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HomeMy WebLinkAboutOrdinance 89-15 , .~ J , fI:~~ OHlHNANCE NO. --1i2-1S . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO ALCOHOLIC BEVERAGES; REPEALING ARTICLE II OF CHAPTER 3 REGARDING THE REGULATION OF HOURS FOR THE SALE OF ALCOHOLic BEVERAGES; ADOPTING A NEW AR'l'ICI,E II OF CHAPTER 3 REGARDING 'fHE REGULATION OF HOURS FOH THE SALE OF ALCOHOLIC BEVERAGES; ADOPTING A NEW ARTICLE III OF CHAPTER 3 REGARDING THE CREATION OF A NUISANCE IN OPERATING A PlACE FOR THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFEC'l'IVE DA'fE. SECTION 1. 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 163 and 166, Florida Statutes. SECTION 2. The present Article II of Chapter 3 of the Code of Ordinances of the City of Ocoee is hereby repealed in its entirety. SECTION 3. A new Article II of Chapter 3 of the Code of Ordinances of the City of Ocoee is hereby adopted as follows: ARTICLE II - REGULATION OF HOURS Sec. 3-4. Hours of Sale and Consumption-On premises. No alcoholic beverages shall be sold, consumed or served or permitted to be served or consumed in any place holding a license from the Florida Department of Business Regulation, which license permits the consumption of alcoholic beverages on the premises, between the hours of 2:00 a.m. and 11:00 a.m., each and every day of the week. Sec. 3-5. Hours of Sale and Consumption-Off premises. i " I No alcoholic beverages shall be sold, in any place holding a license from the Florida Department of Business Regulation, which license permits package sale of alcoholic beverages for consumption off the premises, between the hours of 2:00 a.m. and 8:00 a.m. Sec. 3-6. Additional requirements. . Within the meaning of this article 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 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 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 em- ployees enters into such place of business during prohibited hours, it shall be prima facie evidence that such place of busi- ness is open for business~ provided, however, that nothing herein shall be construed to restrict the operation of a business for purposes other than the sale of alco~olic beverages during the . prohibited hours, provided further, that any place of business holding a license certificate from the city or state ~hall, at the hour of 2:00 a.m., cause all outside lights on the premises occupied by it to be extinguished 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 em- ployees 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 unrelated to the sale or consumption of alcoholic beverages. Customers within the place of business at the hour of 2:00 a.m. who have prior thereto pur- chased any single drink of alcoholic beverage and have not completed the consumption thereof shall be permitted to complete the con- sumption 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 4. A new Article III of Chapter 3 of the Code of the City of Ocoee is hereby created to read as follows: ARTICLE III - NUISANCE Sec. 3-7. Conditions constituting a nuisance. Any place at which alcoholic beverages are sold shall be deemed to be a nuisance whenever such place tends to annoy the community~ injure the health of the community~ become manifestly injurious to the public morals or manners~ or in any other respect meets the definition of nuisance set forth in Sec. 823.05, Florida Statutes. Sec. 3-8. Violations - Actions to abate a nuisance. Owning, operating or maintaining a nuisance as defined herein shall constitute a violation of the Code of Ordinances. The City may take any action authorized by statute, law, ordinance, rule or regulation to abate a nuisance as defined herein. SECTION 5. This ordinance shall be deemed to be cumulative and in addition to any other act, law or ordinance regulating hours of sale of alcoholic beverages. This ordinance supersedes and repeals any existing hours of sale of alcoholic beverages ordinance. This ordinance shall be liberally construed in order to effectively carry out the purposes of this ordinance in protecting the interests of the health, safety and welfare of the citizens of the City of Ocoee, Florida. SECTION 6. Severability . If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or un- constitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and 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. -2- . . PASSED AND ADOPTED this stf. day of ~~ o ADVERTISED , 1989. June 22 , 1989 READ FIRST TIME June 20 , 1989 READ SECOND TIME AND ADOPTED ~ ~ .--- , 1989 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROV~O AS TO FORM AND LEGALITY 'rillS ~ day of JUL'i , 1989 FOl.EY & LARDNER, VAN DEN BERG, GAY, BURKE, WILSON & ARKIN .-- ~. Ci ty Attorney . By: -~~ J '...~ :::y ;:YLW~~ Thomas R. Ison, Mayor ATTEST: Jea (SEAL) -3-