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Home My Public Portal AboutOrdinance 952 - Formula RestaurantsORDINANCE NO.952 AN ORDINANCE OF THE CITY OF MCCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 3 CHAPTER 2; AMENDING SECTION 3.2.02 MEANINGS OF TERMS OR WORDS "RESTAURANT, FORMULA", PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall, Valley County, Idaho is a municipal corporation duly organized and operating under the laws of the State of Idaho and is authorized under the provisions of 67-6511, Idaho Code, to establish a zoning ordinance; and WHEREAS, McCall City Code 3.13.04 provides for the methods by which amendments to the zoning ordinance may be initiated; and WHEREAS, the City of McCall received an application for a zoning ordinance amendment on August 23, 2016; and WHEREAS, at its October 4, 2016, 2016, meeting, the McCall Area Planning and Zoning Commission recommended the zoning ordinance amendment for approval by the McCall City Council; and WHEREAS, the McCall City Council, pursuant to public notice as required by law, held a public hearing on November 3, 2016 to consider the proposed zoning ordinance amendment and made findings as required by law and determined that the requested zoning ordinance amendment was consistent with the McCall Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and declare that the amendment of McCall City Code, Section 3.2.02 ("Restaurant, Formula"), as provided herein below does not require amendment to the McCall Comprehensive Plan. Section 2: Section 3.2.02, McCall City Code, is hereby amended as provided and shall read as follows: RESTAURANT, FORMULA: An eating establishment devoted to the preparation and offering of food and beverages for sale to the public for consumption either on or off the premises which, by contractual or other arrangement, established or recognized business practice, or membership affiliation, maintains any of the following: (A) Business name common to a more than five (5) similar businesses located elsewhere; (B) Standardized menus, ingredients, food preparation, uniforms, or other standardized features common to a more than five (5) restaurants located elsewhere; (C) Interior decor common to a more than five (5) similar businesses located elsewhere; (D) Architecture or exterior signs common to a more than five (5) similar businesses located elsewhere; Page 1 of 2 Ordinance No. 952 November 3, 2016 (E) Use of trademark or logo common to a more than five (5) similar businesses located elsewhere (but not including logos or trademarks used by chambers of commerce, better business bureaus, or indicating a rating organization including, but not limited to, AAA, Mobile or Michelin); or (F) A name, appearance, or food presentation format which causes it to be substantially identical to another more than five (5) restaurants within or outside Valley County. PROVIDED, an eating establishment which has commonality with another restaurant or business in a manner which is described above in Subsections (A), (B), (C), (D), (E) or (F) shall not be considered a "Restaurant, Formula" under this Ordinance if the commonality is shared with five (5) or fewer other restaurants or businesses. Section 3: This Ordinance shall take effect and be in full force upon its passage, approval, and publication, and upon the adoption of a corresponding ordinance by the Board of Commissioners for Valley County, Idaho, and upon the publication of the same in accordance with Idaho law. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 3 DAY OF NOVEMBER, 2016 ATTEST: CITY OF McCALL Cit;$ Mayor BessieJo Way 'r City C STATE OF IDAHO, ) : ss: County of Valley. ) On this day of /l%U✓u/4.Cr , 2016, before me, a Notary Public, appeared JACKIE J. AYMON and BESSIEJO WAGNER, known, or identified to me to be the MAYOR and CITY CLERK, respectively, of CITY OF MCCALL that executed the said instrument, and acknowledged tossme that they executed the same on behalfrof THE CITY OF MCCALL. .✓`st, V T �''•. � 'cfit" toTARy''.� "It Notary Public for Id�io O Ordinance No. 952 November 3, 2016 Commission Expires: 4 -4-?oi 7 e.e Page 2 of 2 A SUMMARY OF ORDINANCE NO. 952 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF MCCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 3 CHAPTER 2; AMENDING SECTION 3.2.02 MEANINGS OF TERMS OR WORDS "RESTAURANT, FORMULA", PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. The principal provisions of the Ordinance: • Amend the definition of "RESTAURANT, FORMULA" in the McCall City Code to define "RESTAURANT, FORMULA" as an eating establishment similar in business name, standardized features, interior decor, architecture or exterior signs, use of trademark or logo, or food presentation format to more than five (5) other similar businesses. • Under the terms of the Ordinance, any eating establishment with commonality with five (5) or fewer other restaurants or business will not be considered a "RESTAURANT, FORMULA" under the McCall City Code. That the effective date of the Ordinance is upon its passage by the City Council and the Valley County Board of County Commissioners and publication as required by law. The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us. APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 3 DAY OF NOVEMBER, 2016. , Glft,IOF, ll "MCC'i�''i r. a B ATTEST: By A :: ►:!� BessieJo Wag Ordinance 952 Summary Approved: J; KIE J. A°MO , Mayor ORDINANCE SUMMARY CERTIFICATION Ordinance No. 952 Certification of City Legal Advisor of the Summary prepared for the above -numbered Ordinance The undersigned City of McCall Legal Advisor, having reviewed the above - numbered Ordinance and the Summary for the above -numbered Ordinance, believes the Summary of the above -numbered Ordinance is true and complete and that it provides adequate notice to the public of the identity and principal provisions of the Ordinance. Dated this 3 day of November, 2016. illiam F. Nic