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0469 Hours for Liquor Sales 1997CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 469 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTIONS 5.16.090; 5.12.090 AND 5.08.080 TO EXTEND THE HOURS FOR BEER, WINE AND LIQUOR BY THE DRINK SALES TO 2:00 A.M.; TO ALLOW BEER AND WINE SALES AN HOUR EARLIER OR AT 6:00 A.M.; TO PROVIDE PREMISES OFFERING BEER, WINE AND LIQUOR SALES SHALL BE VACATED BY 2:15 A.M. AND PROVIDING AN EFFECTIVE DATE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONTS OF CHAPTERS 5.08; 5.12; AND 5.16 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. Amend Section 5.08.080. Section 5.08.080 of the Chubbuck Municipal Code is amended as follows: 5.08.080 Hours of Sale.* A. Except as otherwise provided in Idaho Code § 23-927, it is unlawful for any person to sell, or to offer for sale on any premises liquor by the drink as follows: 1. Within the city limits between the hours of one two a.m. and ten a.m. on any day of the week, and on Memorial Day, Thanksgiving Day and Christmas from one two a.m. until ten a.m. the following day. 2. On any day of a general or primary election until after the time the polls are closed; provided, however, that there shall be no such prohibition during city - only elections. B. It is unlawful for any licensee or his or its employed agents, servants, bartenders, or other persons in any way acting in behalf of the licensee to permit or allow any patrons or other persons, other than police officers, persons authorized by law, or bona fide employees of the licensee engaged in the lawful performance of their duties, to be admitted to or to remain present in or upon the licensed premises or to consume any liquor, beer, or wine in or upon the licensed premises after the hour of one two fifteen a.m. C. It is unlawful for any person, except a police officer or other person authorized by law, to remain present in and upon any premises licensed to sell liquor by the drink after the hour of one two fifteen a.m., after having been required or ordered to leave such Ordinance - Page 1 dsc chbbck04.305 licensed premises by the licensee or his or its employed agents, servants or bartenders. Section 2. Amend Section 5.12.090. Section 5.12.090 of the Chubbuck Municipal Code is amended as follows: 5.12.090 Hours for Sales.* It shall be unlawful for any person who has received a license pursuant to this chapter to sell, offer for sale, lend, dispose of by gift or otherwise, any beer as defined herein, between the hours of ene two a.m. and seveH six a.m. Patrons shall not be admitted to or remain upon the premises of an on-site beer retailer past ene two fifteen a.m. Section 3. Amend Section 5.16.090. Section 5.16.090 of the Chubbuck Municipal Code is amended as follows: 5.16.090 Hours of Sale.* It shall be unlawful for any person to sell or offer wine for sale at retail or wine by the drink on any premises located within the city limits within Bannock County between the hours of ene two a.m. and seven six a.m. Patrons shall not be admitted to or remain on the premises of a wine -by -the -drink licensee past one two fifteen a.m. Section 4. Effective Date. These changes in hours shall go into effect at 12:01 a.m. on June 27, 1997; provided Bannock County adopts an ordinance, effective on or before that date, which make the necessary changes required by state law for this ordinance to be effective. 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 provisions of Chapters 5.08, 5.12 and 5.16, 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 Ordinance . Page 2 dsc chbbckO4.305 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; provided, however, the effective date of the change in hours for beer, wine and liquor by the drink sales shall be as set forth in Section 4 above. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 10th day of JUNE , 1997. ATTEST: oun k4i CITY CLERK Ordinance - Page 3 dsc chbbck04.305