HomeMy Public PortalAboutORD 41_Liquor or Beer in Park_1989ORDINANCE NO. 41
AN ORDINANCE MAKING UNLAWFUL THE POSSESSION OF ALCOHOLIC LIQUOR OR
BEER WITHIN PUBLIC PARKS; PROVIDING FOR EXCEPTION THEREFOR AND EX
PRESSLY SETTING THEM FORTH; DEFINING TERMS; FIXING PENALTIES FOR
VIOLATION OF THE ORDINANCE; AND PROVIDING WHEN THE ORDINANCE SHALL
BECOME EFFECTIVE.
BE IT ORDAINED BY THE CITY BOARD OF THE CITY OF IONA, IDAHO:
Section 1. Definitions: 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 and which
beverage contains not more than four percent (4%) of alcohol by weight.
(b) The term "alcoholic liquor" as used in the ordinance includes:
(1) "Alcohol," meaning the product of distillation of any fermented
liquor, rectified either once or oftener, whatever may be the
origin thereof or synthetic ethyl alcohol.
(2) "Spirits," meaning any beverage which contains alcohol obtained
by distillation mixed with drinkable water and other substances in
solution, including, among other things, brandy, rum, whiskey and
gin.
(3) "Wine," meaning any alcoholic beverage obtained by the fermentation
of natural sugar content of fruits (grapes, apples, etc.) or other
agricultured products containing sugar (honey, milk, etc.).
(4) any liquid or solid, patented or not, containing alcohol, spirits,
or wine and susceptible of being consumed by a human being, for
beverage purposes, and containing more than four percent (4%) of
alcohol by weight.
Section 2. Exercise of Police Power: This Ordinance shall be deemed an
exercise of the police power of the City for the protection of the public health
and safety of the citizens, and all its provisions shall be liberally construed
for the attainment of that purpose.
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Section 3. Unlawful to Possess Alcoholic Liquor or Beer in any Public
Park: It shall be unlawful for any person to possess, of have in his or her
possession, any alcoholic liquor or beer in any public park or any outdoor public
recreation area or in any public parking lot adjacent to such park or recreation
area within the City of Iona, Idaho, except in those areas and under those
circumstances hereinafter in this Ordinance set forth.
Section 4. Exceptions: Any provisions in this Ordinance to the contrary
notwithstanding, beer may be possessed, and consumed, in any public park within
the area for which a local retailer's license for sale and disposition of beer has
been duly issued by the City. The boundaries of such "licensed areas" shall be
clearly posted by the City, and any person possessing or carrying said beverage
into any "non licensed" areas of a public park shall be in violation of the pro
visions of this Ordinance. The retail licensee and his agents and suppliers shall
be permitted to transport beer into the licensed area of the park for sale or
disposition.
Section 5. Penalty: Any person who shall violate any provision of this
Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not more than three hundred dollars ($300) or by imprison
ment for not more than thirty (30) days, or by both such fine and imprisonment.
Section 6. Effective: This Ordinance shall be in full force and effect
from and after its passage and approval and due
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ATTEST;--._ .-< "'---................ ...
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Alice Olsen, Clerk
Karen D. Hansen, Mayor
City of Iona