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0678 Hours for Liquor Sales 2009CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 678 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 9.08.190 OF THE CHUBBUCK MUNICIPAL CODE TO CONFORM THE CLOSING HOURS AN ESTABLISHMENT SERVING ALCOHOLIC BEVERAGES CAN HAVE TO CONFORM WITH OTHER PROVISIONS OF THE CHUBBUCK MUNICIPAL CODE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 9.08 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 allows a city to extend the hours an establishment serving alcoholic beverages can be open to 2:00 a.m. which the City has done. The hours an establishment must be closed are as follows: Liquor by the Drink - 2:00 a.m. to 10:00 a.m. - Ordinance 663 Beer - 2:00 a.m. to 6:00 a.m. - Municipal Code 5.12.090 Wine - 2:00 a.m. to 6:00 a.m. - Municipal Code 5.16.090. The provisions of 9.08.190 which established how long people can remain on a premises after hours has not been changed since 1990 and does not conform to these hours. This ordinance change is made to bring those hours into conformity. Section 2. Section 9.08.190 is amended as follows 9.08.190: SALES OF ALCOHOLIC BEVERAGES AFTER CLOSING: It shall be unlawful for any licensee licensed to sell liquor by the drink, wine by the drink or beer upon the premises 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 license premises or to consume any liquor, beer or wine in or upon the licenses premised after the hour of om two fifteen o'clock (+ 2:15) A.M.., prevailing city time and until seven six o'clock (7 6:00) A.M., prevailing city time. It shall be unlawful for any unlawful for any person, except a police officer or other person authorized by law, to remain present in or upon any premises licensed to sell liquor by the drink, wine by the drink or beer after the hour of om two fifteen o'clock (+ 2:15) A.M.., prevailing city time until seder six o'clock (7 6:00) A.M.., prevailing city Time, after having been required or ordered to leave such licensed premises by the licensee or his or its employed agents, servants or bartenders. (Orel. 329§8,i990) Ordinance - Page 1 chubbuck09O3O9 9 08 190amend.wpd 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 9.08 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. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 29th day of September, 2009. ATTEST: Ron Conlin, City Clerk Ordinance - Page 2 chubbuck090309 9 08 190amend.wpd n SUMMARY OF ORDINANCE NO. 678 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, amending Section 9.08.190 of the Chubbuck Municipal Code to conform the closing hours an establishment serving alcoholic beverages can have to conform with other provisions of the Chubbuck Municipal Code; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapter 9.08 not amended shall remain in full force and effect; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. 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. 678 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this S day of i '2009. Thomas . ohnes, City Attorney SUMMARY OF ORDINANCE - Pape t chubbuck100509.eummary 678.wpd