HomeMy WebLinkAboutOrdinance 88- 1264 Repeals §§ 9.82.010 and 9.82.020, presence in commercial liquor establishments
ROBIN L. SULLIVAN
Clerk of the Commission
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ORDINANCE NO. 1264
AN ORDINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA, REPEALING
ORDINANCE NO. 723 AS CODIFIED IN SECTION 9.82.010 AND 9.82.020 OF THE
BOZEMAN MUNICIPAL CODE.
WHEREAS, the Attorney General of the State of Montana in Volume No. 41, Opinion No.
84 of the Attorney General's Opinion of the State of Montana has determined that an incorporated
city cannot prohibit the presence of minors from businesses selling alcoholic beverages for
consumption as the authority to enact and enforce liquor laws has been preempted by the State
of Montana; and
WHEREAS, an opinion of the Attorney General has the effect of law unless expressly
overruled by the District Court or Supreme Court, 92-15-501 (7) and State, ex rei. Ebel v.
Schye, 130 Mont. 537, 305 P2d. 350 (1956); and
WHEREAS, 99.82.010 and 9.82.020 of the Bozeman Municipal Code are in conflict with the
foregoing Attorney General's Opinion as the ordinances prohibit minors from entering places
where liquor is sold by the drink and lay criminal responsibility on the bar owner or employees
for violation.
NOW, THEREFOR, be it ordained by the Commission of the City of Bozeman, Montana,
that Ordinance No. 723, Sections 1 and 2 as codified in z9.82.010 and 9.82.020 respectively is
hereby repealed.
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PROVISIONALLY PASSED AND ADOPTED at the regular meeting of the City Commission of
the City of Bozeman held on the 25th day of July, 1988.
ALFRED M. STIFF
Mayor
ATTEST:
FI NALLY PASSED AND ADOPTED at the regular meeting of the City Commission of the
City of Bozeman held on the 8th day of August, 1988.
ALFRED M. STIFF
Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
State of Montana
County of Gallatin ss
City of Bozeman
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify
that the foregoing Ordinance No. 1264 was published by title number in the Bozeman Daily
Chronicle, a newspaper of general circulation printed and published in said City, in the issue
dated the 11th day of August, 1988, and said proof of publication is on file in my office.
I N WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office.
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ROBIN L. SULLIVAN
Clerk of the Commission
ORD I NANCE NO. 1264