HomeMy WebLinkAbout05 10 1951 Ord. 5VILLAGE OF CHUBBUCK
n R n T N A N C E. NO -5
L . ORDINANCE NO. 5
AN ORDINANCE MAKING I't UN -1 SECTION -5. V VOC'AT1t i ,? AN
LAVi'FUL TO SELL WTTITTN 'FITE I C AN'C''ELLATION: If an)� lirr a,."._
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VILLAGE LIiviITS OF THE VILI;AC.E�''t.i3o:.Ius-c. °I• a liquor by the irk,
Or CHUBBUCK, BANNOCK COi'N';est.al?Jkluneilt. violates any of the pro -
TY, ilDAHO, LIQUOR BY THE DRINK visions of this Ordinance, or is .ou-
AS PROVIDED IN THIS ORDINANCE I vicied of violating any of the pro -
AND UNDER THE PROVISIONS OE' vision, of said Chapter 9 of Title 23,
CHAPTER 9 OF TITLE 23, IDAIi"' jdaito Code, the Chairman and Board
CODE; PROVIDING FOR THE 7g-i,;of Trustees of the Village of ChUh-
SUANCE OF LICENSE THEREFOR•' buck ,re hereby authorized to, uod
PRQVIDING A FORM OF APPLI-. to gai'l lie rs revoke license issued
CATION FOR SUCH LICENSES AND to said licensee; providing, however, the
THE LICENSE FEES REQUIRED; { ghat in the event it is brought to the
PROVIDING FOR TRANSFER OF Ll tttontina of the Chairman and Eoa�rd
CENSES AND REVOCATION AND' { of Trustees that such violation or. vin -
CANCELLATION OF LICENSES; ' lati ms have taken place, before re -
PROVIDING PENALTIES FOR THE I ? voklNg such license, the Chairman
VIth'r.ATIONS OF THE PROVISIONS, fond 'fioard of Trustees shall cause
OF THIS ORDINANCE; PROVIDING nose s be forth
upon such li-.
FOR THE ADOPTION OF THE} � tllc_ c, setting forth 9n general ;terms'
STATE LAW APPLICABLE TO THF IsUch�noticenshallaprovide a titimed to he`?fm
RETAIL SALE OF LIQUOR BY THE I heating thereon by the Chairman and:
DRINK IN IDAHO; PROHIBITING, 'Bail of Trustees; date of hearing'
GA!VIBLING ON PREMISES; PPO shali not be less than ten days nr,
'VIDING FOR THE 'PUBLICATIONI more than twenty days from the date
OF THIS ORDINANCE AND FOR THE :of service of said notice, and iifc•tn
TIME OF TAKING EFFECT OF THISI or following said hearing, the Chair -;
'ORDINANCE. I '
man and Board of Trustees, uuan ad-,
BE IT ORDAINED BY THE CHAIR- vising that the arovisio� ,t,..•
f.
,VfAN AND BOARD OF TRUSTEES dinance, or the provisions Of the
OF THE VILLAGF6 OF CHUBBUCN, said Chapter 9 of Tit?e
BANNOCK COUNTY, STATE OF Code, have been violated by such it -
IDAHO: senses, shall revoke such 1 ,
SECTION 1• LICENSE"REQUIRED; no refund or any unused portion of
It dill be lawful to sell within the the license fee shall be made io
Village of Chubbuck, liquor by the the licensee.
?drink as provided in Chapter 9 of SECTION 6. PENALTY: (a) Any
Title 'l3, Idaho Code; providing a of petsun violating any provisions of
cense shall first be obtained from tits tiff's Ordinance shall be guilt` of a
Village of Chubbuck, as provided ln. Imisdemeanor, and upon conviction
this Ordinance, and the rules and[ thereat, shall be fined not to cceOed
4e9ulations and provisions concerning '00.00, and upon failure to pay 'the
the licensing and operation of place fine, shall be committed to the us -
of business of the same, as provide6l �'tody' of the Village iti7ar.ltal, Wird Con -
in this Ordina`tce, and as provided tined fu the Village Jail at toe Tate
by Chapter 9 of Title• 23, Idaho Code.'i o, $1.50 per day until sue ttneN eis,
SECTION 2. APPLICATION FORM: � i' �. Any revocation l �fi � hm-�
Before any such establishment for . jnissioner of Lay' EnfargB',;lit_ of the
sale of liquor by the drink is per- r tiiit:t n t Villa E lice s h Pro
mitted to operate, au application must' 4q g' •
�.be made for such license and filed' SECTI 1 7' ADOPTION OF?A
with the Village Clerk of the Villa e' h' TATE LAW: All provisions of Chap_
of Chubbuck on application form g ter 9, art of Idaho Code, are adopted
pp _ora. as a part of ppli Ordinance insofar
vided by the Village. Such applica- as they are applicable. I
tion Will .provide for the name of I SECTION 8, PLACE OF DISPOSI-
applicant, location of the proposod TION OF LIQUOR: It shall he uit-
"bRs ess, and at the time application' lawful for any licensee to sell, dive'
ten'de, the applicant will also PI'e-� aaav, dispense, vena, or 6eliccr an
sent a copy of the application for a rNquor in any fashion, or by means
�bjState iiceuse, as well as license issue¢ cif device, . excepE upon the licensed
the State, for sale of liquor by pj-eases,
the drink at retail, and no village STION 9. GAMBLING PROI-lin-
liceuse will be issued without first 1TED: It shall be unlawful t'nr any
Obtaining a license issued by they licensee to permit, conduct, play, car-
State of Idaho. r r ort, open or cause u , opened,
All applications shall be by the 'ally g:uning in or upon the licensed.
1.Clerk referred to the Village Mar- Prefnises or in or upon, any premises
she.•&Of the Village of Chubbuck, and, dbectl� connected by a door, hallwav,'
thill endorse thereon his approval' 01'Otltcr means of access frons the
or disapproval thereof, before the, ,licensed premises; provided, hnlvever,
same is presented to the Board of�'that the Village of Cliubbucl; may
Trusl.ces for final approval. The Vill- 'authorize any form of gamin upon,
age Clerk will receive license lees] the premises, or premises adjacent,
hereinafter provided, at the time ofi Thereto, permitted by and licenscd�
filing of the application, and upon udder Tile laws of the State of Idaho,
aporow of the appilcatiou be the I f SECTlQN 10. CONS TITUTIONALI_'
Boars] of Trustees, license will be, l`Y: Afty provisions of ardinanaes,
mailed to the operator. found to be unemstitutional tivilL Watt
ISECTION 3. LICENSE FEES: 'i'he' affect the constitutionality of any oth
licensc fees required for estahlia:h-� et• part °f. the Act.
ntent_s handling liquor by the drink- This Ordinance shall be in full force
shall he in the sum of po0.00 Tier; and etfcct upon its passage, aphrovai
calendar year, or portion thereof, poly- and publication in one issue of the
able iuadvance, Idaho State Journal, a newspaper of
SECTION 4. TRANSFRR OF 1,I general circulation, published Lit PO_
CENSE: Such license S11511 be i9s1red catell.o, Bannock County, Idahn.
nnly upon the payment Of til% tee PASSED THIS 8th DAY OF IlIAY,
hercii,after specified. Such licenseP..,,T19A
shall not be transferable, and if the APPROVED THIS 8th DAY OF
liocipsee named therein shall cease to AX, 1951,
personally supervise, conouct and op JOHN R. VALENTY,
erate the said business in said license'' Chairman of the Board of
mentioned, said license shall thereby I Trustees of the Village of
terminate and no fee paid, or any {` SFA Chubbuck,
part thereof, for such license, shall b 11.
refunded„ even though the lice3tsee f ATTI $T;
may fail to .operate inr the period f C3iat:I,itte Kennedy,
named therein, or for any portion of Village Clerk
that peyiorl, ----. May 10, 1951'