HomeMy Public PortalAboutOrd. 993 Amending Section 5-5-030 to Include Section 4.9.19 Open Container ORDINANCE NO. 993
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING
SECTION 5-5-030,PROHIBITIONS, (F), OPEN CONTAINER, OF THE McCALL CITY CODE
TO INCLUDE SECTION 4.9.19, OPEN CONTAINERS ON PUBLIC PROPERTY FOR
PERMITTED BUSINESS PREMISES, OF THE McCALL CITY CODE AS AN EXCEPTION.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, IDAHO:
Section 1: That Section 5-5-030(F) of the McCall City Code is hereby AMENDED as
follows, to-wit:
See Exhibit"A"attached hereto and,by this reference, incorporated
herein as if set forth in full.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
VALLEY COUNTY, IDAHO, THIS 24 DAY OF SEPTEMBER 2020.
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,0 '0V°Cw r '. Approved:
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$ ` � a Robert S. Giles, Mayor
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BessieJo Wa ner, City dlerk
Page 1 of 2
Ord.No 993 Amending Title 5—Open Container
September 24,2020
EXHIBIT "A"
5-5-030: PROHIBITIONS:
(F) Open Container: Be in possession of an open container of an alcoholic beverage, except as
provided in sections 4.9.18, 4.9.19, 8-14-8 or title VIII, chapter 13 of this code, and (Ord. 680, 6-
30-1995)
1. In a motor vehicle; or
2. On a public street or alley or other public property; or
3. In or on private property open to the public, and in possession without permission of the owner,
and not in or on premises for which a liquor license for sale of that beverage by the drink has been
issued, such as in a parking lot.
"Container of an alcohol beverage" includes, without limitation, a bottle or can labeled as
containing such a beverage, no matter what it in fact contains, and a container containing such a
beverage no matter how labeled. An "alcoholic beverage" is any liquid or solid containing ethyl
alcohol or synthetic ethyl alcohol in an amount of three percent(3%) or more by weight(6 proof);
a manufacturer's label on the bottle or can or on a package out of which such container came is
conclusive evidence of content.
Page 2 of 2
Ord.No 993 Amending Title 5—Open Container
September 24,2020
Publisher’s Affidavit of Publication
STATE OF IDAHO
County of Valley }.ss
}
I, Tricia Warren, being duly sworn and say, I am the office manager of
The Star-News, a weekly newspaper published at McCall, in the County of Val-
ley, State of Idaho; that said newspaper is in general circulation in the county
of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of
which is enclosed hereto and is a part hereof, was published in said newspaper
once a week for a period of one week in the regular and entire issue of every
number there of during the period of time of publication, and was published in
the newspaper proper and not in a supplement; and that publication of such
notice began October 1, 2020 and ended October 1, 2020.
_______________________________________
Subscribed and sworn before me this the 1st day of October, 2020.
STATE OF IDAHO
COUNTY OF VALLEY
On this 1st day of October in the year of 2020, before me, a Notary
Public, personally appeared Tricia Warren, known or identified to me to be the
person whose name subscribed to the within instrument, and being by me first
duly sworn, declared that the statements therein are true, and acknowledged to
me that she executed the same.
________________________________________
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 1/19/2024
CITY OF MCCALLORDINANCE NO. 993AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING SECTION 5-5-030, PROHIBITIONS, (F), OPEN CONTAINER, OF THE McCALL CITY CODE TO INCLUDE SECTION 4.9.19, OPEN CONTAINERS ON PUBLIC PROPERTY FOR PERMIT-TED BUSINESS PREMISES, OF THE McCALL CITY CODE AS AN EXCEPTION.NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO:Section 1: That Section 5-5-030(F) of the McCall City Code is here-by AMENDED as follows, to-wit:See Exhibit “A” attached hereto and, by this reference, incorporated herein as if set forth in full. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, THIS 24 DAY OF SEPTEMBER 2020.Approved:By: Robert S. Giles, MayorAttest:By: BessieJo Wagner,City ClerkEXHIBIT “A”5-5-030: PROHIBITIONS:(F) Open Container: Be in possession of an open container of an alco-holic beverage, except as provided in sections 4.9.18, 4.9.19, 8-14-8 or title VIII, chapter 13 of this code, and (Ord. 680, 6-30-1995)1. In a motor vehicle; or2. On a public street or alley or other public property; or3. In or on private property open to the public, and in possession with-out permission of the owner, and not in or on premises for which a liquor license for sale of that beverage by the drink has been issued, such as in a parking lot.“Container of an alcohol beverage” includes, without limitation, a bottle or can labeled as containing such a beverage, no matter what it in fact contains, and a container containing such a beverage no matter how labeled. An “alcoholic beverage” is any liquid or solid containing ethyl alcohol or synthetic ethyl alcohol in an amount of three percent (3%) or more by weight (6 proof); a manufacturer’s label on the bottle or can or on a package out of which such container came is conclusive evidence of content.1tc10/1