HomeMy WebLinkAboutOrdinance 544
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ORDINANCE NO. ~- <;'1
AN ORDINANCE ESTABLISHING THE CLOSING
HOURS AND HOURS OF SALES OF ALCOHOLIC
BEVERAGES IN THE CITY OF OCOEE. FLORIDA.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF
OCOEE. FLORIDA:
SECTION 1. HOURS OF SALE. No alcoholic beverages shall be sold.
consumed or served. or permitted to be served or consumed in any place
holding a license certificate from the city or state between the hours of
12:00 Midnight and 7:00 A. M. of the following morning. No alcoholic
beverages may be sold. consumed or served. or permitted to De served
or consumed. in any place holding a license certificate from the city or
state between 12:00 Midnight Saturday and 7:00 A. M. the following Monday.
SECTION 2. ADDITIONAL REQUIREMENTS. Within the meaning of
this ordinance a sale shall be regarded as being made if the alcoholic
beverage is delivered to any person during prohibited hours regardless
of whether payment therefor is made at some other time. If any such
licensed vendor be a corporation. then the officers of such corporation
shall be regarded as the owner thereof for purposes of enforcement_of this
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chapter. All vendors holding licenses to operate places of business and
operating places of business in the city shall not keep such places of
business open for business during prohibited hours. If any door of such
place of business be opened during prohibited hours except to admit the
owner or one of his regular employees. or if any person other than the
owner or one of his regular employees enters into such place of business
during prohibited hours. it shall be prima facie evidence that such place
of business is open for business; provided, however, that nothing herein
shall be construed to prohibit the IJperati':..a of a business for purposes
other than the sale of alcoholic beverages during the hours between 12 :00
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Midnight Saturday and 7:00 A. M. the following Monday; provided further.
that any place of business holding a license certificate from the city or
state shall. at the hour of 12 :00 Midnight. cause all outside lights on the
premises occupied by it to be estinguished and shall cause all entrances
and exits to such establishment to be locked and the entrances and exits
shall not be opened during the prohibited hours. except to admit the
proprietor of such place of business and his employees to enter and to
permit the egress of the proprietor. employees and customers of such
place of business from the premises. except nothing herein shall prohibit
the hotel. motel or restaurant from carrying on its normal business un-
related to the sale or consumption of alcoholic beverages. Customers
within the place of business at the hour of 12:00 Midnight who have prior
thereto purchased any single drink of alcoholic beverage and have not
completed the consumption thereof shall be permitted to complete the
consumption of such alcoholic beverage and shall be required by the
proprietor or his employees to leave the place of business as soon as may
be reasonably possible. Nothing herein contained shall be construed so
as to permit any place of business to sell or serve. or permit alcoholic
beverages to be sold or served. during prohibited hours.
SECTION 3. ADDITIONAL HOURS OF SALE FOR MOTELS.
RESTAURANTS AND CERTAIN OTHER BUSINESSES.
In addition to the
hours of sale of alcoholic beverages above provided. cocktail lounges
exhibiting live entertainment and having a seating capacity of 40 persons
or more shall be permitted to serve malt beverages. cocktails and other
mixed alcoholic beverages, for consumption on premises only. during the
hours from 12:00 Midnight to 2:00 A. M. from Tuesday through Saturday
mornings. The Provisions of this paragraph shall only apply to sales by
vendors holding those specific vendor's licenses permitting the sale of
alcoholic beverages regardless of alcoholic content and where consumption
on the premises is permitted (as presently defined in Section 561. 34 (3 )(b).
Florida Statutes 1971. or within motels. hotels or restaurants holding
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special licenses under chapter 31098 Special Laws of Florida 1955).
SECTION 4. ADDITIONAL HOURS OF SALE FOR MOTELS. HOTELS
OR RESTA URANTS. In addition to the Hours of Sale of alcoholic beverages
above provided. hotels. motels or restaurants holding special licenses
under Chapter 31098 Special Laws of Florida 1955. shall be permitted to
serve malt beverages. cocktails or other mixed alcoholic beverages. for
consumption on the premises only. during the hours from 12:00 Noon
Sunday through 12 :00 Midnight Sunday night. provided that no such hotel.
motel or restaurant may serve or sell alcoholic beverages except in
conjunction with the dining room facilities of said hotel. motel or restau-
rant and no cocktail lounge or bar shall be open during the aforementioned
time; however. the alcoholic beverages may be prepared in said bar or
cocktail lounge for consumption in the dining area. For purposes of this
paragraph any hotel or motel guest's private room shall be considered a
dining area.
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SECTION 5. ADDITIONAL HOURS OF SALE FOR OFF-PREMISES
CONSUMPTION ONLY. In addition to the hours of sale of alcoholic
beverages above provided. vendors licensed by the city or state to sell
alcoholic beverages in sealed containers for consumption off the premises
where sold shall be permitted to sell alcoholic beverages in sealed con-
tainers for consumption off the premises where sold. only. during the
hours from 1:00 o'clock P. M. on Sunday to 9:00 o'clock P. M. of the same
Sunday; provided. however. this section shall not be construed to permit
vendors operating places of business where consumption both on or off the
premises where sold is permitted by state license to sell during such hours
alcoholic beverages for consumption on the premises where sold.
SECTION 6. HOURS OF SALE ON NEW YEAR'S EVE. Provided.
however. that except as hereinafter provided. businesses licensed for the
sale of alcoholic beverages in the city shall. on that date known as New
Year's Eve (December 31). be permitted to remain open for such sales for
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one hour after the regular closing time established by this section. Except.
however. that at such times as New Year's Eve (December 31) shall fall
on a Saturday. so that the above- permitted extension of closing time would
allow such licensees to be or remain open on a Sunday. then. in such event.
the one- hour extension granted in this paragraph shall be of no effect and
the provisions of this section pertaining to closing times of such licensees.
exclusive of this paragraph. shall be in full force and effect.
SECTION 7. REPEAL OF CONFLICTING ORDINANCES. All
Ordinances. or part of ordinances. in conflict herewith are hereby
repealed.
SECTION 8. EFFECTIVE DATE. The Ordinance shall become
effective immediately upon its becoming a law.
Introduced: ~ 1. J 9 ~ /
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Read: JI2,./) ~ / 9 ~ /
Voted Upon: 1fZ..v.;) I. J '1/}1
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A UTHENTICA TION
The undersigned hereby authenticate the final passage of the foregoing
Ordinance. in accordance with the procedures set forth next above. by their
signatures hereunto placed.
~AL_ ;d4'~
erk of the City of Ocoee
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