HomeMy WebLinkAbout0312 Liquor Regulations 1989CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 312
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
SECTION 9.08.130 CHUBBUCK CODE TO MAKE THE POSSESSION OF AN
OPEN OR UNSEALED CONTAINER OF BEER, WINE OR INTOXICATING
LIQUOR UNLAWFUL WHILE TRAVELING ON A ROAD OR BEING IN A
PUBLIC PLACE, REPEALING PRIOR CONFLICTING ORDINANCES;
PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS
ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS
OF CHAPTER 9 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE
AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME
EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Section 9.08.130 of the Chubbuck Code is amended
to read as follows:
9.08.130 Consumption of beer, wine and intoxicating liquor
in public places. It is unlawful and punishable as a misdemeanor
for any person to consume beer, wine or intoxicating liquor or
possess an open or unsealed container containing beer, wine or
intoxicating liquor while traveling upon any street, highway,
vehicular way, pedestrian way or other thoroughfare open to the
public or while being in any park, building or other place open
to the public unless the sale or serving of such beverages is
allowed by law at such location; provided, however, that the city
council may by resolutions authorize the chief of police to
designate and post certain areas of public parks within the city
where such beverages may be consumed. As used herein, a building
in which beverages are allowed by law shall be confined to the
interior of the building. Possession of an open container on the
exterior premises shall be construed as a "other place open to
the public" where such beverages are not allowed by law.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The
provisions of any Ordinance of the City of Chubbuck, Idaho, and
any provision of the Chubbuck Municipal Code which are in
conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict. All other sections and
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provisions of Chapter 9 not herein amended shall remain in full
force and effect.
Section 2. Severability. If any provision of this
ordinance is held invalid, for any reason, by any court of
competent jurisdiction, such holding shall not affect the
validity or enforceability of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance
to be read on three separate days, one of which shall be a
reading in full, is hereby dispensed with, and this Ordinance
shall become effective upon its passage, approval and publication
as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this 24th day of January, 1989.
ATTEST:
CITY CLERK
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