HomeMy WebLinkAbout0663 Sale of Liquior on Election Days 2009CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 663
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
CHUBBUCK MUNICIPAL CODE SECTION 5.08.080 TO CONFORM IT TO THE
STATE LAW CHANGE IN 2008 THAT ALLOWS LIQUOR BY THE DRINK TO BE
SERVED ON THE DAYS OF A GENERAL OR PRIMARY ELECTION;
REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE
SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT
ALL OTHER SECTIONS OF CHAPTER 5.08 NOT AMENDED SHALL REMAIN IN
EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Intent. Idaho Code §21-927 was changed in 2008 so there is now no
prohibition on sales of liquor by the drink on election days. Chubbuck Municipal Code
5.08.080(A)(2) still contains the prohibition and is amended by this ordinance to bring it into
conformity with State law.
Section 2. Amended 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 the Idaho Code Section 23-927, it is unlawful for
any person to sell, or to offer for sale on any premises liquor by the drink as
follows:
+. Within the city limits between the hours of two o'clock (2:00) A.M. and
ten o'clock (10:00) A.M. on any day of the week, and on Memorial Day,
Thanksgiving Day and Christmas from two o'clock (2:00) A.M. until ten
o'clock (10:00) A.M. the following day.
B. It is unlawful for any licensee or his or its employed agents, servants, bartenders,
or other persons in any way acting on behalf of the licensee to permit or allow any
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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 two fifteen o'clock (2:15) 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 two fifteen o'clock (2:15) A.M., after having been required
or ordered to leave such licensed premises by the licensee or his or its employed
agents, servants or bartenders.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City and any provision of the Municipal Code which are in conflict with the provisions of this
Ordinance are repealed to the extent of such conflict. All other sections of Chapter 5.08 not
herein amended shall remain in effect.
Section 2. Severability. The sections of this ordinance are severable. The invalidity of a
section shall not affect the validity of the remaining sections.
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 dispensed with, and this Ordinance shall become
effective upon its passage, approval and publication.
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PASSED BY THE COT TNCIL AND APPR nVRD BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this 27TH day of - - JA-NUARY 52009.
AevenM.
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England,d
ATTEST:
Ron Conlin, City Clerk
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i"t
SUMMARY OF ORDINANCE NO. 663
An ordinance of the City of Chubbuck, a municipal corporation of the State of Idaho,
amending Chubbuck Municipal Code Section 5.08.080 to conform it to the State law change in
2008 that allows liquor by the drink to be served on the days of a general or primary election;
repealing prior conflicting ordinances; providing for the severability of the provisions of this
ordinance; providing that all other sections of Chapter 5.08 not amended shall remain in effect;
and providing that this ordinance shall be in effect after its passage, approval and publication.
The full text of this ordinance is available at the City Clerk's Office, Chubbuck City
Offices, 5160 Yellowstone, Chubbuck, ID 83202.
I have reviewed the foregoing summary and believe it provides a true and correct
summary of Ordinance No. 663 and that the summary provides adequate notice to the public of
the contents of this ordinance.
DATED this day of
SUMMARY OF ORDINANCE NO. _- Page 1
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