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HomeMy Public PortalAboutOrd. 834 - City Alcohol Beverage LicensesTitle 4, Business Regulations, City of McCall ORDINANCE NO. 834 AN ORDINANCE AMENDING THE McCALL CITY CODE, CORRECTING INCONSISTENCIES IN THE WORDING IN SECTIONS 05.A.3., 05.A.3.a. AND 05.A.3.b. OF CHAPTER 1 TITLE 4 BUSINESS REGULATIONS OF THE McCALL CITY CODE CONCERNING QUALIFICATIONS FOR CITY ALCOHOL BEVERAGE LICENSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 26, 2006 the Mayor and Council of the City of McCall adopted Ordinance No. 829 repealing Chapters 1, 2, 8, and 9 of Title 4 Business Regulations of the McCall City Code and reenacting said Chapter 1 of Title 4 Business Regulations; and WHEREAS, inconsistencies were found in the wording in the Qualifications section of Chapter 1 of Title 4 Business Regulations of the McCall City Code, and WHEREAS, the Mayor and Council of the City of McCaII now desire to correct the inconsistencies in the wording in the Qualifications section of Chapter 1 of Title 4 of the McCall City Code, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AS FOLLOWS: Section 1: McCall City Code Section 4.1.05, relating to qualifications, in order to be consistent with itself, is amended as follows: A. No person shall sell or dispense alcoholic beverages at retail until licensed in accordance with the provisions of this Chapter, and no retailer's license shall be issued to any applicant, or such license transferred to any person, including the executor, administrator or trustee in bankruptcy of the estate of the holder of a retail license, when that person: 1. Is under the age of twenty one (21) years; 2. Is not the bona fide owner of such business; 3. Is not a citizen of the United States, or has not been a bona fide resident of the State for at least thirty (30) days next preceding the date of application for a license, provided, that if the applicant is: a. A partnership, all members thereof shall be citizens of the United States or have been residents of the State for at least thirty (30) days preceding the date of application for a license; or b. A corporation or association, it must be organized under the laws of the State or qualified under the laws of the State to do business in the State and the principal officers and the members of the governing Chapter 1, Alcoholic Beverages Page 1-1 City of McCall April 12, 2007 Title 4, Business Regulations, City of McCall board must be citizens of the United States or residents of the State for at least thirty (30) days next preceding the date of application for such license; Section 2: This Ordinance shall be in full force and effect within the City of McCall from and after its passage, approval, and publication as required by law. PASSED BY THE COUNCIL OF THE CITY OF MCCALL, IDAHO, THIS 12th DAY OF APRIL, 2007. APPROVED BY THE .Y.©li,1OF THE CITY OF MCCALL, IDAHO, THIS 12th DAY OF APRIL, 2007. ®eQ4,. Cgs L AL "..,. c. ®9�, fit/ sjAL Z.")' a A�v O ®'� i m�' '•.® .,,V4F Wi iam A. Robertson, Mayor ATTEST: J nne E. York, C y Clerk Approv-d: Page 1-2 Chapter 1, Alcoholic Beverages April 12, 2007 City of McCaII 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. 8 3,1 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on A r , l r a, , aoo -1 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 i -rt, day of ARri l ao 0'7 •• CALL ''. �e ® ce ®J � S�p'L• :* w �. Joanne E. York, City Clerk 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 Val- ley, 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 publication of such notice began began May 3, 2007 and ended May 3, 2007. Subscribed arfd'sworn befdie me this the 3rd day of May, 2007. STATE OF IDAHO }COUNTY OF VALLEY On this 3rd day of May, in the year of 2007, 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 2/8/12 ORDINANCE NO :8;34 ANOIZDTNANCEA,MENDING flit: ;,' McCALL CITY CODE, CORRECTING INCONSISTENCIES IN THE ING IN - SECTIONS 05 A 3: 05'.A.3 a AND '05A'3 b O1? 1!TITLE':, 4 BUSINESS AEGOF"THE: MCCALL'•CTTY CODE CONCERNING QUALIFICATIONS FOR CI1 Y ALCO- HOL BEVERAGE LICENSES AN17 PROVIDING AN ELFLCTIVE DATE>; WHEREAS on October 26 2006 the Mayor and Council.•of the City of McCall adopted Ordinance No 829 repealing Chapters 1 2, $ and 9 of Title 4,Business'. Regulations of the'McCa11 City Code:and reenacting said Cltapter`1 ofTtde 4 ness Regulattons {and WHEREAS inconsistencies were found in the wording in the Qualifications section of, Chapter l of Title 4 B;usvtaess Regulations of the McCall:. City Code, and WHEREAS the Mayor and Council of .thel City of McCall now desire to cor- rect the inconsisten Gies in the wordinein. the Qualifications section bf Chapter 1 of Title 4.a. the Mcda1l City Code NOW, THEREFORE BE rr OR DAINED; BY THE MAYOR AND COUNCIL OF TUE CITY OF: CALL, VALLEY'•COUNT, Y, ID H , AS F'OL- • Section 1 McCall CityG. ode'Section 4.1 05 relating to qualifications in order to be consistent with itself is'•amendedas follows; ; i A. No person shall sell or disppeense al- coholic beverages .at retail untilPheensed in accordance with:the provisions of0is Chapter, and no, retailers hcenseishall:be; issued to any applicant, or -snch license transferred to any person,. including the executor, administrator oF_ trustee inI bankruptcy of the estate of the holder:0,a retail license, when that person. 1.. Is; undertheage of twenty one (21) years; • 2 Is ntit die bona fidekowner of sui business; 3 'Is not a citizen of the United States or has not been a bona: rfe resident of'. the State ,for nt least'thirty (330) days next; preceding the date of appliratron for ali :. _. cense xprovtdec , that if tite apppltc ntts a A partnership all iiiombers ,thttreof shall }be citizens of tiie United Stares. or have been residents of !the Stat . for at, least ,thirty (30) trays preeedh1g th date,':% of application forla libense, nor • b. Ai corporatxon or.:; association must be organized under,`the laws of State;or qualifedrunder.the laws of State'to do business in the State afin,;u principal officers and the merpbers ofth, governing board must be citizens of the :: Uxuted,,States or'resXdents ofthe tate for.: at least thirty 30) days. next preceding the4ate of apptfi`cahon forsuch. License, «, Section 2 This -Ordinance shall' be iii full force and effect within the City of Mc- Ca11 fromfand after its passage; appreval, and pt(bhcahoh as require l • PASSED B lam; CITY Op' s3vl THIS 12th DAY OFAPRIL 200 A?PROVBD:' 13Y THE MA OF THry CTr OF $MCC:, ? 1D1 THIS 12th D, Approved son Mayor AT l doavne E York City.Clerk ltc5/3