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HomeMy WebLinkAboutVI (D 2) Second Reading of Ordinance Proposed Amendments to Chapter 38 Relating to Sale of Alcoholic Beverages Agenda 9-16-2003 Item VID2 FOLEY : LARDNER ATTORNEYS AT LAW MEMORANDUM CLIENT-MATTER NUMBER 020377-0107 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney DATE: July 28, 2003 RE: Ordinance No. 2003-33;Proposed Amendments to Chapter 38 of the City Code Relating to Alcoholic Beverages Pursuant to the direction of the City Commission, an Alcoholic Beverages Ordinance Revision Committee was formed to review the provisions of Chapter 38 of the City Code relating to alcoholic beverages. The Committee met on June 9, June 23 and July 14, 2003. Mr. Wagner provided staff support for the Committee. Direction was provided by the Committee to the City staff and the City Attorney to prepare an ordinance amending certain provisions of Chapter 38 of the City Code. Attached hereto is a proposed Ordinance which amends Chapter 38 of the City Code in order to incorporate the revisions recommended by the Committee. The highlights of the proposed Ordinance are as follows: 1. Authorizes the consumption of alcoholic beverages at public places upon issuance of a special events permit specifically permitting such activity. The policies and procedures for the issuance of special events permits are to be established by a resolution adopted by the City Commission. Until such time as the resolution is adopted, the issuance of special events permits for this purpose is prohibited. This will apply citywide. 2. Provides that consumption of alcoholic beverages outside of a building or in a patio area is prohibited unless the consumption occurs in a fenced or enclosed area and is otherwise permitted by law. This provision will become effective November 1, 2003 in order to provide the City staff with an opportunity to notify all affected businesses prior to the effective date. 3. Currently, the sale of alcoholic beverages by the glass or drink is prohibited within 1,000 feet from an established church or school. The proposed Ordinance extends this prohibition to include package liquor stores, but exempts any such business existing as of the date of adoption of the Ordinance. 4. Certain restaurants, hotels, bowling establishments and movie theatres are granted an exemption from the 1,000 foot locational requirement established under Section 38-5 of the • 006.303833.1 FOLEY&LARDNER FOLEYCLARDNER ATTORNEYS AT LAW City Code. This means that these businesses may, subject to certain restrictions, sell alcoholic beverages even if they are located within 1,000 feet of an established church or school. 5. Certain restrictions are imposed on all businesses in which alcoholic beverages are sold if such business is located within 1,000 feet from an established church or school. This provision will become effective November 1, 2003 in order to provide the City staff with an opportunity to notify all affected businesses prior to the effective date. The City Commission should consider the recommendations of the Committee and, if the Commission agrees with the recommendations, adopt the proposed Ordinance. Encl. PER/j ed 2 006.303833.1 ORDINANCE NO. 2003-33 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATED TO ALCOHOLIC BEVERAGES; AMENDING SECTION 38-2 OF CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE IN ORDER TO PROVIDE FOR SPECIAL EVENTS PERMITS FOR THE CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES AND IN ORDER TO ADDRESS THE CONSUMPTION OF ALCOHOLIC BEVERAGES OUTSIDE OF A BUILDING; AMENDING SECTION 38-5 OF THE CHAPTER 38 OF THE CITY CODE TO PROHIBIT PACKAGE LIQUOR STORES WITHIN 1,000 FEET FROM AN ESTABLISHED CHURCH OR SCHOOL; AMENDING SECTION 38-5.1 TO EXEMPT CERTAIN BUSINESSES FROM THE LOCATIONAL REQUIREMENTS AND ESTABLISHING ADDITIONAL RESTRICTIONS APPLICABLE TO ALL BUSINESSES SELLING OR FURNISHING ALCOHOLIC BEVERAGES WITHIN 1,000 FEET OF AN ESTABLISHED CHURCH OR SCHOOL; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 166, Florida Statutes. SECTION 2. Section 38-2 of Chapter 38 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows (with additions double-underlined and deletions stricken): § 38-2. Prohibited acts. A. Except as provided in Section 38-2.B below, it shall be unlawful for any person to drink or have in his possession any unsealed alcoholic beverage in or on public places within the 006.303826.1 corporate limits of the city, except within authorized places of business licensed to sell and dispense such beverages. B. Subject to compliance with all applicable state laws, a person may drink or have in his possession unsealed alcoholic beverages in or on public places within the corporate limits of the city when a special events permit has been issued by the city which specifically permits such activity. Any such activity shall be subject to the terms and conditions of any such special events permit. Any such special events permits shall be issued in accordance with policies and procedures adopted by resolution of the city commission. Until such time as the City Commission adopts such a resolution, the issuance of such special events permits shall be prohibited. C. Effective November 1, 2003, the consumption of alcoholic beverages in an area outside of a building in which a business licensed to _sell and dispense alcoholic beverages is located or in a patio area adjacent to any_such building in which such place of business is located is prohibited unless (i) such consumption occurs within an area that is fenced or otherwise clearly established as an enclosed area, and (ii) such consumption is otherwise permitted by state law. SECTION 3. Section 38-5 of Chapter 38 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows (with additions double-underlined and deletions stricken): § 38-5. Locational requirements. Any place of business in which alcoholic beverages or intoxicating beverages are sold or consumed or otherwise furnished at retail to the public by the glass or drink within-the city and any place of business which is a located in a free ending store at which alcoholic beverages or intoxicating bevera.es are sold for off-site consumption (ie, a "package liquor store") shall open directly and immediately upon the street, and no such place of business shall be less than 1,000 feet from an established church or school, which distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of said place of business to the main entrance of the church and, in the case of a school, to the nearest point of the school grounds in use -2- 006.303826.1 as part of the school facilities; provided, however, that the foregoing provisions shall not apply to any free standing store at which alcoholic beverages or intoxicating beverages are sold for off-site consumption which store is established as of the date of adoption of this ordinance. SECTION 4. Section 38-5.1 of Chapter 38 of the Code of Ordinances is hereby amended to read as follows (with additions double-underlined and deletions stricken): § 38-5.1. Exemptions to locational requirements. [Added 12-1- 1998 by Ord. No. 98-32] A. In order to facilitate and encourage the location of schools and churches within planned unit developments and special overlay areas, the City Commission may, following an advertised public hearing, exempt land located within a planned unit development zoning district and/or a special overlay area from the provisions of § 38-5 of the City Code upon a finding that the granting of such exemption will facilitate and encourage the location of schools and churches within the planned unit development and/or special overlay area. In granting any such exemption, the City Commission may impose such conditions of approval as it deems necessary to protect school children and church members from unwarranted exposure to alcoholic and intoxicating beverages. B. The provisions of § 38-5 shall not a. .1 to: 1 any restaurant equipped to serve full course meals at tables and deriving at least 51 percent of its gross revenue from the sale of food and non-alcoholic beverages; (2) any bona fide hotel, motel or motor court which derives at least 51 percent of its gross revenues from the rental of hotel or motel rooms and which is licensed as a public lodging establishment by the State of Florida Division of Hotels and Restaurants; (3) bowling establishments havin: 12 or more lanes and all necessary equipment to operate them; and (4) any bona fide movie theater with 5 or more screens. C. Effective November 1, 2003, the following restrictions shall be applicable to any place of business in which alcoholic beverages or intoxicating beverages are sold or furnished at retail to the public which place of business is located within 1,000 feet from an established church or school: -3- 006.303826.1 1. Permanent outdoor speakers shall be prohibited. 2. Outdoor entertainment shall be permitted only upon issuance b the cit of a s I ecial events permit. No such permit shall be issued with respect to outdoor entertainment which will take place (i) during the regular weekday hours of operation of any such school or during the regular hours when church services are scheduled at any such church, or (ii) during such other times as may interfere with normal operations of am such school or church. 3. Signs advertisin: or Iromoti : the sale or consumption of alcoholic beverages or identi in: alcoholic beverage products (i) shall be prohibited on the exterior of any such place of business, (ii) shall not be located on the interior of any such place of business within six inches of a window, and (iii) shall not be visible from the outside of the building in which such place of business is located. SECTION 5. Codification. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent maybe authorized by the City Manager, without need of public hearing, by filing a corrected or re- codified copy of same with the City Clerk. SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and -4- 006.303826.1 independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2003 READ FIRST TIME , 2003 READ SECOND TIME AND ADOPTED , 2003 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2003. FOLEY & LARDNER By: City Attorney -5- 006.303826.1