[Vision2020] The Law Is

cjs cjs at turbonet.com
Wed Mar 2 15:28:32 PST 2005


Dear Mr. Curley,

I sure wish laws were written to where I could exempt or allow myself to do anything I wish. 

Are you aware, that if you really take a look at things and I think the rest of the community ought to take a look at it, UoI is already in the bar business. They own the land that the mall sits on. They get a piece of the action. In fact - they are in the clothing business, hamburger business, radio shack business, restaraunt's with beer and wine business, flower business, tanning, etc. They are landlords. 

Capitolism at it's finest. TAX FREE!

Phil



-----Original message-----
From: "Michael Curley" curley at turbonet.com
Date: Wed,  2 Mar 2005 14:12:59 -0800
To: Vision2020 at moscow.com
Subject: Re: [Vision2020] The Law Is

> Mr. Roderick:
> 
> Unless you can cite us to an appropriate city code section or Idaho Code, I'm afraid I'd 
> have to say that I don't think that's what the law says.  I think Idaho Code 23-303 and 
> 23-913 would be controlling absent some other authority.  The former DOES prohibit 
> liquor stores within 300 feet of a school.  The latter prohibits a "licensee"  (a retail 
> establishment authorized to sell liquor by the drink) from being given a license to 
> operate in a predominantly residential neighborhood or within 300 feet of a public school 
> or place of worship EXCEPT "with the approval of the governing body of the 
> municipality. . ."   We had this conversation as I recall with regard to the Patty's Kitchen 
> application wherein the City of Moscow was asked to give just such approval.
> 
> I am unable to immediately locate authority on the definition of "public school" as used 
> in the referenced code section.
> 
> As to whether it is unfair competition--or whether it makes sense for a university that 
> struggles to keep liquor out of the hands of the minors on its campus--to serve liquor on 
> that very campus,  well that's a different question from whether it's technically legal to 
> do so.
> 
> Regards,
> Mike Curley
> 
> 
> On 2 Mar 2005 at 11:11, cjs wrote:
> 
> The law is. "NO ALCOHOL CAN BE SOLD BY THE DRINK WITHIN 300 FEET OF A
> CHURCH OR SCHOOL." Oh yeah! UoI is a school. Or is it?
> 
> Phil Roderick
> 
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> 
> 
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