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0230 Business Licenses 1981ORDINANCE NO.ASO AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING SECTION 5.04.090 OF THE CHUBBUCK MUNICIPAL CODE AND ENACTING A NEW SECTION 5.04.090, PROVIDING FOR ANNUAL BUSINESS LICENSES; REPEALING SECTION 5.04.020 OF THE CHUBBUCK MUNICIPAL CODE AND ENACTING A NEW SECTION 5.04.020 TO PROVIDE FOR BASIC AND ADJUSTED BUSINESS LICENSE FEES; ENACTING SECTION 5.08.010 OF THE CHUBBUCK MUNICIPAL CODE, TO REQUIRE LICENSES FOR SALE OF BEER OR WINE; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Deletion of Quarterly Business Licenses. Section 5.04.090 of the Chubbuck Municipal Code is hereby repealed and the following new section 5.04.090 is hereby enacted: 5.04.090. Expiration. Ail licenses shall be good from date of issuance to December 31 of the year of issuance, unless earlier revoked. No refund shall be made of any part of a license fee for a business license that is revoked or granted for a period less than one year. Section 2. Basic and Adjusted Fees. Section 5.04.020 of the Chubbuck Municipal Code is hereby repealed and a new section 5.04.020 is hereby enacted as follows: 5.04.020. Fees. The basic license fee for each and every business, trade, occupation, performance or amusement required to be licensed under this Code shall be $ ~ per year. In the event that a particular business, trade, occupation, performance or amusement is determined by the City Council to fall within a class of such activities imposing a demand for extraordinary muncipal services, including (without limitation) special police or fire protection services, the Council may fix and the City Clerk shall collect an adjusted fee reasonably related to the cost of such extraordinary services. Provided, however, that such adjusted fees shall be uniform with respect to classes of business imposing similar extraordinary demands for services; and provided, further, that no such adjusted fee shall be fixed or collected until the proposed licensee has been furnished notice and an opportunity to be heard before the City Council with respect to such fee. Section 3. Licenses for Sale of Beer or Wine. Chapter 5.08 of the Chubbuck Municipal Code is hereby amended by enacting a new section 5.08.010, to read as follows: 5.08.010. It shall be unlawful and punishable as a misdemeanor to sell beer or wine within the City of Chubbuck unless a valid and unrevoked beer and wine retailer's license, separate from and in addition to a business license otherwise required by this Code, has been obtained from the City. As a condition of receiving or holding a valid City beer and wine retailer's license, the licensee shall have and keep in force a valid and unrevoked beer and wine retailer's license from the County of Bannock~ State of Idaho, and shall comply with all other application requirements imposed by this Code and the Idaho Code. The fee for such license shall be as follows: (a) Beer: $200 per year (or part thereof) for consumption on the licensee's premises, or $50 per year (or part thereof) for consumption off the premises. (b) Wine: $200 per year (or part thereof) regardless of whether sales are for consumption on or off the premises. The terms of such licenses shall run concurrently with business licenses as established elsewhere in this Code. Section 4. Repeal. All prior ordinances or provisions thereof which conflict with this ordinance or the sections of the Chubbuck Municipal Code herein amended are hereby repealed to the extent of such conflict. Section 5. Severability. If any section or provision of this ordinance, or of the Chubbuck Municipal Code as herein amended, is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining sections or provisions. Section 6. EffectiMe Date The rule requiring ordinances to be read on three separate days is hereby dispensed with, and this ordinance shall become effective upon its passage, approval 'and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR of the City of Chubbuck, Idaho, this ]0 tbday of November , 1981. Attest: City Clerk