HomeMy Public PortalAboutOrd. 72 - Sale and Distribution of Beer 2,457
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04DINANCB NO. ;' ,��.. .
AN ORDINANCE FOR THE REGULATION .AND CONTROL OF THE
SALE OF AND DISTRIBUTION OF BEER AND DEe INING T; k; SkilE AND
OTNEL-L TERiS ; PROVIDING FOR THE RAISING AND DISPOSITION OF
REVENUE Two. B 'ROM : PRSCRIBING PENALTIES FOR VIOLATION;
PROVIDING A SAVING CLAUSES REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND DECLARING ANEMERGENCY.
BE I ' ORDAINED BY THE CHAIRMAN AND BOARD OF TRUSTEES
OF THE VILLAGE OF MC CALL, I DA}O:
SECTION Y. DEFINITION.- As used in this ordinance :
(a) The word "beer" means any beverage obtained by
the alcoholic fermentation of an infusion or decoction of
barley, malt, and/or other ingredients in drinkable water.
(b ) The word "person" includes any individual,
firm, co-partnership, association, corporation, or any group
or combination acting as a unit, and the plural as well as
the singular number, unless the intent to give a more limited
meaning is disclosed by the context.
(c ) The term "retailer" means any person engaged
in the sale or distribution of beer to the consumer.
(d) The "license year" shall begin on the 1st
day of July of each year, and shall end at the close of the
30th day of June, following.
Section 2. Beer containing not more than 3.2 per cent
of alcohol by weight is hereby declared to be non-intoxicating and
may be sold and distributed in the Village of McCall, or
possessedYtherein in the manner and under the conditions pre-
scribed in House Bill No. 12 of the Extraordinary Session of
the Twenty-Second Legislature of the State of Idaho, and not
otherwise.
SECTION 3. RETAILER.- Before any retailer shall sell
beer under the provisions of this ordinance, he shall first
apply to the clerk of the Village Board of McCall for a license
so to do, and pay with such application the license fee
herein prescribed. Upon such application the said clerk shall
issue such license to such person, which license shall at all
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times be prominently displayed in the place of business of
such retailer.
SECTION 4. It shall be unlawful for any person to sell
such beer to any minor under the age of eighteen(18 ) years,
SECTION 5. Wery person licensed under the provisions
of this ordinance shall pay is advance to the Village Clerk
the sum of ; 12.5O a year, or for any fraction of a year,
which said license fee of 0.2.50 shall be paid annually on c\
or before the let day of duly for each and every year thereafter.
section G. The revenue derived from said licenses shall
be credited to the General ?und of the Village of 'McCall.
SECTION 7, No person, or persons, firm, or corporation
shall be eligible for a license as a retailer, unless they
be a responsible arty or parties, of good character and ' rep-
utation, and a resident of McCall, Idaho, for at least one year,
next preceding the application for a license.
SECTION 8. Any party or parties, fine or corporation,
operating under this license, who shall keep or maintain a
disorderly house, or a public nuisance in connection with the
sale of beer, or who shall be convicted of any State or Federal
crime, shall have their license revoked; Or if any licensee
shall be convicted of any violation of the provisions of this
ordinance, or of a violation Hof any law of the State of Idaho
relating to the manufacture, sale, or possession of intoxicating
liquor, or if the Village Board shall find upon examination that
any of said licensees have violated any of the provisions of
this ordinance, or the laws of the state of Idaho, they may in
their discretion and in addition to the other penalties herein
described, revoke the license of any such licensee, or they may
suspend the same for a period of time not to exceed six months.
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/".`\' SECTION 9. Any person who violates any of the provisions
of this ordinance shall be guilty of a misdemeanor, and upon con-
viction thereof shall be fined in any sum not less than $50.00
nor more than ' 100.00 and costs.
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SECTION 10. If any portion of this ordinance shall be .
declared illegal by the district court or O'r the Supreme Court
, , of the State of Idaho, it shall not invalidate the other
provisions thereof. ,
SECTION 14,. All Ordinances or parts of ordinances
in conflict with the provisions of this ordinance shall be,
and the same are hereby repealed.
SECTION 12. An emergency existing therefor, which
emergency is hereby declared to exist, this ordinance shall
be in fall force and effect from and after its passage and
approval, and publication.
Passed and approved this ,ef day of June, 1933. t
'31.:-...-CS,-1--C G.M,•
Attest: Chairman.
Village Clerk. r.:° .'.
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