CITY OF HOMER
HOMER, ALASKA

City Manager/City Clerk

ORDINANCE 08-58

 

AN ORDINANCE AMENDING HOMER CITY CODE 4.01.080 TO PERMIT SALES OF ALCOHOLIC BEVERAGES IN THE CITY ON ALL STATE AND LOCAL ELECTION DAYS.

 

WHEREAS, AS 04.16.070(a) prohibits the sale, barter, giving, consuming, or disposal of alcoholic beverages within licensed premises on a state or municipal election day until the polls have closed; and

WHEREAS, AS 04.16.070(b) permits the City to provide by ordinance that the provisions of AS 04.16.070(a) do not apply in the City; and

WHEREAS, HCC 4.01.080 presently provides both that the sale of alcoholic beverages is lawful during elections held within City limits, and that the provision of AS 04.16.070(a) prohibiting sales of alcoholic beverages on municipal election days does not apply in the City, leaving it unclear whether the provision of AS 04.16.070(a) prohibiting sales of alcoholic beverages on state election days applies in the City; and

WHEREAS, HCC 4.01.080 should be amended consistently with AS 04.16.070(b) to provide that the prohibition in AS 04.16.070(a) on the sale of alcoholic beverages on both state and municipal election days does not apply within the City.

THE CITY OF HOMER HEREBY ORDAINS:

 

            Section 1.  Homer City Code Section 4.01.080 is hereby amended to read as follows:

 

4.01.080 Sale of alcoholic beverages permitted. The provisions of AS 04.16.070(a) prohibiting the sale of alcoholic beverages within licensed premises on state or municipal election days until the polls have closed do not apply in the city, as authorized by AS 04.16.070(b).

            Section 2.  This ordinance shall take effect upon its adoption by the Homer City Council.

 

            Section 3.  This ordinance is of a permanent and general character and shall be included in the city code. 

 

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this 8th day of December, 2008.

 

 

 

 

 

CITY OF HOMER

 

 

_____________________________
JAMES C. HORNADAY, MAYOR

 

ATTEST:



______________________________

JO JOHNSON, CMC, CITY CLERK

 

 

AYES:

NOES:

ABSTAIN:

ABSENT:

 

First Reading:

Public Reading:

Second Reading:

Effective Date:

 

 

Reviewed and approved as to form:

 

 

                                                                                                                                               
Walt Wrede, City Manager                                           Thomas F. Klinkner, City Attorney

 

Date: _________________________                         Date: _________________________