses. Councilmember Francis questioned updating City Code referencing alcohol. Mr.
Kirkham stated this would require a significant amount of staff time. Councilmember Freeman stated due to current
discussion with the State legislature regarding liquor licensing, he recommended postponing any changes on a City
level at this time. There was consensus for Legal Services to amend the City Code referencing alcohol as time allows.
Brief comments followed regarding the age requirement. This item will be included on the January 31 Council
Meeting agenda.
Special Consideration of Approval for Beer Licenses to Billman Catering LLC; Smokin Fins; and, Sneekers Bar &
Grill:
Mayor Casper stated, per the previous conversation, the City Clerk has verified these three (3) businesses are eligible
for a City license. It was moved by Councilmember Dingman, seconded by Councilmember Hally, to approve Beer
licenses to Billman Catering LLC; Smokin Fins; and, Sneekers Bar & Grill. Councilmember Freeman questioned the
approval of the beer license only, not the liquor license. Ms. Hampton stated per State Code, only Beer licenses were
required to be approved by Council. Mr. Kirkham confirmed, per current City Code as well. It was then moved by
Councilmember Dingman, seconded by Councilmember Hally, to approve the alcohol licenses as necessary for the
City of Idaho Falls to Billman Catering LLC; Smokin Fins; and, Sneekers Bar & Grill. Roll call as follows: Aye –
Councilmembers Smede, Hally, Dingman, Radford, Freeman, Francis. Nay – none. Motion carried.
Quarterly Finance Presentation:
Director Alexander briefly reviewed the quarterly presentation timelines. Mr. Hagedorn reviewed the following with
general discussion throughout:
2017/18 Year-end Budget to Actual Revenue Reporting
Total Revenues:
2017/18 Budget = $194,933,941
Year to Date = $162,672,984
Percentage Received = 83.45%
Fund Balance is intended to balance the budget; more revenue, as a City, has been collected then expended; Taxes
are collected on a five-year average; decrease in Intergovernmental was due to grants; and, Non-revenue Transfer is
charges between Enterprise Funds and Government Funds, based on cost driving and true-up.
2017/18 Year-end Budget to Actual Expenditure Reporting
2017/18 Budget = $194,933,941
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January 28, 2019
Year to Date = $162,672,984
Percentage Expended = 83%
Wages/Benefits were higher; Capital Outlay (budgeted as capacity) was decreased to projects anticipated versus
completed.
FY 2017-2018 Expenses by Governmental Departments
It was noted IFFD (Fire Department, Fire Capital Improvement Fund, and Ambulance Fund) was the only department
that exceeded their budget. Wildland deployment is collected in the previous fiscal year.
FY 2017-2018 Expenses by Enterprise Departments
It was noted these departments are all under budget.
FY 2017-2018 – General Fund and Government Funds
General Fund was under budget as well as Street Fund, Recreation Fund, Library Fund, Business Improvement Fund,
Golf Fund, and, Self-Insurance Fund.
FY 2017-2018 Capital Improvement Funds
Reserve funds are collected over time for future projects. Most funds were under budget.
FY 2017-2018 Expenses – Enterprise Funds
There were no comments.
Fiscal Year 2018/19 Budget to Actual Revenue Reporting
2018/19 Budget = $206,598,558
Year to Date = $28,652,590
Percentage Received = 13.87%
Year-end Forecast = $175,325,186
It was noted Mr. Roos just received the January payment of property taxes from Bonneville County to apply toward
Taxes and Franchises.
Fiscal Year 2018/19 Budget to Actual Expenditures Reporting
2018/19 Budget = $206,598,558
Year to Date = $28,652,590
Percentage Expended = 14%
Year-end Forecast = $175,325,186
Wages will increase for seasonal employees. Wages will be over budget due to overtime. Per State, there will be a
rate increase to Public Employee Retirement System of Idaho (PERSI).
Debt Service (for Wastewater Treatment Plant loan) is two (2) years ahead, this has resulted in savings of
approximately $400,000.
Mr. Hagedorn stated expenses in the previous year exceeded revenues by $1.7m. This is partially related to the IFFD
and their wildland deployment. He indicated this is being closely monitored. Mr. Hagedorn also stated the Recreation
Fund expenses exceed the revenues. He indicated costs will be cut where possible. It was noted the Recreation Fund
has a small levy.
Ambulance Fund expenditures exceeded revenues by ~$1m. This is a complicated issue. Chief Hanneman stated
Medicaid expansion could potentially bring in $1.5m. He also stated there is discussion to request the County to raise
the tax levy (this could bring in ~$1.3m). Director Alexander stated there are three (3) agencies to assist with
ambulance collections. It was noted this is a continued deficit.
Mr. Roos stated an Investment and Bank Meet and Greet occurred in November 2018. He believes this was beneficial.
Mr. Roos presented the following with general discussion throughout:
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January 28, 2019
Current Banking –
Businesses with four (4) banks (Wells Fargo, US Bank, Zions Bank and Bank of Idaho) with a total of 18
accounts.
It was proposed to simplify to two (2) banks (Wells Fargo and Bank of Idaho) with a total of 12 accounts.
The City is currently making earnings credit that pays for all of monthly fees.
New proposed sweep account at Wells Fargo will have a sweep rate of 2.35% which will make approximately
$20,000 per month in cash from interest, after all fees have been paid. Bank of Idaho will have Money Market
account with interest earnings rate at 2.38%.
These proposed changes are anticipated for March 2019.
Councilmember Radford expressed his appreciation for these changes.
Investment Trends –
Recession began in December 2007
Within one (1) year rates went from 4.25% to effectively zero
Between 2008 and 2015 the Fed kept the rate at zero
At the end of 2015 growth began to stabilize
In 2016 unemployment began to decrease and inflation began to increase. On December 15 the Fed raised
rates to .75%
From December 2016 to December 2018 rates raised from .75% to 2.5%
The Federal Open Market Committee (FOMC) expects to increase the rate up to 3% in 2019. The markets
expect no rate hike and a possibility of a rate cut by the end of the year.
There are three (3) main types of yield curve shapes: normal, flat and inverted
The US Treasury Yield Curve is starting to move to a flattened state. This means that there is little difference
between short-term and long-term rates for bonds.
When there is a flat yield curve there is usually little benefit in holding the longer-term securities
Key private bank analysts expect that there will be further flattening of the yield curve throughout 2019 as
the FOMC continues to ‘normalize’ rates and the economy continues to be more of the same.
Current Cash and Investments (as of 12/31/2018)
Cash and Investment Portfolio = $108,212,178.65
Agencies – 42 investments, $23,962,656.16, 22%
CD’s – 24 investments, $10,986,314.37, 10%
Corporate Bonds – 54 investments, $48,739,809.30, 45%
Cash – $24,523,398.82, 23%
Mr. Roos stated as investments have been maturing over the course of the previous year they have been applied
toward cash which currently can be reinvested at a higher rate. Director Alexander expressed her appreciation to IFP
Director Bear Prairie for his assistance with investments.
Mr. Roos reviewed investments date of maturity and respective amounts. He stated the Investment Policy will be
presented to City Council at the February 14, 2019 Council Meeting. He also stated Clearwater Analytics will be a
great asset to analyze the City investments. He briefly reviewed Finance and Investment Committee meeting dates.
Treasurer’s Report – required by Idaho State Statute 50-208. Mr. Roos briefly reviewed fund, beginning cash and
investments, total receipts, total disbursements, and, ending balance cash and investments categories. He stated he
will be adding additional categories/information in the future.
Director Alexander reviewed cash and investment management including internal controls and monthly bank and
investment reconciliations. Mr. Hagedorn stated the importance of internal controls over cash is tremendously vital
to the organization for safe guarding, protection, and documentation. He commended Megan Ricks, Accountant, for
her assistance with the improved process of reconciliation. He reviewed the reconciliation process, stating the goal is
to reconcile on a daily basis versus a monthly basis to prevent fraud and error. Reconciliation is to match financial
data with banking data. Mayor Casper commended the Municipal Services Department.
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January 28, 2019
Director Alexander reviewed General Fund Management –
General fund departments should manage within their approved budget and any overages should be
communicated to City Council
Importance of general fund departments bringing 2018/19 budgeted items before City Council by July 2019
Any new project or project(s) with ongoing costs to the general fund should be communicated to City Council
to incorporate into forecast models
Director Alexander briefly reviewed upcoming annual audit and annual risk management dates of presentation.
There being no further business, the meeting adjourned at 6:03 p.m.
s/ Kathy Hampton s/ Rebecca L. Noah Casper
CITY CLERK MAYOR
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Agenda
Idaho Falls Sister City Meeting Minutes
Monday, October 1, 2018
Members in Attendance: Cal & Cindy Ozaki, Paul & Sheri Hansen, Brian & Julie Wartchow, Edward &
Cheryl Zaladonis, Val Haddon, Jim & Nancy Thorsen, Nan Hong, Bill Toth, Reggie & Isoke Fuller, Kevin &
Joan Fuhrman, Lisa & Jerry Sehlke, Kris & Chelsea Schneider, Kirsten & Bryce Shurtliff, David & Carole
Walters, Kay Rohrdanz, Lynda Ulschmid, Linda Milam, Clark Kido, Brad Cramer, and Litton Power
Guests in Attendance: Tom Hally, President of the City Council – will represent the city at the Welcome
Reception
Minutes: Approved as amended.
Treasurer’s Report: Beginning Balance $13,678.44. New Balance: $15,712.20 Approved.
Business:
Events: Cindy sent around invoice sheets for member meals for the visit. All members participating
should complete a sheet and submit a check for the total to Sister City.
Lisa passed out signup sheets for the events that our members want to attend. ACTION –please notify
add your name to events you will attend. Also please indicate if you can act as a driver for delegation
members for events you will attend.
Clark Kido gave an update on the friendship garden. He indicated that several organizations that had
previously borrowed Japanese Koi flags will make a $50 donation each time they use them. The Ski
Patrol will donate $200 for 4 events. Reminder regarding JACL Bento Box fundraiser.
Edward Zaladonis reported that he has secured a lovely Bonsi tree from his brother to display in the
Pavilion. He also indicated that he has been working on a back-door entrance.
Cindy reported that the Japanese display in the Library needs attention prior to visiting with delegates
(during home stay weekend). Edward volunteered to check and make improvements as possible.
Media: Litton reported that he has been working on publicity for the visit. He is working to get the
Idaho Falls Sister City page linked to several Idaho Falls organizations’ pages (Downtown
Development, Japanese Pavilion, etc.) During the visit, be sure to post pictures and tag participants and
friends, this is a good way to elicit interest in Sister City membership! Dave Eaton is working with
Discover Magazine to include both adult and youth sister city organizations in the listing of cultural
activities in the magazine. We also discussed the lack of signage for the friendship garden. Tom Hally
offered to talk to the Parks & Recreation director to see if the Friendship Garden can be included on
City/Park signs.
Cindy and members reviewed Japanese customs and simple language phrases. Members are encouraged
to have fun interacting with our guests, and not to stress too much about language barriers.
Delegation Visit/ Schedule was reviewed and refined. Watch for Cindy’s email with an updated
schedule:
o Arrival: The delegates arrive on Friday, Oct. 5th. We will greet them at the airport and meet
their homestay families. The potluck Turkey dinner has been moved to the Senior Citizen’s
Center. Nancy sent out signup sheets for the pot luck. Sister City will purchase whatever
members are not able to contribute. Home stay begins Friday.
o Saturday, Oct. 6th - Tailgate Party and ISU/UI Football game: Remind delegates to bring the
ISU swag from the gift bags. Plans for a tour are still tentative. Chris sent out a flyer with
pertinent information regarding timing and location for parking and tailgate party. While the
stadium is covered, it may be a good idea to bring stadium blankets, set pads, etc. Talk with
members to arrange carpools and designated drivers.
o Sunday and Monday homestays. Home stay hosts are responsible for ensuring their guest(s)
have transportation to all activities (even if you cannot attend) – Paul Hansen will help make
alternate arrangements if you need them. Members can coordinate with each other on doing
group events if they desire. Edward has arranged for pistol shooting on Sunday if your delegate
is interested. Please have delegates checking into the Hilton Garden Inn there Monday by 7pm
after feeding them dinner. The interpreter is staying with Paul and Sheri Hansen if you need help.
o City Day, 9 Oct: Business dress. Please meet at the hotel by 8:15am (punctuality is a must!) the
schedule includes the following: (1) We will start with a picture at 8:30 then a meet and greet
with the Mayor and City Council Members in the Council Chambers from until ~9:30. (2) Fire
Station 1 Tour 9:45 to 10:45, (3) Broadway Tour 11:05-11:45, (4) Lunch-. (5) a tour of the
Friendship Garden and the Visitor’s center. The Community Reception will be that evening at
6:00 pm at the Art Museum (Dress is Business). Bring umbrellas if the weather will be cloudy.
o Wednesday 10 Oct will include the INL tour (IF members attending include Cal, Litton, Carole,
Lynda, Kirsten, and Nan), Lunch at Frosty Gator, visit to the Humanitarian Center, Teton
Toyota, and Mexican dinner with the youth group (at the Skyline Activity Center)
Bus Trip: Thursday, 10 Oct – Meet at the Hilton Garden Inn at 6:45am (Cindy is checking to see if it is
ok to leave vehicles parked there all day). We will visit Grand Teton park -stops will be determined
based upon the weather– Brian Wartchow has a recommended itinerary.
Friday, 12 Oct – Home tours, Thunder Ridge High School and College of Eastern Idaho. Evening event
pizza dinner at Lucy’s and IF Symphony Rehearsal.
Farewell Brunch: Idaho Brewing Company.
Farewell Party: Cindy has booked the Sandpiper for Saturday, Oct 13th, 5:30. (Dress is Business
Casual)
Farewell Departure Breakfast: Their flight leaves on Sunday at 7:29 am. We will have a small
breakfast in the small meeting room by the departure gate consisting of coffee, tea, juice. Great Harvest
has offered to donate muffins etc. to share.
General reminders:
o Perhaps we can get shoe covers for the home tours.
o Home stay hosts are responsible for ensuring their guest(s) have transportation to all activities
(even if you cannot attend) – Paul Hansen will help make alternate arrangements if you need
them.
o Sheri has been working on Name badges and a phone list. She will provide them before the visit.
o If your plans change, and you will not be able to attend as planned – Please send the event
coordinator a text, email or phone call.
o This should be a great visit. Thanks to everyone for pitching in to get things done!
The next time we get together will be to greet our guests on Friday, October 5th!
Honorable Mayor and City Council
Brad Cramer, Community Development Services Director
Thursday, January 24, 2019
Moratorium
Attached is the letter mailed to property owners within the area of the moratorium, a map of
the area affected, a draft ordinance implementing the moratorium and a summary for the
moratorium.
Attachments: Letters
Map
Draft Ordinance
Talking Points
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL
CORPORATION OF THE STATE OF IDAHO, DECLARING A
MORATORIUM ON CERTAIN LAND USES AND BUILDING PERMIT
APPLICATIONS WITHIN A DEFINED GEOGRAPHIC AREA WITHIN CITY
LIMITS FOR A PERIOD OF NOT MORE THAN ONE HUNDRED EIGHTY-
TWO DAYS (182) FROM THE DATE OF PASSAGE OF THIS RESOLUTION
DUE TO IMMINENT PERIL OF PUBLIC HEALTH, SAFETY, AND/OR
WELFARE; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE
UPON ITS PASSAGE.
WHEREAS, City desires to maintain, operate, and protect its airport as a vital asset, an important
economic engine, and as a principle transportation hub in the region; and
WHEREAS, the airport master plan, adopted by the Airport in _________ February 8, 2010
(CONFIRM WITH RICK) and by the Council in __________(I haven’t been able to find
anywhere the Council specifically adopted it the airport plan. It is specifically listed in the
comprehensive plan as a volume of the comprehensive plan so that could work also. The council
adopted the comprehensive plan on December 19, 2013, , identifies critical areas to its operations
that must be protected from incompatible land uses; and
WHEREAS, in certain parts of those critical areas, development of incompatible land uses is
imminent; and
WHEREAS, for example [Brad fill in]in certain parts of the critical areas, applications for
development of significant size and number of lots for incompatible land uses have already been
submitted throughout 2018 (is that specific enough if I add the details in the findings?); and
WHEREAS, planning and zoning land use controls are not yet in place to protect these critical
areas from development of incompatible land uses; and
WHEREAS, allowing the development of these land uses would put future residents and
property owners in areas where emergency landings or crashes of aircraft are most likely to
occur and where noise levels from aircraft are above nuisance levels; and
WHEREAS, allowing the development of these land uses would also put the airport at risk of
losing Federal Aviation Administration (“FAA”) funding and the ability to operate in the future;
and
WHEREAS, Community Development Services Department is actively working on ordinance
changes and Comprehensive Plan amendments to reflect the recommendations of the airport
master plan; and
AIRPORT MASTER PLAN CRITICAL AREAS RESOLUTION PAGE 1 OF 6
WHEREAS, these changes are expected to be in place within one hundred eighty-two (182) days
from the date of adoption of this Resolution; and
WHEREAS, during the moratorium, Zone 1 as shown on Exhibit A no building, electrical,
plumbing, mechanical, or right-of-way, permits shall be issued for land uses identified by the
airport master plan as incompatible with airport operations. In Zone 2, permits may be issued
subject to certain development regulations and approval by the airport and FAA. In both Zones,
Ddevelopment plans including preliminary plats, final plats, or site plans shall not be approved
during the moratorium.
NOW, THEREFORE, THE COUNCIL FOR THE CITY OF IDAHO FALLS, IDAHO,
HEREBY FINDS AS FOLLOWS:
FINDINGS
1. The Idaho Falls Airport is an important local and regional economic and transportation
asset that enhances the quality of life for visitors, residents, and the public at large.
2. The Airport Master Plan was adopted by the City on ____________ February 8, 2019
(CONFIRM WITH RICK)
3. The Airport Master Plan contains certain important health, safety, and welfare regulations
in order to allow development in and around the Airport.
4. The Airport Master Plan was adopted in ____________on December 19, 2013 as part of
the Comprehensive Plan.
5. There is an increasing interest in development [Brad describe interest, development
pressure, application , etc.]including a plat showing development of nearly 300 homes
submitted in December, 2018, annexation for 10 acres of residential development
submitted in May, 2018, and an application for development of 1.5 acres of high density
residential development submitted in July, 2018. In addition other entities such as Idaho
National Laboratory and Idaho State University have expressed a need to grow their
campuses north of MK Simpson Boulevard.
6. Current land uses in City ordinances are not compatible with the Airport Master Plan of
______________ February 8, 2010 or the Comprehensive Plan.
7. This incompatibility creates or sustains an imminent peril to public health, safety, and
welfare because their inadequate legal safeguards to public and private uses within the area
adjacent to the Airport.
AIRPORT MASTER PLAN CRITICAL AREAS RESOLUTION PAGE 2 OF 6
8. There is potential and perhaps, permanent conflict between uses compatible with the
Airport and residential and other uses if the City Code is not amended to conform to the
Airport Master Plan of ____________.February 8, 2010.
9. The moratorium is designed to have minimum impact on potential development within the
area and on certain uses in the area surrounding Airport.
10. The moratorium is the only way to avoid imminent peril to the public health, safety, or
welfare, as described in this Resolution.
11. A moratorium of not more than one hundred eighty-two (182) days is from the date of
passage of this Resolution is sufficient to allow the City to correct the conflict between the
Airport Master Plan of ______________ February 8, 2010 and current City Code
provisions related to development in or around the Airport.
NOW, THEREFORE, THE COUNCIL FOR THE CITY OF IDAHO FALLS, IDAHO,
HEREBY ORDERS AS FOLLOWS:
1. There shall be, from the date of passage of this Resolution, a moratorium of not more
than one hundred eighty-two (182) days for the following uses in the area described.
In the Limited Development Approach Surface Zone (Zone 1 on the Map), no building permits
or approval of development plans shall be approved during the moratorium for the following uses:
Residential Uses (all types) Religious services and assemblies (outdoor)
Entertainment assemblies Sports event assemblies
Sports arenas, courts, fields Circuses and carnivals
Amusement and theme parks Playgrounds and neighborhood parks
Community and regional parks Religious land uses (indoor)
Theaters and auditoriums Stadiums and arenas
Gymnasiums Gas utility facilities
Wholesale trade of liquefied gases, petroleum Manufacturing of chemicals an allied products,
and distillate products, industrial chemicals, petroleum refining and related products, or
explosive or pyrotechnic products explosive and pyrotechnic products
AIRPORT MASTER PLAN CRITICAL AREAS RESOLUTION PAGE 3 OF 6
In the Limited Development Approach Surface Zone (Zone 1 on the Map), during the
moratorium no development plans shall be approved, but building permits in existing, approved
developments may be approved subject to airport and FAA approval for the following uses:
Hospitals and nursing homes Other medical facilities
Day care facilities Educational facilities
Government services Cemeteries
Professional, financial, and insurance services Electric generating plants
Electric facilities Groceries and food stuff
Eating and drinking establishments Shopping malls and centers
Gas and convenience stores Liquefied and bottled gases
Manufacturing of rubber and plastic products,
clay and glass products, or metal fabrication
In the Controlled Development Approach Surface Zone (Zone 2 on the Map), during the
moratorium no development plans shall be approved, but building permits in existing, approved
developments may be approved subject to airport and FAA approval for the following uses:
Residential (all types) Religious Land Uses
Theaters and auditoriums Stadiums and arenas
Gymnasiums and Natatoriums Hospitals and nursing homes
Other medical facilities Day care facilities
Educational facilities
In both the Limited Development Approach Surface Zone (Zone 1) and Controlled
Development Approach Surface Zone (Zone 2), during the moratorium no permits or
development plans for buildings or other structures that will exceed the heights recommended in
the Idaho Falls Airport Master Plan (adopted 2010) shall be approved.
2. [Brad fill in conditions of moratorium]
AIRPORT MASTER PLAN CRITICAL AREAS RESOLUTION PAGE 4 OF 6
ADOPTED and effective this _______ day of January, 2019.
CITY OF IDAHO FALLS, IDAHO
_________________________________
Rebecca L. Noah Casper, Mayor
ATTEST:
_________________________
Kathy Hampton, City Clerk
(SEAL)
STATE OF IDAHO )
) ss:
County of Bonneville )
I, KATHY HAMPTON, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO, DO
HEREBY CERTIFY:
AIRPORT MASTER PLAN CRITICAL AREAS RESOLUTION PAGE 5 OF 6
That the above and foregoing is a full, true and correct copy of the Resolution
entitled, “A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A
MUNICIPAL CORPORATION OF THE STATE OF IDAHO, DECLARING A
MORATORIUM ON CERTAIN LAND USES AND BUILDING PERMIT
APPLICATIONS WITHIN A DEFINED GEOGRAPHIC AREA WITHIN CITY
LIMITS FOR A PERIOD OF NOT MORE THAN ONE HUNDRED EIGHTY-
TWO DAYS (182) FROM THE DATE OF PASSAGE OF THIS RESOLUTION
DUE TO IMMINENT PERIL OF PUBLIC HEALTH, SAFETY, AND/OR
WELFARE; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE
UPON ITS PASSAGE.”
____________________________
Kathy Hampton, City Clerk
(SEAL)
AIRPORT MASTER PLAN CRITICAL AREAS RESOLUTION PAGE 6 OF 6
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING
CHAPTERS TWO, THREE, AND FOUR OF TITLE FOUR OF THE CITY
CODE; TO REQUIRE APPLICANTS FOR RETAIL SALES OF BEER, WINE,
AND LIQUOR TO FIRST OBTAIN CURRENT, VALID LICENSES FROM THE
COUNTY AND STATE PRIOR TO APPLYING FOR A CITY LICENSE,
PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY
SUMMARY, AND ESTABLISHING EFFECTIVE DATE.
WHEREAS, the City has historically required that applicants for a City license for retail sales of
beer, wine, and liquor first obtain a current, valid license from Bonneville County and the State
of Idaho; and
WHEREAS, the Council desires to clarify the City’s requirements for receiving a City license
for retail sales of alcohol; and
WHEREAS, the Council desires to conform the City’s licensing expiration to coincide with the
Bonneville County and State licensing expiration.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF IDAHO FALLS, IDAHO, THAT:
Section 1: Title 4, Chapter 2 of the City Code of the City of Idaho Falls, Idaho, is hereby amended
as follows:
4-2-1: DEFINITIONS: Certain words and phrases used in this Chapter are defined as
follows:
BARTENDER: Any person, whether agent, servant, employee, or person acting in any other
capacity, who pours, mixes, or prepares any liquor by the drink upon any licensed premises. This
shall not apply to any person who solely pours, mixes or prepares wine by the drink at retail as
defined by Section 4-4-1 of this Code.
DIRECTOR: The Director of the Idaho Department of Law Enforcement.
INTERDICTED PERSON: A person to whom the sale of liquor is prohibited under the laws of
the State.
LICENSE: A license issued by the Council City to a qualified person, under which it shall be
lawful for the licensee to sell and dispense liquor by the drink at retail.
ORDINANCE – ALCOHOL BY THE DRINK LICENSING PAGE 1 OF 13
LICENSEE: The person to whom a license to sell and dispense liquor by the drink is issued under
the provisions of this Chapter.
LIQUOR: Any kind of liquor which may be sold by a State liquor store.
PREMISES: The building, room or place in which the sale of liquor by the drink at retail by a
licensee is authorized under the provisions of Title 23, Chapter 9, Idaho Code, as amended, and
under this Chapter.
4-2-2: LICENSE REQUIRED: No person shall sell or dispense liquor by the drink at
retail on any premises in the City without first obtaining licenses as required by this Chapter,
applicable Bonneville County ordinances, and Title 23, Chapter 9, Idaho Code, as amended.
4-2-4: APPLICATION FOR LICENSE:
(A) Each applicant for a license shall file with the Clerk an application in
writing, verified under oath, stating the following:
(1) That the applicant lawfully holds a current, valid license issued by
the County Commissioners of Bonneville County, Idaho and a
current, valid issued by the Director State pursuant to the provisions
of Title 23, Chapter 9under, the Idaho Code, as amended.
(2) That the applicant complies with the applicable Bonneville County
liquor ordinances.
(3) A description of the premises for which the license is sought, their
location and the name of the owner of the premises.
(4) (3) The names and addresses of all persons who will have any
ownership or equity interest in any business to be carried on in the
licensed premises, including without limitation interests arising
from conditional sales contracts, partnerships, trusts or shares of
corporate stock and the amount and nature of such interest.
(5)(4) The names and addresses of the applicant and all members of a
partnership or association and all officers, members of the governing
board and all stockholders of any corporation or any entity identified
pursuant to this section.subsection (C) above.
ORDINANCE – ALCOHOL BY THE DRINK LICENSING PAGE 2 OF 13
(6) (5) Any other information reasonably necessary for the City Clerk to
determine the applicant's qualifications or disqualifications for a
license.
(B) If during the term of any license issued under this Chapter any change shall
take place in any of the information stated in the application, the licensee shall deliver a verified
report of the change to the Clerk no later than seven (7) working business days after following the
change occurs.
(C) The names and addresses of the applicant and all members of a partnership
or association and all officers, members of the governing board and all stockholders of any
corporation or any entity identified pursuant to subsection (A) above.
(D) Any other information reasonably necessary for the City Clerk to determine
the applicant's qualifications or disqualifications for a license.
If during the term of any license issued under this Chapter any change shall take place in any of
the information stated in the application, the licensee shall deliver a verified report of the change
to the Clerk no later than seven (7) working business days after following the change occurs
4-2-5: INVESTIGATION: Upon receipt of an application for a license or for a transfer of
a license under this Chapter, accompanied by the necessary license or transfer fee, the Clerk and
Chief of Police shall investigate all information stated in the application and report the results of
the investigation to the City CouncilClerk. If the Council Clerk determines that the contents of
the application are true, that the applicant is qualified to receive a license, that the premises are
suitable for carrying on the intended business and that the requirements of this Chapter have been
met, a license shall be issued or transferred, upon approval of the Council. Otherwise, the
application shall be denied and the license or transfer fee refunded.
4-2-6: FORM OF LICENSE; DISPLAY: Every license issued under this Chapter shall
state the name of the person or business entity to whom issued and the location by street and
number or other definite designation of the premises. If issued to a partnership, the names of the
persons constituting the partnership shall be stated. If issued to a corporation or association, the
names of the principal officers and the members of the governing board shall be stated. The license
shall be signed by the licensee and shall be posted on the licensed premises in a place conspicuous
to the public. No person except the named licensee shall exercise any of the privileges granted
under the license. A Licenses issued under this Chapter apply only to premises for which they
haveit has been issued.
4-2-7: EXPIRATION OF LICENSES: All licenses issued pursuant to this Chapter shall
expire at midnight on December 31September 30 of the calendar year for which they are issued.
ORDINANCE – ALCOHOL BY THE DRINK LICENSING PAGE 3 OF 13
4-2-8: MULTIPLE LICENSES PROHIBITED: No person shall be granted more than one
license in any calendar year. No partnership, association or corporation holding a license under
this Chapter shall have as a member, officer or stockholder any person who has financial interest
of any kind in, or is a member of, another partnership or association or an officer or shareholder
of another corporation holding a license under this Chapter.
4-2-9: TRANSFER OF LICENSES: No license may be transferred to another person,
unless the transferee first obtains approval of the City Council upon application containing
substantially the same information required by Section 4-2-4 of this Chapter. If the proposed
transferee is qualified for the license, the Council shall approve the transfer and the City Clerk
shall reissue the license in the name of the transferee. The fee for each license transfer shall be in
an amount set from time to time by Resolution of the Council. The fee shall accompany the
application for transfer.
4-2-10: PERSONS NOT QUALIFIED TO BE LICENSED: No license shall be issued or
transferred to:
...
Any license, held by any person who later becomes disqualified under the provisions of this
Section, shall be promptly revoked by the CouncilClerk.
...
4-2-12: LOCATION RESTRICTIONS:
...
(C) The City Council may for good cause shown grant a variance to the
provisions of Section (A) or (B) above. Prior to granting such variance, the City Council shall
hold a public hearing after giving written notice to the owners or occupants of all properties located
within three hundred (300) feet of the exterior boundaries of the proposed licensed premises,
measured in the manner set forth above. Such notice shall be given at least fifteen days prior to
the date of the hearing. Notice shall be deemed to have been given upon its personal delivery to
such owner or occupant or upon its deposit in the United States mail, addressed to the owner at the
address last shown on the Bonneville County property tax rolls.
...
4-2-17: SALES TO DISQUALIFIED PERSONS UNDER AGE 21:
(A) Any person under the age of twenty-one (21) years who shall purchase,
attempt to purchase, possess, serve, dispense, or consume beer, wine or other alcoholic liquor shall
be guilty of a misdemeanor provided, however, that any person who is nineteen (19) years of age
or older may sell, serve, possess and dispense liquor, beer or wine in the course of his employment
ORDINANCE – ALCOHOL BY THE DRINK LICENSING PAGE 4 OF 13
in any place, as defined in Section 23-942(C), Idaho Code, or other place where liquor, beer or
wine are lawfully present so long as such place is the place of employment for such person under
twenty-one (21) years of age. No person under twenty-one (21) years of age may serve alcoholic
beverages in an establishment that sells liquor by the drink or beer or wine to be consumed on the
premises, unless that establishment is also a bona fide restaurant.
...
4-2-18: LIQUOR CATERING PERMIT: Any person holding a retail liquor license may
serve and sell liquor, retail by the drink at a party or convention at a location other than at the
licensed premises for a period not to exceed three (3) consecutive days, upon obtaining a liquor
catering permit. Applications for such permit shall be made to the City Clerk on such form as
prescribed by the Clerk, which form shall contain the following information:
...
(D) The address at which the liquor is to be served, and if a public building, the
rooms in which the liquor is to be served.
The application shall be verified by the applicant and filed with the Clerk. A filing fee in an
amount set from time to time by Resolution of the Council for each day the permit is to be effective
shall be paid to the City Clerk. Such fee shall be nonrefundable irrespective of whether the party
or convention is held.
...
4-2-20: PERSONS UNDER SPECIFIED AGES PROHIBITED TO BE AT LICENSED
PLACES: No person under the age of twenty-one (21) years shall enter, remain in or loiter in or
about any premises licensed for the sale of liquor by the drink at retail, or sale of beer for
consumption on the premises, nor shall any licensee of either such place, or any person in charge
of a licensed premises or on duty while employed by the licensee therein, permit or allow any
person under such age to remain in or loiter in or about such place. Provided, however, it is lawful
for persons who are musicians and singers eighteen (18) years of age or older, to enter and to
remain in any place, as defined in Section 23-942, Idaho Code, but only during and in the course
of their employment as musicians and singers. Provided further, that it is lawful for persons who
are nineteen (19) years of age or older to sell, serve, possess or dispense liquor, beer or wine in the
course of their employment in any place as defined in Section 23-942, Idaho Code, or in any other
place where liquor, beer or wine are lawfully present, so long as such place is the place of
employment for such person. However, the foregoing shall not permit the sale or distribution of
any alcoholic beverages to any person under the ages specified for sale of alcoholic beverages.
...
ORDINANCE – ALCOHOL BY THE DRINK LICENSING PAGE 5 OF 13
4-2-22: POSSESSION OF OPEN CONTAINERS PROHIBITED:
(A) Any person who is in possession of an open container of liquor within the
geographic limits of the City of Idaho Falls shall be guilty of a misdemeanor.
(B) Notwithstanding the foregoing, nothing herein shall prohibit the possession
of an open container of liquor:
...
(5) Within an area directly adjacent to a restaurant, at tables provided
for dining, between the hours of 10:00 a.m. and 11:00 p.m. local
time. “Restaurant” is defined as an eating establishment which
offers for sale food to the public. A restaurant must also have the
appropriate license to sell the type of alcohol they offer to the public,
including an approved site plan as part of its State alcohol permit.
If the adjacent area includes a public sidewalk, the size of the tables
and seating must allow sufficient room for public ingress and egress,
including being compliant with all ADA laws and regulations for
sidewalk use under Idaho Falls the City Code 8-8-9.. All
consumption of alcohol in this adjacent area must be done at the
table, and the customer cannot carry the alcohol away from the table.
.
...
SECTION 2. Title 4, Chapter 3 of the City Code of the City of Idaho Falls, Idaho, is hereby
amended as follows:
4-3-1: DEFINITIONS: Certain words and phrases used in this Chapter are defined as follows:
DIRECTOR: The director of the Idaho Department of Law Enforcement.
BEER: Any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley,
malt and/or other ingredients in drinkable water and which contains not more than four percent
(4%) alcohol by weight.
DISTRIBUTOR: A person who is employed by or is an agent of a retailer to sell, serve or dispense
beer.
LICENSE: A license issued by the City Council authorizing a licensee to sell beer at retail.
LICENSEE: A qualified person, including a retailer, to whom a license for the retail sale of beer
is issued under the provisions of this Chapter.
ORDINANCE – ALCOHOL BY THE DRINK LICENSING PAGE 6 OF 13
PREMISES: The building, room or place in which the retail sale of beer by a licensee is authorized
under this Chapter.
RETAILER: A person to whom a beer license has been issued.
...
4-3-4: APPLICATION FOR LICENSE:
(A) Each applicant for a license for the retail sale of beer shall file with the City
Clerk a written application that states the following:
(1) The name and residential address of the applicant.
(2) The street address of the premises where beer is to be sold.
(3) The name of the owner of the premises for which the license is
sought.
(4) That the applicant, if an individual, is at least nineteen (19) years
old.
(5) That the applicant has not been convicted of a felony or any crime
involving moral turpitude.
(6) The names and addresses of four (4) references as to the good moral
character of the applicant.
(7) That the applicant holds a current, valid license for the retail sale of
beer, issued by the County Commissioners of Bonneville County,
Idaho, and a current, valid license for the retail sale of beer issued
from the State pursuant to the provisions under the Idaho Code..
(8) That the applicant agrees to abide by the terms and conditions of this
Chapter, and any laws, ordinances, rules or regulations subsequently
promulgated by the State, Bonneville County or the City regarding
the retail sale of beer within the City.
(9) Any other information the Clerk requires to determine that the
applicant possesses the qualifications and has none of the
disqualifications for a license, as provided in this Chapter and in
Sections 23-1010 and 23-1016the, Idaho Code, as amended.
...
ORDINANCE – ALCOHOL BY THE DRINK LICENSING PAGE 7 OF 13
4-3-7: LOCATION RESTRICTIONS:
...
(B) No person shall sell or dispense beer for consumption on the premises at
any place within three hundred feet of any public school, church or other place of worship,
measured in a straight line between the nearest entrance to such place and the nearest property line
of such school, church or place of worship. Notwithstanding the foregoing, nothing herein shall
prohibit the sale or dispensing of beer for consumption on the premises at a public school, church
or other place of worship pursuant to a permit issued under Section 4-3-16 of this Chapter to an
applicant which owns or operates such school, church or place of worship.
(C) The provisions of subsections (A) and (B) above shall not apply to any
premises that met the qualifications of such subsection at the time the premises were first licensed,
but thereafter fail to meet such location restrictions because of the construction or commencement
of use of such public facility or place of worship subsequent to such first licensing.
(D) The City Council may for good cause grant a variance to the provisions of
Sections (A) or (B) above. Prior to granting such variance, the City Council shall hold a public
hearing after giving written notice to the owners or occupants of all properties located within
three hundred (300) feet of the exterior boundaries of the proposed licensed premises, measured
in the manner set forth above. Such notice shall be given at least fifteen days prior to the date of
the hearing. Notice shall be deemed to have been given upon its personal delivery to such owner
or occupant or upon its deposit in the United States mail, addressed to the owner at the address
last shown on the Bonneville County property tax rolls.. . ..
4-3-9: TRANSFER OF LICENSE; TRANSFER FEE: No license may be transferred to
another person who has not obtained approval of the City Council after making an application
containing the information required by Section 4-3-5 this Chapter for an initial application for a
license. If a transferee has all of the qualifications and none of the disqualifications for a license
to sell beer at retail, the City Council shall approve the transfer and the City Clerk shall re-issue
the license in the name of the transferee. The fee to transfer a license for the retail sale of beer
for consumption on or off the premises, and a license for the retail sale of bottled or canned beer
only for consumption off the premises shall be in an amount set from time to time by Resolution
of the Council. The license for the transferring license shall be surrendered to the City Clerk
before such transfer may be made.
...
4-3-18: EXPIRATION OF LICENSE:
Licenses issued under this Chapter shall expire at midnight on December 31September 30 of the
calendar year for which they are issued.
ORDINANCE – ALCOHOL BY THE DRINK LICENSING PAGE 8 OF 13
SECTION 3. Title 4, Chapter 4 of the City Code of the City of Idaho Falls, Idaho, is hereby
amended as follows:
4-4-1: DEFINITIONS: Certain words and phrases used in this Chapter are defined as
follows:
DIRECTOR: The director of the Idaho Department of Law Enforcement
DISTRIBUTOR: A person who is employed by or is an agent of, a retailer to sell, serve or dispense
wine.
LICENSEE: A qualified person, including a retailer, to whom a license for the retail sale of wine
is issued under the provisions of this Chapter.
PREMISES: The building, room or place in which the retail sale of wine by a retailer is authorized
under this Chapter.
RETAIL WINE LICENSE: A license issued by the Director authorizing a person to sell wine at
retail for consumption off the licensed premises. The term also means a license issued by the City
authorizing a person to sell wine at retail for consumption off the licensed premises only.
WINE: 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.
WINE-BY-THE-DRINK: A license to sell wine by the individual glass or open bottle at retail
for consumption on the premises.
...
4-4-4: APPLICATION FOR LICENSE:
(A) Each applicant for a retail wine license or wine-by-the drink license shall
submit a written application on a form furnished by the Clerkwith the City Clerk a written
application that states the following: , and they shall provide the same information required in
Idaho Falls City Code § 4-3-4.
(1) The name and residential address of the applicant.
(2) The street address of the premises where wine is to be sold.
(3) The name of the owner of the premises for which the license is
sought.
ORDINANCE – ALCOHOL BY THE DRINK LICENSING PAGE 9 OF 13
(4) That the applicant, if an individual, is at least nineteen (19) years
old.
(5) That the applicant has not been convicted of a felony or any crime
involving moral turpitude.
(6) The names and addresses of four (4) references as to the good moral
character of the applicant.
(7) That the applicant holds a current, valid license for the retail sale of
wine, issued by the County Commissioners of Bonneville County,
Idaho.
(8) That the applicant agrees to abide by the terms and conditions of this
Chapter, and any laws, ordinances, rules or regulations subsequently
promulgated by the State, Bonneville County or the City regarding
the retail sale of wine within the City.
(9) Any other information the Clerk requires to determine that the
applicant possesses the qualifications and has none of the
disqualifications for a license, as provided in this Chapter and in the
Idaho Code.
(B) On receipt of a written application conforming with subsection (A) of this
Section and payment of the license fee, the City Clerk shall immediately forward the application
to the Chief of Police for review, investigation and recommendation. If the Chief of Police
recommends denial of the license application, the Chief shall notify the applicant of the
recommendation and state the date, time and place of the next City Council meeting at which the
recommendation will be considered. The notice shall be in writing and shall be mailed to the
applicant at the address in the application no later than seven (7) days prior to the date of the City
Council meeting.
(C) At the date, time and place stated in the notice, the City Council shall
consider the application and hear testimony and evidence from any interested person. No license
application shall be denied unless the written notice required by subsection (B) of this Section has
been given and the applicant has been given an opportunity to testify and present evidence in
support of the issuance of the license. All applications for a retail wine license or any transfer or
renewal of a retail wine license shall be granted or denied within sixty (60) business days from the
date the application was delivered to the City Clerk.
(D) If the Council denies an application for a retail wine license, or any renewal
or transfer of a retail wine license, the Council shall specify in writing:
ORDINANCE – ALCOHOL BY THE DRINK LICENSING PAGE 10 OF 13
(1) The statutes, ordinances and standards used in evaluating the
application;
(2) The reasons for denial; and
(3) The actions, if any, the applicant could take to obtain the license,
transfer or renewal.
(E) The City Clerk shall keep a transcribable verbatim record of all proceedings
concerning applications for wine licenses, or their transfer, renewal or revocation, pursuant to the
provisions of this Chapter. If an application for a license, transfer or renewal is denied, or if a
license is revoked, the transcribable verbatim record shall be kept for a period of not less than six
(6) months after a final decision. Upon request and within the time provided for retention of the
record, persons may have the record transcribed at their expense.
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...
4-4-7: EXPIRATION AND TRANSFER OF LICENSE: Licenses issued under this
Chapter shall expire at midnight on December 31 September 30 of the calendar year for which
they are issued. The procedure for the transfer of a retail wine license or a wine-by-the-drink
license shall be the same as provided in Idaho Code Section 23-1317, as amended, upon
application to the City Clerk. The fee for transfer of a retail wine license or wine-by-the-drink
license shall be in an amount set from time to time by Resolution of the Council. The license of
the transferring licensee shall be surrendered to the City Clerk before such transfer may be made.
...
SECTION 4. Savings and Severability Clause. The provisions and parts of this Ordinance are
intended to be severable. If any section, sentence, clause, or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this Ordinance.
SECTION 5. Codification Clause. The City Clerk is instructed to immediately forward this
Ordinance to the codifier of the official municipal code for proper revision of the Code.
SECTION 6. Publication. This Ordinance, or a summary thereof in compliance with Idaho Code,
shall be published once in the official newspaper of the City, and shall take effect immediately
upon its passage, approval, and publication.
SECTION 7. Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication.
ORDINANCE – ALCOHOL BY THE DRINK LICENSING PAGE 11 OF 13
PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho,
this _____ day of February, 2019.
CITY OF IDAHO FALLS, IDAHO
____________________________________
REBECCA L. NOAH CASPER, MAYOR
ATTEST:
_____________________________________
KATHY HAMPTON, CITY CLERK
(SEAL)
STATE OF IDAHO )
) ss:
County of Bonneville )
I, KATHY HAMPTON, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO,
DO HEREBY CERTIFY:
That the above and foregoing is a full, true and correct copy of the Ordinance
entitled, “AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO,
AMENDING CHAPTERS TWO, THREE, AND FOUR OF TITLE FOUR OF
THE CITY CODE; TO REQUIRE APPLICANTS FOR RETAIL SALES OF
BEER, WINE, AND LIQUOR TO FIRST OBTAIN CURRENT, VALID
LICENSES FROM THE COUNTY AND STATE PRIOR TO APPLYING FOR A
CITY LICENSE, PROVIDING SEVERABILITY, CODIFICATION,
PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.”
_______________________________________
(SEAL) KATHY HAMPTON, CITY CLERK
ORDINANCE – ALCOHOL BY THE DRINK LICENSING PAGE 12 OF 13
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