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HomeMy WebLinkAbout05 10 1951 Ord 5PROOF OF PUBLICATION STATE OF IDAHO ss.-. County of Bannock ORDINANCE NO. 5 AN ORDINANCE MAKING IT UN- LAWFUL TO SELL WITHIN THE VILLAGE LIMITS OF THE VILLAGE OF CHUBBUCK, BANNOCK COUN- TY, IDAHO, LIQUOR BY THE DRINK A; PROVIDED IN THIS ORDINANCE AND UNDER THE PROVISIONS OF CHAPTER 9 OF TITLE 23, IDAHO CODE; PROVIDING FOR THE IS- SUANCE OF LICENSE THEREFOR; PROVIDING A FORM OF APPLI- CATION FOR SUCH LICENSES AND THE LICENSE FEES REQUIRED; PROVIDING FOR TRANSFER OF LI- CENSES AND REVOCATION AND CANCELLATION OFLICENSES; PROVIDING PENALTIES FOR THE VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE: PROVIDING FOR THE ADOPTTION OF THE STATE LAW APPLIC "•-BLE TO THE RETAIL SALE OF LIQUOR BY THE DRINK IN IDAHO; PROHIBITING GAMBLING ON PREMISES; PRO- VIDING FOR T14E PUBLICATION OF THIS ORDINANCE AND FOR THE TIME OF TAKING EFFECT OF THIS ORDINANCE. BE IT ORDAINED BY THE CHAIR- MAN AND BOARD OF TRUSTEES OF THE _VILLAGE OF CHUBBUCK, BANNOCK COUNTY, STATE OF IDAHO; SECTION 1. LICENSE REQUIRED: It will be lawful to sell within the Village of Chubbuck, liquor by the drink as provided in Chapter 9 of Title 23, Idaho Code; providing a li- cense shall first be obtained from file Village of Chubbuck, as provided in this Ordinance, and the rules and regulations and provisions concerning the licensing and operation of place of business of the same, as provided in this Ordinance, and as provided by Chapter 9 of Title 23, Idaho Code. SECTION 2. APPLICATION FORM: Before any such establishment for sale of liquor by the drink is per- mitted to operate, an application must be made for such license and filed with the Village Clerk of the Village of Chubbuck on application form pro- vided by the Village. Such applica- tion will provide for the name of applicant, location of the proposed business, and at the time application is made, the applicant will also pre- sent a copy of the application for a State license, as well as license issued by the State, forsale of liquor by the drink at retail, and no village license will be issued without first obtaining a license issued by the State of Idaho. All applications shall be by the Clerk referred to the Village Mar- shall of the Village of Chubbuck, and he will endorse thereon his approval. or disapproval thereof, before then same is presented to the Board of Trustees for final approval. The Vill- age Clerk will receive license fees hereinafter provided, at the time filing of the application, and upon approval of the application by the Board of Trustees, license will be mailed to the operator, SECTION 3. LICENSE FEES: Thei license fees required for establish- ments handling liquor by the drink shall be in the stun of $300.00 per calendar year, or portion thereof, pay- able in advance. SECTION 9. TRANSFER OF LI- CENSE: Such license shall be issued only upon the payment of the fee hereinafter specified. Such Iicense; shall not be transferable, and if the licensee named therein shall cease to personally supervise, conduct and op- erate the said business in said license mentioned, said license shall thereby terminate and no fee paid, or any part thereof, for such license, shall be refunded, even though the licensee may fail to operate for the period named therein, or for any portion of that period. SECTION 5, REVOCATION AND CANCELLATION; If any licensee, or Edith Berosek ---------------------------------------------------------------------------------------------------- Leggal Advertsrment 11worn on oath deposes and says: That ----------- PbQ State license Shan e automatic revo- cation of the Village license. herein mentioned a citizen of the United States of SECTION 7. ADOPTION OF THkI STATE LAW: All provisions of Chap. an 21 of e and the Prii al Clerk of THE ter 9, Title 23, Idaho Code, are adopted y ears a g , ncp as a part of this Ordinance insofar as they are applicable. t. URNAL, a daily newspaper, printed and published at SECTION B. PLACE OF DISPOSI- TION OF LIQUOR: It shall be un- lawful for any He6risee to sell, giveck County, Idaho, and having a general circulation away, dispense, vend, or deliver any liquor in any fashion, or by means of device, except upon the licensed Premises. SECTION 9. GAMBLING PROWS -,Invent or notice, a true copy of which is attached, was ITED; It shall be unlawful for any licensee permit, conduct, play, car-Sa ry on, open or cause to be opened,id IDAHO STATE JOURNAL, On the following dates, any gaming in or upon the licensed premises or in or upon any premises directly connected by a door, hallway, or other means of access from the licensed premises; provided, however, that the Village of Chubbuck may authorize any form of gaming upon,; the premises, or premises adjacent ------------, 9 ---------------------------------------, 19 ------ thereto, permitted by and licensed under the laws of the State of Idaho. SECTION 10. CONSTITUTIONALI- TY: Any provisions of ordinances -------------- 19------ ----------------------------------------, 19 ------ found to be unconstitutional will not i affect the constitutionality of any oth-1 or part of the Act. This Ordinance shall be in full force_` ------------- 19------ ---------------------------------------, 19 ------ and effect upon its passage, approval and publication in one issue of the' Idaho generaStae ci culation,1publishedoatrPo- -----, T9------ --- -------------------- 19------ catello, Bannock County, Idaho, PASSED THIS -8th DAY OF MAY, 1951. , 19 , 19 _ APPROVED [CHIS lith DAY OF MAY, 1951. JOHN R. of the Board of Chairman of the Boper has been continuously and uninterruptedly pub - Trustees of the Village of Chubbuck. nt for period of seventy-eight weeks rior to the {SEAL] y pp ciTEST: t Kennedy, d notice or advertisement and is a newspaper within Village Clerk May 10, 1951 ke laws of Idaho. --- --------------- -------------------------------- Subscribed and sworn to before me this_________ -y__ -til__________ _ __ day of --------------- =----- -------- ---------- J7� ------ - ---- ----- 19- 1 --------------------------------- Notary Public, t of Idaho Residence: Pocatello, Idaho ti