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HomeMy WebLinkAboutOrdinance 942 and Proposed bill 1128 IPM.Note Ordinance 942 and Proposed bill 1128 Blair Kay McGary, Stephen Blair Kay SMTP MCGARYS@byui.edu Ordinance 942 and Proposed bill 1128 EX /O=REXBURGCITYMAIL/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=BLAIRK EX /O=REXBURGCITYMAIL/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=BLAIRK Received: from mail.rexburg.org (10.10.0.3) by vaca.ci.rexburg.id.us (10.10.0.222) with Microsoft SMTP Server id 8.1.436.0; Wed, 18 Mar 2015 08:45:58 -0600 X-ASG-Debug-ID: 1426689941-02b3ec6b47244a50001-zDNSsr Received: from na01-bn1-obe.outbound.protection.outlook.com (mail-bn1bon0136.outbound.protection.outlook.com [157.56.111.136]) by mail.rexburg.org with ESMTP id S9Pkrgo7qrCXfZGs for <Blair.Kay@rexburg.org>; Wed, 18 Mar 2015 08:45:42 -0600 (MDT) X-Barracuda-Envelope-From: MCGARYS@byui.edu X-Barracuda-Apparent-Source-IP: 157.56.111.136 Received: from BL2PR01MB404.prod.exchangelabs.com (10.141.90.155) by BL2PR01MB404.prod.exchangelabs.com (10.141.90.155) with Microsoft SMTP Server (TLS) id 15.1.106.15; Wed, 18 Mar 2015 14:45:37 +0000 Received: from BL2PR01MB404.prod.exchangelabs.com ([10.141.90.155]) by BL2PR01MB404.prod.exchangelabs.com ([10.141.90.155]) with mapi id 15.01.0106.007; Wed, 18 Mar 2015 14:45:37 +0000 From: "McGary, Stephen" <MCGARYS@byui.edu> To: "Blair Kay (Blair.Kay@rexburg.org)" <Blair.Kay@rexburg.org> CC: "mcgarysd@cableone.net" <mcgarysd@cableone.net> Subject: Ordinance 942 and Proposed bill 1128 Thread-Topic: Ordinance 942 and Proposed bill 1128 X-ASG-Orig-Subj: Ordinance 942 and Proposed bill 1128 Thread-Index: AdBhibRR/N7j7YaGSemV5JEBAzx/xg== Date: Wed, 18 Mar 2015 14:45:37 +0000 Message-ID: <BL2PR01MB404006E38D4684D80755B13D7000@BL2PR01MB404.prod.exchangelabs.com> Accept-Language: en-US Content-Language: en-US X-MS-Has-Attach: yes X-MS-TNEF-Correlator: x-originating-ip: [157.201.87.77] authentication-results: rexburg.org; dkim=none (message not signed) header.d=none; x-microsoft-antispam: UriScan:;BCL:0;PCL:0;RULEID:;SRVR:BL2PR01MB404; x-forefront-antispam-report: BMV:1;SFV:NSPM;SFS:(10019020)(6009001)(164054003)(46102003)(19300405004)(77096005)(15975445007)(102836002)(66066001)(75432002)(89122001)(229853001)(77156002)(110136001)(6 2966003)(90282001)(54356999)(33656002)(88552001)(50986999)(40100003)(122556002)(19580395003)(99936001)(86362001)(551944002)(5890100001)(92566002)(74316001)(19625215002)(16236675004)(87936001)(2656002 )(7059030);DIR:OUT;SFP:1102;SCL:1;SRVR:BL2PR01MB404;H:BL2PR01MB404.prod.exchangelabs.com;FPR:;SPF:None;MLV:sfv;LANG:en; x-microsoft-antispam-prvs: <BL2PR01MB404C9626D08C373F55D6DB8D7000@BL2PR01MB404.prod.exchangelabs.com> x-exchange-antispam-report-test: UriScan:; x-exchange-antispam-report-cfa-test: BCL:0;PCL:0;RULEID:(5002010)(5005006);SRVR:BL2PR01MB404;BCL:0;PCL:0;RULEID:;SRVR:BL2PR01MB404; x-forefront-prvs: 051900244E Content-Type: multipart/mixed; boundary="_004_BL2PR01MB404006E38D4684D80755B13D7000BL2PR01MB404prodex_" MIME-Version: 1.0 X-OriginatorOrg: byui.edu X-MS-Exchange-CrossTenant-originalarrivaltime: 18 Mar 2015 14:45:37.3495 (UTC) X-MS-Exchange-CrossTenant-fromentityheader: Hosted X-MS-Exchange-CrossTenant-id: e6ac1d1f-d695-4ef1-91d4-94cddef8be11 X-MS-Exchange-Transport-CrossTenantHeadersStamped: BL2PR01MB404 X-Barracuda-Connect: mail-bn1bon0136.outbound.protection.outlook.com[157.56.111.136] X-Barracuda-Start-Time: 1426689942 X-Barracuda-URL: https://10.10.0.3:443/cgi-mod/mark.cgi X-Barracuda-BRTS-Status: 1 X-Virus-Scanned: by bsmtpd at rexburg.org X-Barracuda-Spam-Score: 0.00 X-Barracuda-Spam-Status: No, SCORE=0.00 using global scores of TAG_LEVEL=3.5 QUARANTINE_LEVEL=1000.0 KILL_LEVEL=4.0 tests=HTML_MESSAGE X-Barracuda-Spam-Report: Code version 3.2, rules version 3.2.3.16857 Rule breakdown below pts rule name description ---- ---------------------- -------------------------------------------------- 0.00 HTML_MESSAGE BODY: HTML included in message Return-Path: MCGARYS@byui.edu McGary, Stephen SMTP MCGARYS@byui.edu mcgarysd@cableone.net Blair Kay Ordinance 942 and Proposed bill 1128 Good morning Blair, Will you see that the attached document be circulated to the City Council and Mayor? I would like to have this entered into the public hearing portion of the city council meeting this evening. Will you let me know if I need to send this individually to the council members and mayor? I have also pasted the text of the document in case it can’t be opened. Thanks, Stephen McGary March 18, 2015 To Rexburg City Mayor Woodland and Members of the City Council. RE: Consideration of Proposed Bill 1128 I am opposed to proposed Bill 1128 as presented by City attorney Zollinger. The bill proposes to eliminate the restriction of selling alcoholic beverages on Sunday and to consolidate Ordinances 341, 342, 445, and 942. In the March 4, 2015 City Council meeting, City attorney Zollinger and members of the City Council offered their opinions in favor of, against, or neutral to the proposed bill. As I read the minutes of that meeting and the discussion on this bill I observed the following reasons given in favor of the bill (I note that there were few opinions offered in opposition): 1. Allowing the sale of alcohol on Sunday is a simple way to manage the alcohol sales in Rexburg and is a mirror of the state statue. 2. Allowing the sale of alcohol on Sunday will help the City mitigate its struggles to bring hotels and family type restaurants to do business here. 3. Allowing the sale of alcohol on Sunday will have a positive impact on Rexburg’s economy. 4. Allowing the sale of alcohol on Sunday will be good for tourism and the economy. 5. Allowing the sale of alcohol on Sunday doesn’t do anything to the City of Rexburg; because liquor by the drink is not permitted in Rexburg. Note the common reasons given for eliminating the sale of alcohol on Sunday is business and money. One Councilperson stated that “…Rexburg wants to be known as America’s Family Community…” I would ask the Mayor and City Council, what it means to be known as America’s Family Community. The American Family Community was established on the values of Judeo-Christian beliefs and reverence toward God. Our nation was founded by individuals who were predominantly Christian and who infused those values into the Constitution and the culture of this nation. The City of Rexburg, this American Family Community was established on those same beliefs and values, perhaps even more than other city in our State and nation. At the beginning of each City Council meeting a prayer is offered, in which the City officers publically recognize and reaffirm our faith and trust in God. Generally the prayer will ask for His guidance and direction in administering the affairs of the City. In addition to the prayer those attending the meeting stand and pledge their allegiance to our nation that was created under the direction of God. We can do better than just give lip service to God and then do what we want to. One of the principles of the Judeo-Christian values that our City and nation were founded upon is simply stated as Remember the Sabbath Day to keep it holy. We cannot control if and when a business is open – indeed, that is the foundation for free enterprise. However, we have the moral obligation to identify what is offered for sale and when the sales can occur. That is why we have Ordinance 942. For six days individuals are able to buy alcohol. But on the Sabbath we can at least give up something as small as selling alcohol on that day. The Judeo-Christian God is not against business or industry. In fact He encourages us to be prosperous, to progress and to improve upon our endowed resources. However, He does have some restrictions related to our activities in our businesses. For example He wants us to be honest, to be ethical, and too be responsible and accountable for our actions. He wants us to observe the Sabbath day. History documents that drinking alcohol on the Sabbath was not acceptable, hence the origin to Ordinance 942 and other similar ordinances in other cities across this nation. I appreciate the view of the business owners and managers who want to sell alcohol on Sunday. I appreciate Mr. Barnard’s comments and letter. Corey and I are friends. I hope that our opposite views will not hinder our friendship. In Mr. Barnard’s comments he noted that many of the Sunday customers (50%) leave Applebee’s mad because they can’t have a glass of wine or beer. I would ask what about the other 50%? What are their feelings? I wonder what they are thinking. Consider the following scenario of a conversation and thoughts that could occur at Applebee’s with the “other 50%”: Guest: “…and I will have a glass of wine with my steak.” Waiter: “I’m sorry, we don’t sell wine or alcohol on Sunday.” Guest: “You don’t sell alcohol on Sunday? Is that an Applebee’s policy?” Waiter: “No, it is the City of Rexburg’s policy. You can buy alcohol on any other day of the week, but just not on Sunday.” Guest: “Oh that is interesting.” And then to the other guests “I wonder why the City of Rexburg has a policy that you can’t buy alcohol on Sunday.” And upon leaving Applebee’s as they are getting into their car and exit the parking lot they notice on the hill a big white building, silhouetted against the skyline. One of the guests turns to the other and says “I wonder what that beautiful white building is on the hill up there?” By amending the current law (Ordinance 942) to allow alcohol sales on Sunday will our city still be an American Family Community that reverences God? Perhaps with our focus on business, tourism, money, etc. we are distracted from becoming an American Family Community instead, becoming a community seeking after popularity and money. The Judeo-Christian principles also instruct us (our community) to be the salt of the earth! As the salt of the earth we are to live our religion, to be the savor in our communities and stand as witnesses of those truths. Just because our nation and our State are rapidly declining with respect to degenerating morals and eliminating the existence or reference to God publically, doesn’t mean we have to follow. We can be like the light on the hill, standing for right. We can take the higher road in this decision. We need to stand as witnesses of God and His laws at this time. I invite the council members to take that road and reject Bill 1128. With warm regards, Stephen McGary 915 Hillview Drive Rexburg, Idaho <BL2PR01MB404006E38D4684D80755B13D7000@BL2PR01MB404.prod.exchangelabs.com> Ordinance 942 and Proposed bill 1128.EML blairk@rexburg.org Internal en-US Code version 3.2, rules version 3.2.3.16857 Rule breakdown below pts rule name description ---- ---------------------- -------------------------------------------------- 0.00 HTML_MESSAGE BODY: HTML included in message No, SCORE=0.00 using global scores of TAG_LEVEL=3.5 QUARANTINE_LEVEL=1000.0 KILL_LEVEL=4.0 tests=HTML_MESSAGE https://10.10.0.3:443/cgi-mod/mark.cgi 0.00 by bsmtpd at rexburg.org 1426689942 mail-bn1bon0136.outbound.protection.outlook.com[157.56.111.136] 157.56.111.136 10 vaca.ci.rexburg.id.us 1426689941-02b3ec6b47244a50001-zDNSsr MCGARYS@byui.edu Ordinance 942 and Proposed bill 1128 [157.201.87.77] BMV:1;SFV:NSPM;SFS:(10019020)(6009001)(164054003)(46102003)(19300405004)(77096005)(15975445007)(102836002)(66066001)(75432002)(89122001)(229853001)(77156002)(110136001)(62966003)(90282001)(54356999)( 33656002)(88552001)(50986999)(40100003)(122556002)(19580395003)(99936001)(86362001)(551944002)(5890100001)(92566002)(74316001)(19625215002)(16236675004)(87936001)(2656002)(7059030);DIR:OUT;SFP:1102;S CL:1;SRVR:BL2PR01MB404;H:BL2PR01MB404.prod.exchangelabs.com;FPR:;SPF:None;MLV:sfv;LANG:en; byui.edu rexburg.org; dkim=none (message not signed) header.d=none; 051900244E UriScan:;BCL:0;PCL:0;RULEID:;SRVR:BL2PR01MB404; UriScan:; BCL:0;PCL:0;RULEID:(5002010)(5005006);SRVR:BL2PR01MB404;BCL:0;PCL:0;RULEID:;SRVR:BL2PR01MB404; 1 18 Mar 2015 14:45:37.3495 (UTC) Hosted e6ac1d1f-d695-4ef1-91d4-94cddef8be11 BL2PR01MB404 <BL2PR01MB404C9626D08C373F55D6DB8D7000@BL2PR01MB404.prod.exchangelabs.com> blairk@rexburg.org 00000003VACA/o=RexburgCityMail/ou=First Administrative Group/cn=Recipients/cn=blairk Blair Kay EX /O=REXBURGCITYMAIL/OU=First Administrative Group/cn=Recipients/cn=blairk Blair.Kay@rexburg.org Blair Kay mcgarysd@cableone.net SMTP mcgarysd@cableone.net mcgarysd@cableone.net mcgarysd@cableone.net City Council Alcohol Sales on Sunday March 2015.docx March 18, 2015 To Rexburg City Mayor Woodland and Members of the City Council. RE: Consideration of Proposed Bill 1128 I am opposed to proposed Bill 1128 as presented by City attorney Zollinger. The bill proposes to eliminate the restriction of selling alcoholic beverages on Sunday and to consolidate Ordinances 341, 342, 445, and 942. In the March 4, 2015 City Council meeting, City attorney Zollinger and members of the City Council offered their opinions in favor of, against, or neutral to the proposed bill. As I read the minutes of that meeting and the discussion on this bill I observed the following reasons given in favor of the bill (I note that there were few opinions offered in opposition): Allowing the sale of alcohol on Sunday is a simple way to manage the alcohol sales in Rexburg and is a mirror of the state statue. Allowing the sale of alcohol on Sunday will help the City mitigate its struggles to bring hotels and family type restaurants to do business here. Allowing the sale of alcohol on Sunday will have a positive impact on Rexburg’s economy. Allowing the sale of alcohol on Sunday will be good for tourism and the economy. Allowing the sale of alcohol on Sunday doesn’t do anything to the City of Rexburg; because liquor by the drink is not permitted in Rexburg. Note the common reasons given for eliminating the sale of alcohol on Sunday is business and money. One Councilperson stated that “…Rexburg wants to be known as America’s Family Community…” I would ask the Mayor and City Council, what it means to be known as America’s Family Community. The American Family Community was established on the values of Judeo-Christian beliefs and reverence toward God. Our nation was founded by individuals who were predominantly Christian and who infused those values into the Constitution and the culture of this nation. The City of Rexburg, this American Family Community was established on those same beliefs and values, perhaps even more than other city in our State and nation. At the beginning of each City Council meeting a prayer is offered, in which the City officers publically recognize and reaffirm our faith and trust in God. Generally the prayer will ask for His guidance and direction in administering the affairs of the City. In addition to the prayer those attending the meeting stand and pledge their allegiance to our nation that was created under the direction of God. We can do better than just give lip service to God and then do what we want to.< One of the principles of the Judeo-Christian values that our City and nation were founded upon is simply stated as Remember the Sabbath Day to keep it holy. We cannot control if and when a business is open – indeed, that is the foundation for free enterprise. However, we have the moral obligation to identify what is offered for sale and when the sales can occur. That is why we have Ordinance 942. For six days individuals are able to buy alcohol. But on the Sabbath we can at least give up someth<ing as small as selling alcohol on that day. < The Judeo-Christian God is not against business or industry. In fact He encourages us to be prosperous, to progress and to improve upon our endowed resources. However, He does have some restrictions related to our activities in our businesses. For example He wants us to be honest, to be ethical, and too be responsible and accountable for our actions. He wants us to observe the Sabbath day. History documents that drinking alcohol on the Sabbath was not acceptable, hence the origin to Ordinance 942 and other similar ordinances in other cities across this nation. < I appreciate the view of the business owners and managers who want to sell alcohol on Sunday. I appreciate Mr. Barnard’s comments and letter. Corey and I are friends. I hope that our opposite views will not hinder our friendship. In Mr. Barnard’s comments he noted that many of the Sunday customers (50%) leave Applebee’s mad because they can’t have a glass of wine or beer. I would ask what about the other 50%? What are their feelings? I wonder what they are thinking. Consider the following scenario of a conversation and thoughts that could occur at Applebee’s with the “other 50%”: Guest: “…and I will have a glass of wine with my steak.” Waiter: “I’m sorry, we don’t sell wine or alcohol on Sunday.” Guest: “You don’t sell alcohol on Sunday? Is that an Applebee’s policy?” Waiter: “No, it is the City of Rexburg’s policy. You can buy alcohol on any other day of the week, but just not on Sunday.” Guest: “Oh that is interesting.” And then to the other guests “I wonder why the City of Rexburg has a policy that you can’t buy alcohol on Sunday.” And upon leaving Applebee’s as they are getting into their car and exit the parking lot they notice on the hill a big white building, silhouetted against the skyline. One of the guests turns to the other and says “I wonder what that beautiful white building is on the hill up there?” By amending the current law (Ordinance 942) to allow alcohol sales on Sunday will our city still be an American Family Community that reverences God? Perhaps with our focus on business, tourism, money, etc. we are distracted from becoming an American Family Community instead, becoming a community seeking after popularity and money. The Judeo-Christian principles also instruct us (our community) to be the salt of the earth! As the <salt of the earth we are to live our religion, to be the savor in our communities and stand as witnesses of those truths. Just because our nation and our State are rapidly declining with respect to degenerating morals and eliminating the existence or reference to God publically, doesn’t mean we have to follow. We can be like the light on the hill, standing for right. We can take the higher road in this decision. We need to stand as witnesses <of God and His laws at this time. I invite the council members to take that road and reject Bill 1128. With warm regards, Stephen McGary 915 Hillview Drive Rexburg, Idaho .docx CityCo~1.doc City Council Alcohol Sales on Sunday March 2015.docx application/vnd.openxmlformats-officedocument.wordprocessingml.document