Ordinance - 1998 - 323 - Amending Title 3/Business License Regulations - 05/12/1998ORDINANCE #323
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING
EAGLE CITY CODE TITLE 3 "BUSINESS AND LICENSE REGULATIONS", BY
ADDING CHAPTER 2, ARTICLE D POSSESSION OF AN OPEN CONTAINER OF
ALCOHOL BEVERAGE IN PUBLIC PLACES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Eagle wishes to preserve the peace within the city limits,
and;
WHEREAS, the City of Eagle wishes to protect the welfare and safety of those
who live in and visit the city.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, ADA COUNTY, IDAHO:
Section 1: Eagle City Code, Title 3, Chapter 2, be and is hereby added, to
read as follows:
CHAPTER 2
ARTICLE D. POSSESSION OF AN OPEN CONTAINER OF
ALCOHOLIC BEVERAGE IN PUBLIC PLACES
Section 1: DEFINITIONS:
For purposes of this Ordinance, the following definitions shall apply:
ALCOHOLIC BEVERAGE: Any beverage containing alcohol, including beer
and wine as defined hereinafter by this chapter.
BEER: Any beverage obtained by alcoholic fermentation of an infusion or
decoction of barley, malt, and/or other ingredients in drinkable water.
CONTAINER: Any receptacle capable of holding or storing liquid.
LIQUOR: Any beverage as defined in Idaho Code Section 23-105.
PARKING LOT: Any place maintained for the outdoor parking of motor
vehicles.
PERSON: Any individual, firm, co -partnership, association, corporation, or any
group or combination acting as a unit.
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STREET: Entire width between the boundary lines of every way or place open to
the public for motorized or non -motorized vehicular travel, including any
sidewalk or way intended for pedestrian travel.
WINE: Any beverage obtained through fermentation of the natural sugar content
of fruits or other agricultural products containing sugar whether or not other
ingredients are added.
All other words and phrases used in this Chapter, the definition of which is not
herein given shall be given their ordinary and commonly understood and accepted
meaning.
Section 2: UNLAWFUL TO HAVE POSSESSION OF AN OPEN
CONTAINER: Except as otherwise permitted by statute or ordinance, it shall be
unlawful for any person to have in his or her possession any open container of any
alcoholic beverage in any of the following areas:
1. On any street;
2. In any public or private parking lot if open to the public;
3. In or upon any public or private motor vehicle;
4. Upon any public or private property if open to the public; and
5. Within the Eagle City Park System, it shall only be unlawful to
possess or consume any alcoholic beverage upon any street, parking lot or
restroom.
Section 3: UNLAWFUL TO CONSUME ALCOHOLIC BEVERAGES:
Except as otherwise permitted by statute or ordinance, it shall be unlawful for any
person to consume any alcoholic beverage in any of the following areas open to
the public:
1. On any street;
2. In any public or private parking lot;
3. In or upon any public or private motor vehicle;
4. Upon any public or private property if open to the public; and
5. Within the Eagle City Park System, it shall be unlawful to possess
or consume any alcoholic beverage upon any street, parking lot or
restroom.
Section 4: PERMITS:
A. Possession or consumption of alcohol shall be allowed at the City
Council's discretion in any of the prohibited areas in Sections 2 and 3, upon
obtaining a permit as set forth below. Within the Eagle City Park system permits
shall be required for the possession of more than seven and one-half gallons of
alcoholic beverages.
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B. An applicant for such permit shall make application to the City
Clerk, remit a $20.00 fee, and comply with all rules and regulations related to
such use. When the City Clerk determines that the application is complete, the
City Clerk shall present the application to the City Council at its regular meeting
for approval. Such permits shall be at the discretion of the City Council and shall
be denied upon the City Council finding the public health, safety or welfare will
be adversely affected upon granting of the permits.
Section 5: EXCEPTIONS:
A. Possession or consumption of an alcoholic beverage shall be
allowed within the Eagle City Park System except upon any street, parking lot, or
restroom within a City Park.
Section 6: VIOLATION AND PENALTY:
A. Any person violating any of the provisions of this Article shall be
guilty of a misdemeanor and punished as provided in Section 1-4-1 of this Code.
Section 2: This ordinance shall take effect and be enforce from and after its
passage, approval, and publication as required by law. In lieu of publication of the
Ordinance, a summary thereof in compliance with Section 50-901A Idaho Code, may be
published.
DATED this 12t day of May, 1998.
ATTEST:
CITY OF EAGLE
Ada Count Idaho
Shari K. Smith, City Clerk
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Page 3 or 3
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The Valley News, P.O. Box 299, Meridian, Idaho 83680
Affidavit of PublQ tion
STATE OF IDAHO
COUNTY OF ADA
Tim Frates
} SS.
Notice of Public Hearing
TITLE OF PUBLICATION
CITY OF EAGLE, ID
PLAINTIFF OR LEGAL AGENT
deposes and says:
That I am the Publisher of VAL
weekly newspaper published at Meridian, in the County of
Idaho; that said newspaper has been and is in general circu
aforesaid, and in the vicinity of Meridian; that the advertis(
is attached hereto, was published in said newspaper once a
consecutive weeks in the regular and entire issue of
period and time of publication, and was published in the ni
not a supplement; that said paper has been established and i
Copy of Notice
(First Copy)
CITY OF EAGLE
ADA COUNTY, IDAHO
LEGAL NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN tl- tat the Eagle City Council will hold a public hear-
ing on May 12, 1998, at 7:30 p.m. at the Eagle City Hall, 310 E. State Street, Eagle,
Idaho. The purpose of the hearing is to consider a new permit fee for the individual
possession of more than seven orad one-half gallons of alcoholic beverage and to
explain the reasons for such fee. "The proposed new fee is set forth below:
FEE
Permit for individual possessior t of more
than 7 1/2 gallons of alcoholic b everage $20.00
WRFI"1'EN COMMENTS will he accepted until 5:00 p.m. on the day of the hear-
ing. Qualified individuals who n eed accessible communication aids and services or
other accommodations to partir.:ipate in programs and activities are invited to make
your needs and preferences known to the 501/ADA Coordinator (Eagle City Clerk).
Please give us at least threr. to five days advance notice so we can adequately meet
your needs.
L -294E May 1 and May 8, 1998
more than seventy-eight consecutive weeks prior to the date of first publication of
said advertisement.
Such notice was published in the issue beginning with
19 98 and ending with the issue of May 8
19 98
X d'
STATE OF IDAHO
COUNTY OFA ADA
On this 3N1 day of
June
May 1
in the year of 1998 before me, a Notary
Public, personally appeared Tim Frates , 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
mosse
acknowledged to me that he/she executed
the
sam, e. ' ,s*s ssaiONS `�
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Notary Public for Idaho
1i -o1
STATEMENT
Valley News
Meridian, Idaho
Number of Lines 20 LINES
Number of Insertions 2
20 Lines @ $ 1.50 $ 30.00
20 Lines @ $1.25 $ 25.00
TOTAL COST
WILL BE $ 55.00
NO. L-294 E
The Valley News, P.O. Box 299, Meridian, Idaho 83680
Affidavit of PubliOtion
STATE OF IDAHO
COUNTY OF AI'
Tim Frates
deposes and says:
That I am the
weekly newspaper
Idaho; that said nt
aforesaid, and in t
is attached hereto,
consecutive
period and time of
not a supplement;
more than seventy
said advertisement
Such notice was p1
and eni
19 98
19 98
X
STATE OF IDAHC
COUNTY OF AD?
On this ''ettr da
Public, personally a
to me to be the pers
being by me first du
acknowledged to nu
88.
'Copy . -of Notice
gitit Copy)
ORDINANCE # 323
CITY OF EAGLE, ID
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING EAGLE CITY CODE TITLE 3 `BUSI-
NESS AND LICENSE REGULATIONS", BY ADDING CHAPTER 2, ARTICLE D POSSESSION OF AN OPEN CONTAIN-
ER OF ALCOHOL BEVERAGE IN PUBLIC PLACES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle wishes to preserve the peace within the city limits, and;
WHEREAS, the City of Eagle wishes to protect the welfare and safe `y of those who live in and visit the city.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, ADA
COUNTY, IDAHO:
Section 1: Eagle City Code, Title 3, Chapter 2, be and is hereby added, to read as follows:
CHAPTER 2 •
ARTICLE D. POSSESSION OF AN OPEN CONTAINER OF
ALCOHOLIC BEVERAGE IN PUBLIC PLACES
My G
Number of Lines .
Number of Insertion:
69 Lines @
Lines @
TOTAL COST
WILL BE
Section 1: DEFINITIONS:
for purposes of this Ordinance, the following definitions shall apply:
ALCOHOLIC BEVERAGE: Any beverage containing alcohol, including beer and wine as defined hereinafter by this c14 -
ter.
BEER: Any beverage obtained by alcoholic fermentation of an infusion or decoction of bailey, malt, and/or other ingredients
in drinkable water.
CONTAINER: Any receptacle capable of holding or storing liquid.
LIQUOR: Any beverage as defined in Idaho Code Section 23-105.
PARKING LOT: Any place maintained for the outdoor parking of motor vehicles.
PERSON: any individual, firm, co -partnership, association, corporation, or any group or combination acting as a unit.
STREETS Entire width between the boundary lines of every way or place open to the public for motorized or non -motorized
vehicular travel, including any sidewalk or way intended for pedestrian travel.
WINE: Any beverage obtained through fermentation of the natural sugar content of fruits or other agricultural products cdn-
taining sugar whether or not other ingredients are added.
All other words and phrases used in this Chapter, the definition of which is not herein given shall be given their ordinary and
commonly understood and accepted meaning.
Section 2: UNLAWFUL TO HAVE POSSESSION OF AN OPEN CONTAINER: Except as otherwise permitted by statute
or ordinance, it shall be unlawful for any person to have in his or her possession any open container of any alcoholic beverage
in any of the following areas:
1. On any street;
2. In any public or private parking lot if open to the public;
3. In or upon any public or private motor vehicle;
4. Upon any public or private property if open to the public; and
5. Within the Eagle City Park system, it shall only be unlawful to possess or consume any alcoholic beverage upon any street,
paring lot or restroom.
Section 3: UNLAWFUL TO CONSUME ALCOHOLIC BEVERAGES: Except as otherwise permitted by statute or ordit
nance, it shall be unlawful for any person to consume any alcoholic beverage in any of the following area open to the public:
1. On any street;
2. In any -public or -private parking lot;
3. In or upon any public or private motor vehicle;
4. Upon any public or private property if open to the public; and
5. Within the Eagle City Park System, it shall be unlawful to possess or consume any alcoholic beverage upon any street,
parking lot or restroom.
Section 4: PERMITS.
A. Possession or consumption of alcohol shall be allowed at the City Council's discretion in any of the prohibited areas in
Sections 2 and 3, upon obtaining a permit as set forth below. Within the Eagle City Park system permits shall be required for the
possession of more than seven and one-half gallons of alcoholic beverages.
•
B. An applicant for such permit shall make applications to the City Clerk, remit a $20.00 fee, and comply with all rules and
regulations related to such use. When the City Clerk determines that the application is complete, the City Clerk shall present the
application to the City Council at its regular meeting for approval. Such permits shall be at the discretion of the City Council and
shall be denied upon the City Council finding the public health, safety or welfare will be adversely affected upon granting of the
permits.
Section 5: EXCEPTIONS:
A. Possession or consumption of an alcoholic beverage shall be allowed within the Fagle City Park System except upon any
street, parking lot, or restroom within a City Park.
Section 6: VIOLATION AND PENALTY:
A. Any person violating any of the provisions of this Article shall be guilty of a misdemeanor and punished as provided in
Section 1-4-1 This
the Code.
Section 2: l his ordinance Shall take effect and be enforce from all air it§ paste, opproY1, and publieali°n as required by
law. In lieu of publication of the Ordinance, a summary thereof in compliance with Section SO -901A Idaho Code, may be pub-
lished.
Dated this 12th day of May, 1998.
CITY OF EAGLE
Ada County, Idaho
/s/Rick Yzaguirre, Mayor
■ _T_rCC'r. ',Mt.ume. Y Cmith City Clerk