Ordinance - 2011 - 629 - Amend Title 3/Liquor Hours Of Sale - 02/08/2011 ORDINANCE NO. 629
AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 3, CHAPTER 2C, SECTION
10 "HOURS OF SALE"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
CODIFICATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle is a municipal corporation operating under the laws of the
state of Idaho; and
WHEREAS, Idaho Code §23-927(2) authorizes cities to regulate by ordinance the sale of
liquor by the drink;
WHEREAS, the Idaho Legislature amended Idaho Code §23-927 in 2008 to eliminate the
prohibition of sales of liquor by the drink on any day of a primary or general election
until after the time when the polls are closed; and
WHEREAS, the Mayor and City Council of the City of Eagle deem it to be in the public
interest to amend its ordinance regulating the retail sale of liquor by the drink to
incorporate the amendments adopted by the Legislature.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, IDAHO as follows:
Section 1: That Title 3, Chapter 2C, Section 10, Eagle City Code be, and hereby is
amended, as follows:
3-2C-10: HOURS OF SALE:
No liquor shall be sold, offered for sale, or given away upon any licensed premises, and
all liquor not in sealed bottles must be locked in a separate room or cabinet, during the
following hours:
A. Sunday, Memorial Day, Thanksgiving and Christmas from two o'clock (2:00) A.M. to
ten o'clock (10:00) A.M. the following day.
B. On any other day between two o'clock(2:00) A.M. and ten o'clock (10:00) A.M.
ttre-elosed
Any patron present on the licensed premises after the sale of liquor has stopped as
provided above shall have a reasonable time, not to exceed thirty (30) minutes, to
consume any beverages already served.
Any person who consumes or intentionally permits the consumption of any alcoholic
beverage upon licensed premises after the time provided for above shall be guilty of a
misdemeanor.
It shall be the duty of every person who is employed at or upon a licensed premises or
who owns or manages a licensed premises and is present upon the licensed premises
during the hours and at the time set forth in this section to lock up and keep locked up in
a locked room or locked cabinet all unsealed containers of liquor during the hours and at
the times set forth in this section, and any such person who fails to perform the duty
provided herein shall be guilty of a misdemeanor. (Ord. 146, 11-15-1988)
Section 2: If any part of this ordinance shall be held unconstitutional or void, such part
shall be deemed separable and its invalidity shall not affect the remaining parts of the
ordinance.
Section 3: The City Clerk is instructed to immediately forward this ordinance to the
codifier of the official municipal code for proper revision of the code.
Section 4: That this Ordinance, or a summary thereof in compliance with Section 50-
901A, Idaho Code, shall be published once in the official newspaper of the City, and shall
take effect immediately upon its passage, approval, and publication.
PASSED AND ADOPTED by the Council of the city of Eagle, Idaho this E. day of
February, 2011.
APPROVED by the Mayor of the City of Eagle, Idaho this 22k day of February, 2011.
( 4u/t /0 eirg4
mes D. Reynolds,
ayor
ATTEST:
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Sharon K. Bergmann,
City Clerk/Treasurer
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CITY OF EAGLE
rEb :) 2011
Valley Times File:____________
P.O. Box 1790-Eag le, Idaho 83616 Route to:.-_____
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LEGAL ADVERTISING PROOF OF PUBLICATION
F- o rd.--4:"-- L e 1. . ‘ Z 9
Account C+ r l L `� l c Identification:
Address:
� Go l= C�`vCc. Lc,.,e Run Dates: -- 14 2 11
Number Lines I H Amount
Attention: Other
Frank Thomason, being dull sworn, deposes
ORDINANCE NO.629 -t�l-t l and says: That he is the Principal Clerk of
AN ORDINANCE AMENDING EAGLE CITY CODE published at
10 "HOURS OF SALE"; PRbVIDRYG A SEVERAgILITy CLAUSE; PROVDDNo A ey Times, a weekly newspaper pu
CODIFICATION CLAUSE;AND PROVIDING AN CHAPTER�'SECTION
le, Ada County, State of Idaho; that the said
ELI EFFECTIVE DATE. ywspaper is in general circulation in the said
sWHEREA , icy Eagle is a municipal corpo on operating under the laws of ;aunty of Ada, and in the vicinity of Meridian,
;ar, and Eagle, and has been uninterruptedly
WHEREAS,Idaho Code§23-927(2)authorizes �to re published in said County during a period of
liquor by the drink; regulate by ontinence the sale of tnty-eight consecutive weeks prior to the first
WHEREAS,the Idaho Legislature ion of this notice, a copy of which is attached
prohibition of sales of liquor by drink Idaho Code§23-927 in 2008 to eliminate the hereto, and that the notice was published in anY until after the time when the polls arse closed;an �of a primary or S feral election by Times, in conformity with Section 60-108,
Arty patron present on the licensed premises after the sale of liquor has stopped as Idaho Code, as amended, for 1 time(s)
provided above shall have a reasonable time, not to exceed thirty (30) minutes, to he regular and entire issue of said paper, and
consume any already sere. printed in the newspaper proper, and not in a
Any person who consumes or intentionally permits the consumption of any alcoholic pplement; and that said notice was published
beverage upon licensed premises after the time provided for above shall be guilty of a- on the following dates:
misdemeanor.
It shall be the duty of every person who is employed at or upon Beginning
F-4),-.,w,,- i '-1 ?_.e)1 I
boy prrn a licensed premises or
who owns or manages a licensed premises and is present upon the licensed premises
2
during the hours and at the time set forth in this section to lock up and keep locked up in
a locked room or locked cabinet all unsealed manainers of liquor during the hours and at
the times set forth in this section,and any such person who fails to perform the duty Ending Fe_lo ti"Y 11-i , 7 lJ l I
provided herein shall be guilty of a misdemeanor,(Ord.146,11-15-1988)
Section 2: If any part of this ordinance shall be held unconstitutional or void,such part n ��`� mow` CA"-
shall be deemed separable and its invalidity shall not affect the remaining parts of the
ordinance.
STATE OF IDAHO }
Section 3: The City Clerk is instructed to immediately forward this ordinance to the COUNTY OF ADA
eodifier of the official municipal code for proper revision of the code, 4,day section 4: Thai this Oreiioardce,or a is of ./�= in the year of 2011
summary thereof in compliance with Section 50- ,f�me, a Notary Public, personally appearea
901A,Idaho Code,shall be published once in the official newspaper of the City,and shall '
take effect immediately upon its passage,approval,and publication. son, known or identified to me to be the person
se name is subscribed to the within instrument,
PASSED AND ADOPTED by the Council of the city of Eagle,Idaho this !sue day of I being by m' t duly sworn, declared that the
February,2011. erein are ir_ r: • acknowledged to me that
APPROVED by the Mayor of the City of Eagle,Idaho this gild day of February,2011. he executed the same.
I,- / Notary Public for Idaho
Residi at , ID
1 I ,es D.Reynolds, My Commission expires:
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ATTEST: 4ONNA0 %
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Sharon .Bergmann, d_\ E9O 4+°
City Clerk/Treasurer rk/Treasurer 1,IP?. °Q "
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