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HomeMy Public PortalAboutOrd. 658 - Open Container for Limited Periods & Specific LocationsORDINANCE NO.658 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO AUTHORIZATION OF OPEN CONTAINERS FOR LIMITED PERIODS OF TIME AT SPECIFIED LOCATIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. McCall City Code Section 5-5-030 (F) is amended in pertinent part as follows: 5-5-030: PROHIBITIONS: It is unlawful to: (F) Open Container: Being in possession of an open container of an alcoholic beverage, except as provided in McCall City Code 4-2-11 or 8- 14-7(C) ... Section 2. McCall City (Code Title 4, Chapter 2, is amended by adding the following new section 4-2-11: 4-2-11: OPEN CONTAINERS AT CATERED EVENTS: By resolution, the Council may authorize the possession of an open container of an alcoholic beverage (as defined in Section 5-5-030(F)), and suspend the effect of Section 5- 5-030(F) of this Code, for a specified temporary period, upon specified portions of the public streets, ways, parks or places: (a) upon condition that a catering permit or a permit under IC 23-1007(A)(2) has been issued or be obtained for the same time and place; (b) upon finding such temporary and limited suspension would be in the public interest and would further McCall's economic well-being or development; and (c) upon providing the City Clerk with a certificate of insurance showing that the City is an additional insured on a liquor liability policy with a combined single limit in an amount satisfactory to the City Clerk; but only when and where such suspension is requested in conjunction with public activities or events sponsored or conducted by an exempt nonprofit organization (as defined in Section 4-3-7 of this Code). Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved January 13, 1994. Dean Martens Mayor Arthur J. midt, City Cle ORDINANCE NO.658 printed January 14, 1994 2Ap page 1 of 1 Publisher's Affidavit of Publication STATE OF IDAHO County of Valley I, Ramona A. George, 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 NOTICE OF ORDINANCE 658, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for one consecutive weeks 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 January 20, 1994 and ended January 20, 1994. }.SS Subscribed and sworn before me this STATE OF IDAHO COUNTY OF VALLEY • y of January, 1994. On this 20th day of January, in the year of 1994, before me, a Notary Public, personally appeared Ramona A. George, 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 acknowl- edged to me that she executed the same. _r Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1999 ORDINANCE NO. 658 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO AU- THORIZATION OF OPEN CONTAINERS FOR LIMITED PERIODS OF/TIME AT SPECIFIED LOCATIONS; AND PROVID- ING AN EFFECTIVE DATE. ; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: I Section 1. McCall City Code Section 5- ' 5-030 (F) is amended in pertinent part as follows: ' ' 5-5-030: PROHIBITIONS: It is unlaw- ' ful to: (F) Open Container: Being, in posses- sion of an open container of ari alcoholic beverage, except as provided in McCall City ,Code 4-2-11 or 8-14-7(C) ' Section 2. McCall City Code Title 4, Chapter 2, is amended by addingthe follow- ing new section 4-2-11: I4-2-11: OPEN CONTAINERS AT CA- TERED EVENTS: By resolution, the Council may authorize the possession of an open container of an alcoholic beverage (as defined in Section 5-5-030(F)), and suspend the effect of Section 5-5-030(F) of this Code, fora specified temporary period, upon speci- fied portions of the public streets, ways, parks or places: (a) upon condition that a catering permit or permit under IC 23-1007(A)(2) has been issued or be obtained for the same time and place; (b) upon finding such temporary and. limited suspension would be in the public interest and would further McCall's eco- nomic well-being or development; and (c) upon providing the City Clerk with a certificate of insurance showing that the City is an additional insured on a liquorliability policy with a combined single limit in an amount satisfactory to the City Clerk; but only when and where such suspen- ' sion is requested in conjunction with public activities or events sponsored or conducted by an exempt nonprofit organization (as ' defined in Section 4-3-7 of this Code). Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved January 13, 1994. Dean Martens, Mayor ATTEST: Arthur J. Schmidt, City Clerk lt1/20