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0005 Liquor License 1951N ORDINANCE NO._ . AN ORDINANCE MAKING IT LAWFUL TO SELL WITHIN THE VILLAGE LIMITS OF THE VILLAGE OF CHUBBUCK, BANNOCK COUNTY, IDAHO, LIQUOR BY THE DRINK AS PROVIDED IN THIS ORDINANCE AND UNDER THE PROVISIONS OF CHAPTER 9 OF TITLE 23, IDAHO CODE; PROVIDING FOR THE ISSUANCE OF LICENSE THEREFOR; PROVIDING A FORM OF APPLICATION FOR SUCH LICENSES AND THE LICENSE FEES REQUIRED; PROVIDING FOR TRANSFER OF LICENSES AND REVOCATION AND CANCELLATION OF LICENSES; PROVIDING PENALTIES FOR THE VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR THE ADOPTION OF THE STATE LAMP APPLICABLE TO THE RETAIL SALE OF LIQUOR BY THE DRINK IN IDAHO; PROHIBITING GAMBLING ON PREMISES; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE AND FOR THE TIME OF TAKING EFFECT OF THIS ORDINANCE. BE IT ORDAINED BI THE CHAIRMAN AND BOARD OF TRUSTEES OF THE VILLAGE OF CHUBBUCK, BANNOCK COUNTY, STATE OF IDAHO: SECTIONl. LICENSE REQUIRED: It will be lawful to sell within the Village of Chubbuck, liquor by the drink as provided in Chapter 9 of Title 23, Idaho Code; pro- viding a license shall first be obtained from the Village of Chubbuck, as provided in this Ordinance, and the rules and regulations and provisions concerning the licensing and operation of place of business of the same, as provided in this Ordinance, and as provided by Chapter 9 of Title 23, Idaho Code, SECTION 2. APPLICATION FORM: Before any such establishment for sale of liquor by the drink is permitted to operate, an application must be made for such license and filed with the Village Clerk of the Village of Chubbuck on application form provided by the Village. Such application will provide for the name of ap- plicant, location of the proposed business, and at the time application is made, the applicant will also present a copy of the application for a State license, as well as license issued by the State, for sale of liquor by the drink at retail, and no village license will be issued without first obtaining a license issued by the State of Idaho. All applications shall be by the Clerk referred to the Village Marshall of the Village of Chubbuck, and he will endorse thereon his approval or disapproval thereof, before the same is presented to the Board of Trustees for final approval. The Village Clerk will receive license fees hereinafter provided, at the time of filing of the application, and upon approval of the application by the Board of Trustees, license will be mailed to the operator, i .3 '1 SECTION 3, LICENSE FEES: The license fees required for establishments handling liquor by the drink shall be in the sum of $300.00 per calendar year, or portion thereof, payable in advance* SECTION 6 TRANSFER OF LICENSE: Such license shall be issued only upon the payment of the fee hereinafter specified. Such license shall not be trans- ferable., and if the licensee named therein shall cease to personally supervice, conduct and operate the said business in said license mentioned, said license shall thereby terminate and no fee paid, or any part thereof, for such license, shall be refunded, even though the licensee may fail to operate for the period named therein, or for any portion of that period. SECTION 5. REVOCATION AND CANCELLATION: If any licensee, or employee, of a liquor by the drink establishment, violates any of the provisions of this Ordinance, or is convicted of violating any of the provisions of said Chapter 9 of Title 23, Idaho Code, the Chairman and Board of Trustees of the Village of Chubbuck are hereby authorized to, and empowered to revoke license issued to said licensee; providing, however, that in the event it is brought to the atten- tion of the Chairman and Board of Trustees that such violation or violations have taken place, before revoking such license, the Chairman and Board of Trustees shall cause notice to be served upon such licensee, setting forth in general terms the violations claimed to exist; and such notice shall provide a time for hearing thereon by the Chairman and Board of Trustees,; date of hearing shall not be less than ten days or more than twenty days from the date of service of said notice, and upon or following said hearing, the Chairman and Board of Trustees, upon advising that the provisions of this Ordinance, or the provisions of the said Chapter 9 of Title 23, Idaho Code, have been violated by such licensee, shall re- voke such license and no refund or any unused portion of the license fee shall be made to the licensee. SECTION 6.- PENALTY: (a) Any personaviolating any provisions of this Or- dinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not to exceed $100.00, and upon failure to pay the fine, shall be committed to the costody of the Village Marshall., and confined in the Village Jail at the rate of $1.50 per day until such fine is paid. (b) Any revocation by the Commissioner of Law Enforcement of the State license shall be automatic revocation of the Village license. - 2 - SECTION 7. ADOPTION OF THE STATE LAW: All provisions of Chapter 9, Title 23, Idaho Code, are adopted as a part of this Ordinance insofar as they are ap- plicable. SECTION 8, PLACE OF DISPOSITION OF LIQUOR: It shall be unlawful for any licensee to sell, give away, dispense, vend, or deliver any liquor in any fashion, or by means of device, except upon the licensed premises. SECTION 9. GUBLING PROHIBITED: It shall be unlawful for any licensee to permit, conduct, play, carry on, open or cause to be opened, any gaming in or upon the licensed premises or in or upon any premises directly connected by a door, hallway, or other means of access from the licensed premises; provided, however, that the Village of Chubbuck may authorize any form of gaming upon the premises, or premises adjacent thereto, permitted by and licensed under the laws of the State of Idaho. SECTION 10, CONSTITUTIONALITY: Any provisions of ordinances found to be unconstitutional will not affect the constitutionality of any other part of the Act. This Ordinance shall be in full force and effect upon its passage, approval and publication in one issue of the Idaho State Journal, a newspaper of general circulation, published at Pocatello, Bannock County, Idaho. ejqA PASSED THIS`' DAY OF MAY, 1951. APPROVED THIS _I ZZ.- DAY OF MAY, 1951. ATTEST: (SEAL) VILLAGE CLERK. C rhe of t Board of T ees of IL LAGE OF CHUBBUCK. — 3 — ORDINANCE NO.~o AN ORDINANCE ~MAKING IT LAWFUL TO SELL WITHIN T~[~ VILLAGE LIMITS OF THE VILLAGE OF CHUBBUCK, BANNOCK COUNTY, IDAHO, LIQUOR BY THE DRINK AS PROVIDED IN THIS ORDINANCE A~qD UNDER THE PROVISIONS OF CHAPTER 9 OF TITLE 23, IDAHO CODE; PROVIDING FOR THE ISSUANCE OF LICENSE THEREFOR; PROVIDING A FORM OF APPLICATION FOR SUCH LICenSES AND THE LICENSE FEES REQUIRED; PROVIDING FOR TRANSFER OF LICENSES AND REVOCATION AND CANCE!.~TION OF LICenSES; PROVIDING PENALTIES FOR THE VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR THE ADOPTION OF THE STATE LAY[ APPLICABLE TO TKE RETAIL SALE OF LIQUOR BY THE DRINK IN IDAHO; PROHIBITING GANGLING ON PRFJfISES; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE AND FOR THE TIME OF TAKING EFFECT OF THIS ORDINANCE. BE IT ORDAINED BY THE CHAIRMAN AND BOARD OF TRUSTEES OF THE VILLAGE OF CHUBBUCK, BANNOCK COUNTY, STATE OF IDAHO: SECTION1, LICENSE REQUIRED: It will be lawful to sell within the Village of Chubbuck~ liquor by the drink as provided in Chapter 9 of Title 23, Idaho Code; pro- riding a license shall first be obtained from the Village of Chubbuck, as provided in this Ordinance, and the rl~les and regulations and provisions concerning the licensing and operation of place of business of the same, as provided in this Ordinance, and as provided by Chapter 9 of Title 23, Idaho Code. SECTION 2. APPLICATION FORM: Before any such establishment for sale of liquor by the drink is permitted to operate, an application must be made for such license and filed with the Village Clerk of the Village of Chubbuck on application form provided by the Village. Such application will provide for the name of ap- plicant~ location of the proposed business, and at the time application is made, the applicant will also present a copy of the application for a State license, as well as license issued by the State, for sale of liquor by the drink at retail, and no village license will be issued without first obtaining a license issued by the State of Idaho. Ail applications shall be by the Clerk referred to the Village ~arshall of the Village of Chubbuck, and he ~ill endorse thereon his approval or disapproval thereof, before the same is presented to the Board of Trustees for final approval. The Village Clerk will receive license fees hereinafter provided, at the time of filing of the application, and upon approval of the application by the Board of Trustees, license will be mailed to the operator. SECTION 3. LICENSE FEES: The license fees required for establishments handling liquor by the drink shall be in the sum of $300°00 per calendar year, or portion thereof, payable in advance. SECTION h. TRANSFER OF LICENSE: Such license shall be issued only upon the payment of the fee hereinafter specified. Such license shall not be trans- ferable, and if the licensee named therein shall cease to personally supervice, conduct and operate the said business in said license mentioned, said license shall thereby terminate and no fee paid, or any part thereof, for such license, shall be refunded~ even though the licensee may fail to operate for the period named therein, or for any portion of that period. SECTION 5. REVOCATION AND CANCELIATION: If any licensee, or emp].oyee, of a liquor by the drink establishment, violates any of the provisions of this Ordinance, or is convicted of violating any of the provisions of said Chapter 9 of Title 23~ Idaho Code~ the Chairman and Board of Trustees of the Village of Chubbuck are hereby authorized to, and empowered to revoke license issued to said licensee; providing, however, that in the event it is brought to the atten- tion of the Chairman and Board of Trustees that such violation or violations have taken place, before revoking such license, the Chairman and Board of Trustees shall cause notice to be served upon such licensee, setting forth in general terms the violations claimed to exist; and such notice shall provide a time for }taring thereon by the Chairman and Board of Trustees,; date of hearing shall not be le ss than ten days or more than twenty days from the date of service of said notice, and upon or following said hea. ring~ the Chairman and Board of Tra~stees, upon advising that the provisions of this Ordinance, or the provisions of the said Chapter 9 of Title 23, Idaho Code, have been violated by such licensee, shall re- voke such license and no refund or' any unused portion of the license fee shall be made to the licensee. SECTION 6. PENALTY: (a) Any person~violating any provisions of this Or- dinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not to exceed $100.00, and upon failure to pay the fine, shall be committed to the costody of the Village Marshall, and confined in the Village Jail at the rate of $1.50 per day until such fine is paid. (b) Any revocation by the Commissioner of Law Enforcement of the State license shall be automatic revocation of the Village license. SECTION 7. ADOPTION OF THE STATE LAW: All provisions of Chapter 9, Title 23~ Idaho Code, are adopted as a part of this Ordinance insofar as they are ap- plicable. SECTION 8. PLACE OF DISPOSITION OF LIQUOR: It shall be unlawful for any licensee to sell~ give away, dispense, vend~ or deliver any liquor in any fashion, or by means of device, except upon the licensed premises. SECTION 9. GAI~LING PROHIBITED: It shall be unlawful for any licensee to permit, conduct, play, carry on~ open or cause to be opened, any gaming in or upon the licensed premises or in or upon any premises directly connected by a door, hallway, or other means of access from the licensed premises; provided, however, that the Village of Chubbuck may authorize any form of gaming upon the premises, or premises adjacent thereto, permitted by and licensed under the laws of the State of Idaho. SECTION 10. CONSTITUTIONALITY: Any previsions of ordinances found to be unconstitutional will not affect the constitutionality of any other part of the Act. This Ordinance shall be in full force and effect upon its passaEe~ approval and publication in one issue of the Idaho State Jonrnal, a newspaper of general circulation~ published at Pocatello, Baqnock Cotmty, Idaho. PASSED THIS ? DAY OF ~AY., 19~!. APPROVED THIS ~ DAY OF ~KY~ 1951. CHAIP~,~N of tl~e Bo~a-d of Trustees of the VILI_3.GE OF CHUBBUCK. ATTEST: VI LI.~,GE CLERK.