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HomeMy Public PortalAboutOrd. 774 - Open Containers at Catered EventsORDINANCE NO. 774 AN ORDINANCE OF THE CITY OF MCCALL, A MUNICIPAL CORPORATION OF i THE STATE OF IDAHO, STATING A PURPOSE, AMENDING SECTION 4-2- 11,' OPEN CONTAINERS AT CATERED EVENTS; TITLE IV, BUSINESS REGULATIONS; CHAPTER 5, LIQUOR; PROVIDING SEVERABILITY; REPEALING CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. i BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. McCall City Code Title 4, Chapter 2, is amended as follows: 4-2-11: OPEN CONTAINERS AT CATERED EVENTS: By resolution, the City Manager with the concurrence of the Fire Depaitnient and Police Department 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). Page 1 of 2 December 12, 2002 Ordinance No. 774 Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. `P.orcrl,44pproved December 12, 2002. ,,, 4 ••..Ll ''• =6"1 SEAL II::y x o *: •'•. � ' •••• p •• �� '•••o•••• •st,, AT;TESP.,,,;�LL, I4��a•`� **°*eo:oseaat4o athleen Koch City Clerk Ralph Colton Mayor Page 2 of 2 December 12, 2002 Ordinance No. 774 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: 1. 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. 2. That the attached Ordinance No. 774 is a true and correct copy of an ordinance passed at a special meeting of the Council of the City of McCall held on December 12, 2002 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 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 WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho this 12th day of December 2002. Cathleen A. Koch, City Clerk Publisher's Affidavit of Publication STATE OF IDAHO 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 December 19, 2002 and ended December 19, 2002. .SS Subscribed and srn before%ite this the 20th day of December, 2002. STATE OF IDAHO COUNTY OF VALLEY On this 20th day of December, 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 - ORDINANCE•NO3 774OF AN ORDINANCE OF:THE .0 Iv1CCAT.t AMUNICTF,4 CORPORATION '.OF'I'HE'STATE.OF, DAHQ STATING`A' .PURPOSE AMENDING'SEC 1011.*2 11 , •••,OPEN':,'CONTA<hsrER$ iyai.CA'TERgp EVENTS;E altVSBLII OSl2,fPR0 A ?HONS ; CHAPTER ING'SEVERABI.1741 REP.EALINCaCON ; FLICTING, PROVISIONS AND PROV]D • ;ING.AN"•EFFECTIVE DATE BE IT ORDAINED BrTHE'"MAYOR :ANDCOUNCII;OFTHECITYOFMcCALL} ; IDAHO', AS FOLtoWS' :? ••Section l NcCa11'City CodeTitle'4; Chao- ter 2 4s ainended*fOIIOW$G Sr : 4.2=l OPEN1'CONTAINERS AT CA TERED'EVENTS By,resolution;the Crty mit ages with the`concurrence of,the Frye De , ' , pariment,and Police •Departments"may autho .:;, .• rize, the ' possessiritibtan•opepcontainer,ofah.', ,.. alcoholic beverage•(as defined'inSegtioh,5;57,; . 030(F));' and suspend the effeot:of,Seotlon 5'75 i 030'(F) of this Code` fora spepAed,ternporary period, upon sppcifiedportions of the public ', streets, ways; `parks or PIOP. F� i (a)'upon condition that a cater sng permit a permit'under:IC23-1.007;' . ;,.; .. •(A) (2)',has been rssued'or be obtained for the same time and place ,fi' y �8 t'�. .(6) upon'fmding such'temporaryanlun d ;1; • ited sµspension would be in:the pith 'c inWrest ; i and would further McCal1's ecorl uc S ,ibeing�tordevelopment and' i(c), upon providing theCityerk,4with°a; i certifcateofinsuranceshowuigtIhe Cityzs 4iadditionalnsuredonali4uorlilitypolipV , 5 w}tti a `comb}ned single liinrt m ,ari V unt t `_•gtisfactory to: the CityClerk butonly When; `.'and: wheXe;such -suspension is requested in;.. conjunction:with' public'`activitieSi orievents's sponsored or :conducted:by faiilezempirnon profitorganizaton (as'defined in'Seetion 4.3 7 of this Code),.; y :.;' "Section 2: This Ordinance shalt be iii full force and effect from?and'after;:its passage,,. .: approvar and publication as required by law.:?,, `.- Passed and approved December 12; 2002: Ra1ph.Colton, Mayor F ':, ATTEST;CathleenKoch,CityClerk ltcl2/. fa