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HomeMy Public PortalAboutOrd. 533 Retail Sale of Liquor in Parks" ORDINANCE NO. 6-33 AN ORDINANCE RELATING TO THE PUBLIC PROPERTY OF THE CITY; AMENDING TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 13, TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR A DECLARATION OF POLICY, TO PERMIT THE RETAIL SALE OF LIQUOR UPON THE PUBLIC PARKS OF McCALL AT PRIVATE GATHERINGS, TO DEFINE PRIVATE GATHERINGS, TO PROVIDE FOR ISSUANCE OF PARK USE PERMITS TO HOLDERS OF IDAHO RETAIL LIQUOR LICENSES, TO PROVIDE THAT LIQUOR CATERING LICENSES ARE REQUIRED TO BE OBTAINED BY PARK USE PERMIT HOLDERS, TO PROVIDE THE RESPONSIBILITIES OF THE PARK USE PERMIT HOLDER, TO PROVIDE FOR CONDITIONS OF USE AND CLEAN UP OF THE PARK, TO PROVIDE THAT LIQUOR LIABILITY INSURANCE IS REQUIRED, TO PROVIDE FOR CONDITIONS OF ISSUANCE OF PARK USE PERMITS, TO PROVIDE FOR CITY COUNCIL APPROVAL OF ISSUANCE OF PARK USE PERMITS AND LIQUOR CATERING PERMITS UNDER THIS ORDINANCE, TO PROVIDE FOR DISPLAY OF LICENSES, TO PROVIDE AN EXCEPTION TO THE OPEN CONTAINER ORDI- NANCE, TO PROVIDE RESTRICTIONS ON SERVICE OF LIQUOR, TO PROVIDE PENALTIES AND TO PROVIDE FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE " CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Title VIII of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and desig- nated as Chapter 13 of Title VIII of the Village Code of McCall, Idaho, and to read as follows: Chapter 13 PRIVATE GATHERINGS AT CITY PARKS 8-13-1: DECLARATION OF POLICY: It is the policy of the City of McCall, Idaho, to permit the sale and consumption of alcoholic beverages at private gatherings upon the public parks of the city under the conditions hereinafter set forth. 8-13-2: PRIVATE GATHERING DEFINED: A private gathering is defined as a gathering to which invitations are required and include company parties, class and family reunions, service club functions, church/fraternal picnics, weddings, annivers- aries and receptions. 8-13-3: PERMIT REQUIRED: No alcoholic beverages shall be sold or served at a private gathering without a catering permit therefor. 8-13-4: CONDITIONS FOR ISSUANCE OF PARK USE PERMIT: (a) A park use permit for a private gathering at which liquor shall be sold or served shall only be issued to the holder of an Idaho retail liquor license, herein called permittee. (b) The permittee shall obtain a liquor catering permit from the city for the private gathering. (c) The permittee shall be responsible for the use and clean up of the premises upon conclusion of the private gathering. " " 1110 (d) The permittee shall carry liquor liability insur- ance coverage of at least $100,000.00. (e) Conc:itions of issuance of the park use and permit fees and conditions of use of the park shall be in conformance with the City of McCall Park/Beach Reservations Systems adopted April 28, 1988, as the same now are and as may hereafter be amended. Applications for park use permits shall be made to the city clerk. (f) No alcoholic beverages may be sold or served at a private gathering in a city park without the prior approval by the City Council of the issuance of a park use permit and a liquor catering permit. 8-13-5: DISPLAY OF LICENSES: Upon the request of any state, county or city law enforcement officer the permittee shall display such park use permit and liquor catering permit. 8-13-6: EXCEPTION TO OPEN CONTAINER ORDINANCE: The provisions of Section 5-1-54 of the Village Code of McCall, Idaho, shall not apply to private gatherings holding permits issued pursuant to this Chapter. 8-13-7: RESTRICTIONS ON SERVICE OF LIQUOR: All liquor or other alcoholic beverages shall be sold, served or dis- pensed by the permittee, his agents, servants and employees. 8-13-8: PENALTY: Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the en- forcement of uny of the provisions of this Chapter or the City of McCall Park/Beach Reservations Systems as adopted by the City, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall for each offense be punished by a fine in any sum not exceeding three hundred dollars ($300.00) or imprisonment for a term not exceeding ninety (90) days or by both such fine and imprisonment. 8-13-9.: SEVERABILITY: If any section, subsection, sentence, clause or phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such hold- ing shall not affect the validity of the remaining portions hereof.  rL Passed and approved this /ay of June, 1988. Publisher's Affidavit of Publication STATE OF IDAHO. �. .ss County of Valley I, Penny Eberle, being duly sworn and say, I am the receptionist of The Central Idaho Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of aforesaid and is a legal newspaper; that the Ordinance No. 533 a copy of which is attached hereto and made a part hereof, was published in said newspaper once a week for nnP consecutive weeks in the regular and entire issue of every number thereof during the period of time of publication, and was published in the newspaper proper and not in a supple- ment; and that publication of such notice began June 22 1988, and ended June 22 1988. . ir(lev Subscrib d an sworn before me this the 2nd day of July . 1988. STATE OF IDAHO, COUNTY OF VALLEY, ss. On this 2p i day of July , 1988 before me, a Notary Public in and for said State, personally appeared Penny Eberle, known to me or identifed to me to be the receptionist of the corporation that executed the instrument of the person(s) who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. Tom Grote Notary Public Residing at McCall, Idaho Commission Expires: 1993 ORDINANCE NO. 533 AN ORDINANCE RELATING TO THE PUBLIC PROPERTY OF THE CITY; AMENDING TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR A DECLARATION OF POLICY, TO PERMIT THE RETAIL SALE OF LIQUOR UPON THE PUBLIC PARKS OF McCALL AT PRIVATE GATHERINGS, TO PROVIDE FOR INSSUANCE OF PARK USE PERMITS TO HOLDERS OF IDAHO RETAIL LIQUOR LICENSES, TO PROVIDE THAT LIQUOR CATERING LICENSES ARE REQUIRED TO BE OBTAINED BY PARK USE PERMIT HOLDERS, TO PROVIDE THE RESPONSIBILITIES OF THE PARK USE PERMIT HOLDER, TO PROVIDE FOR CONDITIONS OF USE AND CLEAN UP OF THE PARK, TO PROVIDE THAT LIQUOR I r 4BILITY INSURANCE IS REQUIRE TO PROVIDE FOR CONDITIOi S OF ISSUANCE OF PARK USE PERMITS AND LIQUOR CATERING PERMITS UNDER THIS ORDINANCE, TO PROVIDE FOR DISPLAY OF LICENSE` TO PROVIDE AN EXCEPTION TO THE OPEN CONATINER ORDINANCE, TO PROVIDE RESTRICTIONS ON SERVICE OF LIQUOR, TO PROVIDE PENALTIES AND TO PROVIDE FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF Mc - CALL, IDAHO, AS FOLLOWS: Section 1. That Title VII of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter 13 of Title VIII of the Village Code of McCall, Idaho, and to read as follows: Chapter 13 PRIVATE GATHERINGS AT CITY PARKS 8-13-1: DECLARATION OF POLICY: It is the policy of the City of McCall, Idaho, to permit the sale and consump- tion of alcoholic beverages at private gatherings upon the public parks of the city under the conditions hereinafter set forth. 8-13-2: PRIVATE GATHERING DE- FINED: A private gathering is defined as a gethering to which inviations are re- quired and include company parties, class and family reunions, service club func- tions, church/fraternal picnics, weddings, anniversaries and receptions. 8-13-3: PERMIT REQUIRED: No al- coholic beverages shall be sold or served at a private gathering without a catering permit therefor. 8-13-4: CONDITIONS OF ISSUANCE `} OF PARK USE PERMIT: (a) A park use permit for a private gathering at which liquor shall be sold or served shall only Itle Issued to the holder of an Idaho retail liquor license, herein called permittee. (b) The permittee shall obtain a liquor catering license from the city for the private gathering. (c) The permittee shall be responsible for the use and clean up of the premisees upon conclusion of the private gathering. (d) The permittee shall carry liquor li- ability insurance coverage of at least $100,000. (e) Conditions of issuance of the park use permit fees and conditions of use o the park shall be in conformance with the City of McCall/Beach Reseravations Systems adopted April 28, 1988, as the same now are and any hereafter be' amended. Applications for park use per- mits shall be made to the city clerk. (f) No alcoholic beverages may be sold or served at a private gathering in a city park without the prior approval by the City Council of the issuance of a park use permit and a liqor catering per- mit. 8-13-5: DISPLAY OF LICENSES: Upon the request of any state, county or city law enforcement officer the permittee shall display such park use permit and liquor catering permit. 8-13-6: EXCEPTION TO OPEN CONATINER ORDINANCE: The provi- sions of Section 5-1-54 of the Village Code of McCall, Idaho, shall not apply to private gatherings holding permits is- sued pursuant to this Chapter. OF U8-13-7: RESTRICTIONS ON SERVICE QAll liquor or other alcoholic beverages shall be sold, served or dispensed by the permittee, his agents, servants and em- ployees. '8-13-8: PENALTY: Any person who violates, disobeys, omits, neglects, re- fuses to comlpy with, or resists the en- forcement of any of the provisions of this Chapter or the City of McCall Park/Beach Reservations Systems as adopted by the City, shall be deemed guilty of a misdemeanor and, upon con- viction thereof, shall for each offense be punished by a fine in any sum not ex- ceeding three hundred dollars ($300.00) or imprisonment for a term not exceeding ninety (90) days or both such fine and imprisonment. 8-13-9: SEVERABILITY: If any sec- tion, subsection, sentence, clause or phrase or portion of this Ordinance is for any reason held invalid or unconstitu- tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent Iprovision, and such holding shall not affect the validity of the reaining portions hereof. Passed and approved this 16th day of June, 1988 John J. Allen Attest: Arthur J. Schmidt, City Clerk 1tc-6-22 STATE OF IDAHO ) COUNTY OF VALLEY) CERTIFICATE OF RECORDING OFFICER ss I, the undersigned, the duly appointed, qualified, City Clerk of McCall City, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of McCall City, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 5-33 is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held on �w � (n , 19 g/g, and duly recorded in my office; and ✓ 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting having been given; that a legal quorum was present throughout the meeting and that a legally sufficient number of members of the Council of McCall City voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand ancj affixed the offi ial seal of the City of McCall, Idaho, this /7 day of , 19 6r13" - (Seal (Seal of the City) Arthur J. Smidt, City Clerk