Title 03 Business and License Regulations Amd 02-14-2005
TITLE 3
BUSINESS & LICENSE REGULATION
Subject Chapter
General Licensing Provisions ………………………...………......1
Contractors …………………………………………….……………2
Alcoholic Beverages …………….…………………………………3
CHAPTER 1
GENERAL LICENSING REGULATIONS
The Teton County Board of County Commissioners,
on August 13, 2001, voted in a public meeting to SUSPEND Chapter 1,
General Licensing Regulations, until March 2002
to allow time to put administrative procedures in place.
See BOCC Minutes of 06-25-2001 & 08-13-2001
3-3-1 3-3-2
CHAPTER 3
ALCHOLOIC BEVERAGES
SECTION:
3-3-1: Purpose
3-3-2: Definitions
3-3-3: Distribution
3-3-4: License Application
3-3-5: License Approval
3-3-6: State Requirement
3-3-7: License Posting
3-3-8: Residency Requirement
3-3-9: Denial &/or Revocation
3-3-10: Inspection
3-3-11: Age Requirement
3-3-12: Hours of Operation
3-3-13: Penalties
3-3-14: Amendment
Pursuant to the county's authority, and pursuant to I.C. § 23-1304, the Board of
Commissioners of Teton County hereby permit the sale of table wine and/or dessert
wine within the boundaries of Teton County by any person or business legally and fully
licensed in accordance with I.C. § 23-1306 and I.C. § 23-1307; and hereby further
incorporate and update the licensing requirements as they relate to beer, wine-by-the-
drink, and liquor-by-the drink;
Section 3-3-1 PURPOSE
The purpose of this ordinance is to permit and regulate the sell of beer, wine-by-the-
drink, table wine, dessert wine, and liquor-by-the-drink at the county level in accordance
with all state authority intended for the regulation of such commerce. It shall not be
construed to alter or amend what is permitted under the laws of the State of Idaho.
Section 3-3-2 DEFINITIONS
As used in this ordinance, the words "person", "beer", "wine", "wine-by-the-drink", "table
or dessert wine", "liquor" and other words used in connection with the subject matter of
this ordinance shall have the same meaning as are given such words in the laws of
Idaho relating to laws of this state; and the words "commissioners", "commission", and
"county commissioners" as used herein shall mean the Teton County Commissioners.
Alcoholic Beverages Chapter 3 Amended 20050214 Page 1of 4
3-3-3 3-3-7
Section 3-3-3 DISTRIBUTION
It shall be unlawful for any person as a retailer to sell, deliver, distribute or otherwise
furnish, or offer for sale, or keep or have in his possession for sale, deliver or otherwise
disposition, any beer, wine, or liquor-by-the-drink within the boundaries of the county,
except for his own consumption of his family or guests, without first paying an annual
license fee to the county and obtaining a license as herein provided for. A separate
license and corresponding fee is required for a beer license, wine-by-the-drink license,
table/dessert wine license, and liquor-by-the-drink license.
Section 3-3-4 LICENSE APPLICATION
Any person desiring to engage in the business of sale, barter, trade, or deliver of beer,
wine, or liquor-by-the-drink as a retailer, within the boundaries of Teton County, shall
before doing so, make application to the County Commissioners for a license and pay a
license fee herein provided to be paid. Such application shall be in writing and shall state
the name of the applicant, the business in which he is engaged, whether an individual,
firm, co-partnership, or corporation, or other association of persons, the street number or
brief description and location of the place where such is to be sold or kept for sale by
such applicant.
Section 3-3-5 LICENSE APPROVAL
No license shall be issued to any applicant to engage in the sale of beer, wine, or liquor-
by-the-drink as a retailer within the County unless such applicant shall have been
approved by the commission, and an Order entered by the Commission directing the
issuance of such license; and the Commission may refuse to grant a license to any
person who, in their judgment, may not be a fit and proper person to conduct business of
selling beer, wine, or liquor-by-the-drink at retail in Teton County, or if the place where
the Applicant proposes to carry on such business is not a suitable or orderly place.
Section 3-3-6 STATE REQUIREMENT
No license shall be issued to any person to engage in business in Teton County as a
retailer of beer, wine, or liquor-by-the-drink unless such person shall have first obtained
a state license from the State of Idaho, as provided by the laws of the State of Idaho.
Section 3-3-7 LICENSE POSTING
Every license issued pursuant to the provisions of this ordinance shall be kept posted at
all times at the place of business of the licensee named therein.
Alcoholic Beverages Chapter 3 Amended 20050214 Page 2of 4
3-3-8 3-3-13
Section 3-3-8 RESIDENCY REQIUREMENT
No license to sell beer, wine, or liquor-by-the-drink at retail within the county shall be
issued to any person who is not an actual or bonafide resident of Teton County, and no
license shall be issued to any corporation, to sell beer, wine, or liquor-by-the-drink within
the boundaries of Teton County which does not have a regularly established place of
business in Teton County.
Section 3-3-9 DENIAL &/or REVOCATION
Teton County reserves the right and power to deny, for cause, any application for a
license to sell beer, wine, or liquor-by-the-drink at retail within the county and the power
to revoke any license issued under the provisions of this ordinance, if the holder of such
license shall be convicted of a violation of any of the provisions of this ordinance, or of
any law of the State of Idaho relating to the retail sale of such beverages.
Section 3-3-10 INSPECTION
Every place where beer, wine, or liquor-by-the-drink is sold within Teton County
shall be open at all times to inspection by the police and/or Sheriff, or any officers
of the State of Idaho or of the United States.
Section 3-3-11 AGE REQUIREMENT
No person under the age of nineteen years shall be employed in the selling or
dispensing of beer, wine, or liquor-by-the-drink within Teton County and none
shall be sold, dispensed or delivered to any person under the age of twenty-one
years within said county.
Section 3-3-12 HOURS of OPERATION
All places where beer, wine, or any liquor is sold at retail shall be closed, each
day at one o'clock a.m. and kept closed until six o'clock in the morning of that
day; and it shall be unlawful for any person to sell, or dispense, or deliver any
beer, wine, or liquor on any day between the hour of one 0' clock a.m., and six
o'clock in the morning of that day. Furthermore, the sale of these beverages shall
be permitted on Sundays, Thanksgiving, and Memorial day as an election under
Idaho law.
Section 3-3-13 PENALTIES
Any violations of the provisions of this ordinance shall be a misdemeanor.
Alcoholic Beverages Chapter 3 Amended 20050214 Page 3of 4
Alcoholic Beverages Chapter 3 Amended 20050214 Page 4of 4
3-3-14 3-3-14
Section 3-3-14 AMENDMENT
This ordinance is intended to replace Chapter 3 entitled Alcoholic Beverages, of
the County Code of Teton County in its entirety, by its addition of table and
dessert wine to the list of permitted and licensed uses, and due to the
incorporation and updating of the existing licensing requirements relating to beer,
wine-by-the-drink, and liquor-by-the-drink, and by passage hereby does so
amend said County Code.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF TETON COUNTY, that: This ordinance shall be in full force and
effect on I March 2005.
ALCHOHOLIC BEVERAGE ORDINANCE
OF TETON COUNTY, IDAHO
EFFECTIVE: August 13, 2001
AMENDED: February 14, 2005
Ordinance No. 0214205: AN ORDINANCE INTENDED TO REPLACE CHAPTER 3-3
OF THE COUNTY CODE OF TETON COUNTY BY THE ADOPTION OF THE
FOLLOWING; BY SPECIFICALLY PROVIDING FOR THE SALE OF TABLE WINE
AND/OR DESSERT WINE WITHIN THE BOUNDARIES OF TETON COUNTY, WHILE
AT THE SAME TIME UPDATING AND INCORPORATING THE EXISTING
ORDINANCE AS IT RELATES TO BEER, WINE –BY THE DRINK, AND LIQUOR BY
THE DRINK, REQUIRING THE LICENSING OF RETAILERS OF BEER, WINE, AND
LIQUOR WITHIN TETON COUNTY, AND PRESCRIBING REQUIREMENTS FOR
SUCH LICENSING.
Approved this 14th day of February, 2005 by the Teton County Board of County
Commissioners.
Mark Trupp, Chairman