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0663 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 Ordinance - Page 1 chubbuck 112608.ordinance5.08.080.wpd n 10\ 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. Ordinance - Page 2 ch ubb u ck 112608.ordina n ce5.08.080.wpd 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. r England,d ATTEST: Ron Conlin, City Clerk Ordinance - Page 3 chubbuck112608.ordinance5.08.080.wpd 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 ch u b bu ck012809.su mmaryord663.wpd