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Home My Public Portal AboutORD 127-1-08_Amending Liquor Sales_01152008ORDINANCE NO. 1 : - AN ORDINANCE AMENDING SECTION 4-2-10 OF THE CITY CODE OF IONA, IDAHO; DESIGNATING PERSONS NOT QUALIFIED FOR LICENSURE TO SELL LIQUOR BY THE DRINK; ESTABLISHING METHODOLOGY; PROVIDING FOR SEVERABILITY; PRESERVING PRIOR ORDINANCE AND ESTABLISHING EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO, THAT: Section 1. Amendment of Section 4-2-10 of lona City Code. Section 4-2-10 of the Iona City Code is amended as follows: 4-2-10: PERSONS NOT QUALIFIED TO BE LICENSED:—Na No license shall be issued or transferred to: ($A) Any person, or any partnership, corporation, trust, association or other legal entity, at least one of whose members, officers or governing board, within three years prior to the date of making application, has been convicted of any violation of the laws of the United States, the State of Idaho or any other state of the United States relating to the importation, transportation, manufacture or sale of liquor; or who has been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, or completed any sentence of confinement for, any felony within five (5) years prior to the date of making application for a license. (EB) A person who is engaged in the operation, or interested therein, of any house or place for the purpose of prostitution or who has been convicted of any crime or misdemeanor opposed to decency and morality. (BC) A person whose license issued under this Chapter has been revoked; an individual who was a member of a partnership or association which was a licensee under this Chapter and whose license has been revoked; an individual who was an officer, member of the governing board or one (1) of the ten (10) principal stockholders of a corporation which was a licensee under this Chapter and whose license has been revoked; a partnership or association one (1) of whose members was a licensee under this Chapter and whose license was revoked; a corporation one (1) of whose principal stockholders was a licensee under this Chapter and whose license has been revoked; an association or partnership, one (1) of whose members was a member of a partnership or association licensed under the provisions of this Chapter and whose license has been revoked; a partnership or association, one (1)of whose members was an officer, a member of the governing board or one (1) of the ten (10) principal stockholders of a corporation which was a licensee under this Chapter and whose license has been revoked; a corporation, one (1) of whose officers, members of the governing board, or ten (10) principal stockholders was a member of a partnership or association licensed under this Chapter and whose license has been revoked; a corporation, one (1) of whose officers, members of the governing board or ten (10) principal stockholders was an officer, member of the governing board, or one (1) of the ten (10) principal stockholders of a corporation which was a licensee under this Chapter and whose license has been revoked. (FD) Any officer, agent or employee of any distillery, winery, brewery, or any wholesaler or jobber of liquor or malt beverages, except as provided by section 23-912, Idaho Code. (GE) —A person who does not hold a retail beer license issued by the State. Any license, held by any person who later becomes disqualified under the provisions of this Section, shall be promptly revoked by the Council._ Section 2. Methodology. For the purpose of this Ordinance, text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance to another is similarly shown as underlined text. Section 3. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the 2 remaining sections or subsections. Section 4. Preservation of Prior Ordinance. The sections of the City Code repealed by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution and punishment of any person who violates such provisions prior to the effective date hereof. Section 5. Effective Date . This Ordinance shall become effective upon its passage, execution and publication within the manner provided by law, and shall be effective with respect to all customer accounts billed after the date the Ordinance becomes effective. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this I5 day of JC tuc y,2008. ATTEST: -.,"4• Betty MiaKi%lay City Cle (Seal) 3 ,64)61/0,,a_g, Brad Andersen Mayor STATE OF IDAHO County of Bonneville I. BETTY MCKINLAY, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled: "AN ORDINANCE AMENDING SECTION 4-2-10 OF THE CITY CODE OF IONA, IDAHO; DESIGNATING PERSONS NOT QUALIFIED FOR LICENSURE TO SELL LIQUOR BY THE DRINK; ESTABLISHING METHODOLOGY; PROVIDING FOR SEVERABILITY; PRESERVING PRIOR ORDINANCE AND ESTABLISHING EFFECTIVE DATE. " �14 V `e Betty M i ay City Clerk G:\WPDATAIDWS\2708 City of Iona\ORD\Designating Unqualified Licensure.cmp.2v1.wpd:sm 4 Proof of Publication The Post Register State of Idaho County of Bonneville I, Dan Moore, or Joanna Hibbert, first being duly sworn, depose and say: That I am the Operations Manager, or Production Supervisor of The Post Company, a corporation of Idaho Falls, Bonneville County, Idaho, d,paublis� publishers Idao The Post Register, a newspaper of general circulation, pub Y a Falls, Idaho; said Post Register being a consolidation of the Idaho Falls Times, established in the year 1890, The Idaho Register, lshed in the year 1880 olidation being made on and the Idaho Falls Post, established in 1903, such the First day of November, 1931, and each of said newspapers have been published continuously and uninterruptedly, prior to consolidation, for more than twelve consecutive months and said Post Register u upished to and continuously and uninterruptedly from the date o such consol dat onp including the last publication of notice hereinafter referred to. That the notice, of which a copy is hereto attached and made a part of this affidavit, was published in said Post Register for 1 consecutive (days) weeks, first publication having been made on the 24TH day ofJANUARY 2008, last publication having been made on the 24TH day of JNUARY 2008 at he said notice was published in the regular and entire issue of saiaper on the respective dates of publication, and that such notice was publi hed in the newspaper and not in a supplement. Subscribed and sworn to before me, this 30TH day of JANUARY 2008 ®``�`a ``i.e.. �13.1.?fy o °ri ,.. • o v° 01� , +.40TAR } ., 0 Ntarn C puBL\� �r :, My commission expires January 10, 2009 t'(�/, yam. ..� ;�c� •�` Credit '��1td'?,„ � C F e' ORDINANCE NO. 127 AN ORDINANCE AMENDING SECTION 4-2-10 OF THE CITY CODE OF IONA, IDAHO; DESIGNATING PERSONS NOT QUALIFIED FOR LICENSURE TO SELL LIQUOR BY THE DRINK; ESTABLISHING METHODOLOGY; PROVIDING FOR SEVERABILITY; PRESERVING PRIOR ORDINANCE AND ESTABLISHING EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO, THAT: Section 1. Amendment of Section 4.2-10 of Iona City Code. Section 4-2-10 of the Iona City Code is amended as follows: 4-2-10: PERSONS NOT QUALIFIED TO BE LICENSED: No;Kg license shall be issued or transferred to: (RA) Any person, or any partnefshlp, board,corporation,� association a r'n o r otr legal entity, at lea of whose members, officers or overning ithin three years prior to the date of makingst makings one application, has been convicted of any violation of the laws of the United States. the State of Idaho or any other state of the United States relating to the importation, transportation, manufacture or sale of liquor; or who has been convicted of, pald any fine, been placed on probation, received a deferred sentence, received a withheld judgment, or completed any sentence of confinement for, any felony within five (5) years prior to the date of making application for a license. (Pj) A person who Is engaged In the operation, or interested therein, of any house or place for the purpose of prostitution or who has been convicted of any crime or misdemeanor opposed to decency and morality. (13.Q) A person whose license issued under this Chapter has been revoked: an individual who was a member of a partnership or association which was a licensee under this Chapter and whose kcense has been revoked; an Individual who was an officer, member of the governing board or one (1) of the ten (10) principal stockholders of a corporation` ittch was a licensee under thls Chepf819112fR OT license has been revoked; a partnership or association one (1) of whose members was a licensee under this Chapter and whose license was revoked; a corporation one (1) of whose principal stockholders was a licensee under this Chapter and whose license has been revoked; an association or partnership, one (1) of whose members was a member of a partnership or association licensed under the provisions of this Chapter and whose license has been revoked; a partnership or association, one (1) of whose members was an officer, a member of the governing board or one (1) of the ten (10) principal stockholders of a corporation which was a licensee under this Chapter and whose license has been revoked; a corporation, one (1) of whose officers, members of the governing board, or ten (10) principal stockholders was a member of a partnership or association licensed under this Chapter and whose license has been revoked; a corporation, one (1) of whose officers, members of the goveming board or ten (10) principal stockholders was an officer, member of the governing board, or one (1) of the ten (10) principal stockholders of a corporation which was a licensee under this Chapter and whose license has been revoked. (FQ) Any officer, agent or employee of any distillery, winery, brewery, or any wholesaler or jobber of liquor or matt beverages, except as orovid .Sri by c agn •912. Idaho f..ndk. (Qg) A person who does not hold a retail beer license issued by the State. -reveled: Any license, held by any person who later becomes disqualified under the provisions of this Section, shall be promptly revoked by the Council. Section 2. Methodology. For the purpose of this Ordinance, text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section. and text that is stricken through means text that is being deleted from the former Ordinance or code Section. Text that is moved from one location In the former Ordinance to another is similarly shown as underlined text. Section S. Severabllity. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsectton shall not affect the validity of the remaining sections or subsections. Section 4. Preservation of Prior Ordinance. The sections of the City Code repealed by this Ordinarititliali be preserVed toteltiftntiteceirary to allow the arrest, prosecution -anti__ punishment of any person who violates such provisions prierto the effective date hereof. Section 5. Effective Date. This Ordinance shall become effective upon Its passage, execution and publication within the manner provided by law, and shall be effective with respect to all customer accounts billed atter the date the Ordinance becomes effective. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 15 day of January, 2008. Brad Andersen Brad Andersen ATTEST: Mayor Betty McKinley Betty McKinley City Clerk STATE OF IDAHO ) : ss. County of Bonneville ) I, BETTY MCKINLAY, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a fug, true and correct copy of the Ordinance entitled:'AN ORDINANCE AMENDING SECTION 4-2-10 OF THE CITY CODE OF IONA, IDAHO; DESIGNATING PERSONS NOT QUALIFIED FOR LICENSURE TO SELL LIQUOR BY THE DRINK; ESTABLISHING METHODOLOGY; PROVIDING FOR SEVERABILITY; PRESERVING PRIOR ORDINANCE AND ESTABLISHING EFFECTIVE DATE." Published: January 24, 2008 Betty McKinley Betty McKinley City Clerk