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Home My Public Portal AboutOrd. 771 - Minimum Drinking Age to 21ORDINANCE NO. 771 AN ORDINANCE BY THE CITY OF MCCALL, IDAHO, AMENDING TITLE 4, CHAPTER 1, SECTION 5 OF THE MCCALL CITY CODE CHANGING THE MINIMUM DRINKING AGE TO TWENTY-ONE YEARS; CREATING A NEW TITLE 4, CHAPTER 1, SECTION 9 OF THE MCCALL CITY CODE ESTABLISHING REGULATIONS FOR MISREPRESENTATION OF AGE; CREATING A NEW TITLE 4, CHAPTER 2, SECTION 12 OF THE MCCALL CITY CODE PROVIDING REGULATIONS; AMENDING TITLE 4, CHAPTER 8, SECTION 10 OF THE MCCALL CITY CODE CHANGING THE MINIMUM AGE TO TWENTY-ONE YEARS; CREATING A NEW TITLE 4, CHAPTER 8, SECTION 14 OF THE MCCALL CITY CODE PROVIDING REGULATIONS; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Council of the City of McCall has been enforcing the minimum age requirements for alcohol consumption and distribution as set forth in the Idaho Code; and WHEREAS, the City Council of the City of McCall desires to amend its City Code to bring it current with the Idaho Code and the City's current enforcement practices; and WHEREAS, the City Council of the City of McCall desires to set regulations for the sale, service and consumption of beer, liquor and wine; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, Valley County, Idaho, as follows: Section' 1: Section 4-1-5(A) of the McCall City Code is hereby amended to read as follows: (A) It shall be unlawful for any person to suffer or permit any person under twenty-one (21) years of age to consume beer in or upon his or her premises, or for any persons to sell, serve or dispense beer to any person under twenty-one (21) years of age or to any person who is intoxicated. However, any person who is nineteen (19) years of age or older may sell, serve, possess and dispense liquor, beer or wine in the course of his or her employment in any place as defined in section 23-942, Idaho Code, or other place where liquor, beer or wine are lawfully present so long as such place is the place of employment for such person under twenty- one (21) years of age. Section12: Section 4-1-9 of the McCall City Code is hereby added as follows: 4-1-9: MISREPRESENTATION OF AGE: (A) No person under the age of twenty-one (21) years may purchase, consume or possess beer. (B) No person shall give, sell or deliver beer to any person under the age of twenty-one (21) years. ORDINANCE NUMBER 771 (C) No person under the age of twenty-one (21) years shall by any means represent to any retailer or distributor or to any agent or employee of such retailer or distributor that he or she is twenty-one (21) years or more of age for the purpose of inducing such retailer or distributor, or his or her agent or employee, to sell, serve or dispense beer to such person. (D) No person shall, by any means, represent to any retailer or distributor or the agent or employee of such retailer or distributor, that any other person is twenty-one (21) years or more of age, when in fact such person is under the age of twenty-one (21) years, for the purpose of inducing such retailer or distributor, or the agent or employee of such retailer or distributor, to sell, serve or dispense beer to such other person. Section 3: Section 4-2-12 of the McCall City Code is hereby added and shall read as follows: 4-2-12: REGULATIONS (A) It shall be unlawful for any person to suffer or permit any person under twenty-one (21) years of age to consume liquor in or upon his or her premises, or for any persons to sell, serve or dispense liquor to any person under twenty-one (21) years of age or to any person who is intoxicated. However, any person who is nineteen (19) years of age or older may sell, serve, possess and dispense liquor, beer or wine in the course of his or her employment in any place as defined in section 23-942, Idaho Code, or other place where liquor, beer or wine are lawfully present so long as such place is the place of employment for such person under twenty-one (21) years of age. (B) Every person to whom a license shall be granted shall at all times conduct a quiet and orderly place of business which shall be open to the inspection at all times of any police officer of the City, the State of Idaho, or of the United States, and said person shall have the right at any time to make an examination of the said licensed premises to ascertain if the licensee of said premises is conforming to the provisions of this Chapter, the laws of the State of Idaho, or the law of the United States, applicable thereto, and to check the alcoholic content of any liquor being kept for the purpose of sale or distribution on said premises. (C) That all licenses issued under the provisions of this Chapter shall be posted in a conspicuous place on the premises, and kept posted during the full period of time for which the same is issued, and that said license shall not be sold, transferred or assigned without the written Consent of a majority of the City Council; that in case of the receivership, assignment, bankruptcy, or incompetency of the licensee, the licensee's business may be carried on under the license by the duly appointed, qualified and acting receiver, assignee, trustee in bankruptcy, guardian, executor or administrator of the licensee, providing that such receiver, assignee, trustee, guardian, executor or administrator shall file with the Clerk a certified copy of his or her appointment and secure the written consent of the City Council. ORDINANCE NUMBER 771 Section 4: Section 4-8-10 of the McCall City Code is hereby amended to read as follows: (A) No person under the age of twenty-one (21) years may purchase, consume or possess wine. (B) No person shall give, sell or deliver wine to any person under the age of twenty-one (21) years. (C) No person under the age of twenty-one (21) years shall by any means represent to any retailer or distributor or to any agent or employee of such retailer or distributor that he or she is twenty-one (21) years or more of age for the purpose of inducing such retailer or distributor, or his or her agent or employee, to sell, serve or dispense wine to such person. (D) No person shall, by any means, represent to any retailer or distributor or the agent or employee of such retailer or distributor, that any other person is twenty-one (21) years or more of age, when in fact such person is under the age of twenty-one (21) years, for the purpose of inducing such retailer or distributor, or the agent or employee of such retailer or distributor, to sell, serve or dispense wine to such other person. Section' 5: Section 4-8-14 of the McCall City Code is hereby added and shall read as follows: 4-8-14: REGULATIONS (A) It shall be unlawful for any person to suffer or permit any person under twenty-one (21) years of age to consume wine in or upon his or her premises, or for any persons to sell, serve or dispense wine to any person under twenty-one (21) years of age or to any person who is intoxicated. However, any person who is nineteen (19) years of age or older may sell, serve, possess and dispense liquor, beer or wine in the course of his or her employment in any place as defined in section 23-942, Idaho Code, or other place where liquor, beer or wine are lawfully present so long as such place is the place of employment for such person under twenty-one (21) years of age. (B) Every person to whom a license shall be granted shall at all times conduct a quiet and orderly place of business which shall be open to the inspection at all times of any police officer of the City, the State of Idaho, or of the United States, and said person shall have the right at any time to make an examination of the said licensed premises to ascertain if the licensee of said premises is conforming to the provisions of this Chapter, the laws of the State of Idaho, Or the law of the United States, applicable thereto, and to check the alcoholic content of any wine being kept for the purpose of sale or distribution on said premises. (C) That all licenses issued under the provisions of this Chapter shall be posted in a conspicuous place on the premises, and kept posted during the full period of time for which the same is issued, and that said license shall not be sold, transferred or assigned without the written Consent of a majority of the City Council; that in case of the receivership, assignment, bankruptcy, or incompetency of the licensee, the licensee's business may be carried on under the license by the duly appointed, qualified and acting receiver, assignee, trustee in ORDINANCE NUMBER 771 bankruptcy, guardian, executor or administrator of the licensee, providing that such receiver, assignee, trustee, guardian, executor or administrator shall file with the Clerk a certified copy of his or her appointment and secure the written consent of the City Council. Section 6: This ordinance shall be published once in the official newspaper of the City, and shall take effect upon its passage, approval, and publication. DATED this 04 day of ®e-kIrr, 2002. °°°°°' i'G •••A•Lb' r ••••• 4 d ♦o f- •••• ' /1 � • -A a IN r SEAL a 0 w• ow•do' : * y •.• * •; O Ralph Colton,Mr • ,,�� ••+ . '•.• •••••••••• P .4. ATTEST: •••.•."A LL,19.0 Cathleen A. Koch, City Clerk CITY OF McCall Valley County, Idaho ORDINANCE NUMBER 771 City of McCall Certificate of Recording Officer STATE OF IDAHO } County of Valley } I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do hereby certify the following: 2. 3. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of the City of McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. That the attached Ordinance No. 770 is a true and correct copy of an ordinance passed at a special meeting of the Council of the City of McCall held on October 10, 2002 and duly recorded in my office; and 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 and that a legally sufficient number of members of the Council 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 WIT1NESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho this 10th day of October 2002. 010111lye+..4 ''•��4c,eeeeeeeCALL. r6•.•••m 141 SEAL ;•o . z5�•' : * � * • O r. Cathleen A. Koch, City Clerk ORDINANCE NUMBER 771 Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist of The 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 afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week 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 publica- tion of such notice began October 24, 2002 and ended October 24, 2002. Subscribed and s(wdrn beforetahe this the 25th day of October, 2002. STATE OF IDAHO COUNTY OF VALLEY On this 25th day of October, in the year of 2002, before me, a Notary Public, personally appeared Carol J. Wright, 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 acknowledged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06 OVeC ORDINANCE NO.17,1 AN ORDINANCE BY THE CITY OF, MCCALL, IDAHO, AMENDING TITLE 4. , CHAPTER 1, SECTION 5 OF THE MCCALL' , CITY CODE CHANGING THE MINIMUM DRINKING AGE TO 1TWENTy=ONE! ' "r. RS ;. CREATING A NEW TITLE 4, PTER 1; SECTION 9 OF THE MCCALL ' CODE ESTABLISHING REGULA- • TIONS FOR 'MISREPRESENTATION OF AGE; CREATING 4 NEW TITLE 4, CHAV,- TER. 2, SECTION 12 OF THE MCCALL CITY CODE PROVIDINGREOULATIONS; AMENDING TITLE 4, CHAPTER 8; SEC; TION 10 OF THE mccaj., crty -copt CHANGING THE miNpzrum AGE; :To TWENTY:ONE -.YEARS;; C,REATIINIGA NEW/ TITLE 4, CHAPTER -8; SECTIONI;e1 ,OF THE MCCALL CITY] CODE 'PR.OVID ING REGULATIONS; AND.:ESTABLISH •• IN.G AN'EFFECTIVEDATEa,' - • WHEREAS, theCityCOuneR6ffike City* ' McCall. has been enfoicing thOlingrnup ; P I reqnirenketitsf6r al60.1.9104ns'11-11:1' : , -crviciiedkrthe-alc`o'hblic,'Cp: rant oi thp.retpon , • , (:PL) it saw. • ...• , • suffer of permit any peracin under tWenty:p1W (21) years of age to 'consume liqupr in of tip& •hiS or her preinises, or for ariY•perkinsiO,sell,; serve 'Cor dispense. hquor to any persondet .twenty-one (21) years of -age of to any Who is intoxicated. However, afiy,persthiwitc... is. nineteen (19) years of age or older! May ' serve, possess, and: dispense liqtiOr, beer of • • wine in'the-course of his orher employment in • arty place as defined in .section 23-942,-Idahc . Code; or other place whereliquoi; beer or wine . are lawfully present sOlcing.asSiichplace is' the:. . :place of 'employMent.fcir 'anclilieraon Anklet ' twenty-one 01) years of 'age.. ; ' .,(3)Eyeiy. person aphornalicensp Shall be granted shall' at all dimes Coridnet a quiet arid'' . orderly placeof Mismess whicItshallbe open tc • the inspectionat all•tirnes of anypeliceoffic4 - of. the City; the State.6fIdalio, or Of the 1,Mited . States, and said .persottshalf have the 'right*, ,• ,aity time, to make' an' -examination of the said lieenSed premises Mascertainifthe said premises iS;CPtif6ititing'0,0.4rovisiOik r of this Chapter;.fitelawacif,the'Stategidame Wi. • • wHBREAS;theCitYCgO4INMIP.Ci.tY.:§) i being kept for theiniipetae,Of •-. tribtitionigi:SetIcirthfirt thejdalt6T6de;aii , ' ',distribithomon,sa p McCall desires tc,o,arnendi .CityCP, . g,.. , 3, :it etirierifWith the Idaho ' • 'eniienteriforcenierifpfatuees;,,atid:;, • ;'.Wil-IEREAS, the City'Coungil ofthe,Ctty .• 'McCall clesireSM. Set regulatiOti061-•theiale service and: of beer, liquor. and ; • , -;-;;.N,OW;Ti-IEREFORE,PE IT ORDAINEI3 BY THE MAYOR •AND:COUN. CIL OF THE CITY MCCAI,,L, Valley Critinty, Idaho a :follows: I . , Seddon 1:. S'ection44t5(A)-,6f theVeCah;-;: • • •,. • City. Code is hereby amended ,to read lows :'" in Z. • (A) It shall be unlawful f6f any'Petson tc • Stiffef or permit' any person Under twenty-one:: (21) Years of age to coriannie b per in or uponlik. (Titer prentises, of for Any persons to sell; ser*:, • nr Aispense beer to any person under' twenty.' - (21).years -6f age or to, .any person who is xicated.' However, any,p erSon who is nine, - teen (19) years of age or older may : possess and dispense liquor, beer or wine in the • • course of his or her employment hi any place 'af. - defined in section 23-942, Idaho Code, or othei . place where liquor, beer Or•wine are jawfully present so long as .Such placeds the place .ol j.; employMent for such person under twenty" one '• (21) years of age:. - • - • • Secfion2:..Section 471-9 oftheMcCall.gity-, Code is hereby added as f.ollowsf,.. • • ; '., 4-1-9: MISREPRESENTATION -.OF.. ' A • (A) NoPerson under die age of twenty-ani , (21) years may purchase, consul* Or'pOsSess beer.• • •I• • • ' • • (13) No -person shall give,. 'sell or delivet,- . . beer to airy: person under the age of twenty-one 01) years. ; - • ••,., (C) No person Under the age of twenty one (21) years shall by.any means represent to any retailer or 'distributor or M any. agent Or em- ployee. of stichTetailer or:diStributor that hebt , sheds twenty-one 01) years or More of age f.61 . • the_ u,rpose of inducing .anch retailer 'or dis" .triblitor, or his Or her agent!or employee, to sell, serve or diSpensebeerto Suck person, • -;.3.(b) No pr,rsorol an liy any .11,i6ansjor: ,!1$990.0y tetailer or 4iitribi4pr.0.06 404t of : .:0:11:40.kPfXqhretailer. odrstnbutor, that 4, ;' - iany ottier,Ii,OtsprOg twenty-one (21)years or s more f40*01,1totibiiunder .:tiikage',§f,tweptS!;;401),)kkr.§;:.,t01-"jhe.Iii,if-; pose of Ih4i0Iiigs4ph;t•pf40-.or,iligttibilietof the '.4kettt trkbutor teii011,-sOtye or dispense beef fci:andlf.'Y .• n.-per'S6M• ;•3`»:.'; Section 3 gectiOri, itteV6CAll ' y Code'rs hereby added and shall read as , ' ;,' , • .• • siona=of this Clianter‘shallpeposteciiit'i,-.keork--, spictipits place on thepreiruseaf and kept posted during. the full'period:offirrie.;-f6r, wtuch the; sank is issued; and that Said license shall not be sold; transferred ,of aisigned.Widtputdie writ- ten consent of a.majdrity of the;City4Cotirieil; that in case of the receivership ;assignment, bardcruptcy, or inconmeteady-of dip licensed, the lic.ensee!s business Maybe carried on under the license by the duly appointed; qualified and acting receiver, assignee; trustee in bankruptcy; guardian, executor, or, adritinistratorbf. lic- ensee, providing that such receiver,,,asSigitee, trustee, • guardian; executor or administrator shall file with the Clerk a certified copy of lus or her appointment and secure the written con- sent of the City Council. Section 4: 'Section 4-8-10 of the McCall City Code is hereby amended to read, as fol- lows: - (A) N6 person under the age of twenty-one (21) years may purchase, consume or possess Wine. • , - (B) No person shall give, Sell'or deliver -. wine to any person under the age of twenty-one (21) years, • - - • (C) No person Under the age of twentyone (21) years shall by any meansrepresentto, any retailer or distributor or to any agent or ern- ployeeof such retailer or distriblitor that he or she is twenty -One (21)years or, more of age for the purpose of- inducing such:retailer Of dis- . siaisemi 'ueopetuvE) • ,.(D)-No,persort•ahall, by:any mearts,:repre- sent to any retailer& distribUtoir or the agent or . employee of Such' retailer, or. distributor; that any,..othei person IS. tWentp-cine, (21) years or moretfage; When in:fact such person is under Ike age '6f twenty-one (21) years, for the pnr- ' .,•••Pose of inducingsueh retailer or distributor, or 'the:agent or .employee' Of. Such.retailer or -dis- tributor, to sell,.serve or diSperise Wine to such other person. „ . . . . • Section 5: Section 428-14. of the MdC.all ' • City Code is hereby added and. shall. reads follows: • 14:AEGULATIONS , ' (A). It be'unlawful for any person to suffer -or -permit. any person;Under twenty-one . (21) •years of age to consume Wine in:or upon..'„ • his or her premises;or for any,persons to sell.; serve disPenie Wine to any: perion twenty-one (21) yeara'-ofage"tirt6 any person who is intoxicated; However, -any personwho - is nineteen-(19) years Of. age or,Older May sell, serve, peSseas and dispenseliejang.e:beer Of .' wine hi the course of his.or her entploYMentin • , 'any place aS defined in section2”42,1dahO', ' Code, or other place Where liqu.6r,:beererWine are laWfidiy_preient S6 loitgagi'.. plaCeis:the,,?. :plaeefofleitiplOyinent4Orlueli,J)ers'ik :tinder , 'twenty:rine' (21),years;Pf- -.,(B)EVeryPerannt6iyhoinaliCerisesItall by --granted shall at all tiMes \COntInet qiiiet and, orderly place 6f heripen inspection atall:tinteS 6fanY,POliee 'officer ' of the city, the State of IcIalikOt.Of the United . StateS, and said Person Shall haVe:tlie right at -any fink to Make an exarninatiOn ;of the said ' liCeitsed premiSeS io ascertainif the licediee o said premises is dOnfOrming:to the pr6visiork of this Chapter, the lawS of the StatepfIclah6, or the 'law of the' Mited States,',applicable thereto, and to check the alcOholie content of any wine being:kept for thepurpo.seof.sale or distributiornon said premises. (C) That all licenseSissued under the provi- sions of this.Chapter shall be posted in 'a con- spicuous place on the premises,: and kept posted during the full period of time, for -which the same is issued, and that said ficenSeshallnot be sold, transferred or assigned without the writ- ten consent of a majority of the City Council; : that in case of the receivership, assignment, bankruptcy; or incompetency of the licensee, the licensee's business may be carried on under the license by the duly appointed, qualified and acting receiver; assignee; trustee inbankruptcy, guardian, executor or adminisuatot of the lic- ensee„proyiding that such receiver;'assignee, truStee; guardian, executor 'or, administrator shall file with the Clerk a -certified copyof his or her appoiritmentand secure the Written Con- sent of the City Council. Section 6: Thig'ordinanee shall'be ,pub- lished: once in the official newspaper of the City,`and shall take effect iino,n its passage, approval, and publitation...,- • 7. - -DATED this,24di day of October; 200,2. : CITY OF McCall - ‘.• - Valley Cbitrity, Idaho:. • By: Ralph Colton, Mayor :--'`; - • ' • 'ATTEST:: Cathleen A: Koch,'City Clerk 1tc10/24 ,