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HomeMy WebLinkAboutItem #10 2nd Reading - Revision of Chapter 38 to Allow Alcohol Sales and Consumption at City-Owned FacilitiesShe Center of Good AGENDA ITEM COVER SHEET Meeting Date: March 5, 2013 Item # 1© Contact Name: Contact Number: Al Butler 407 - 905 -3100, ext. 1543 Reviewed By: Department Director: City Manager: MOP Subject: Revise Chapter 38 to allow alcohol sales and consumption at City -owned facilities in order to support rental operations — Second Reading and Public Hearing. Background Summary: The City has applied for alcohol sales and consumption licenses for three City -owned facilities: Jim Beech Center, Tom Ison Center, and Vignetti Park. We will seek a license for a fourth facility, the Community Center Complex, which includes the Withers- Maguire House, when the required remodeling of the House is completed. Some of these facilities support private events that may begin or end past the normal times for commercial establishments to serve alcoholic beverages and include outside areas that may be otherwise precluded from the serving and consumption of such beverages. In order to provide for the routine use of these licenses and to facilitate rental of the facilities for private events, Chapter 38 of the Code of Ordinances needs to be revised. Issue: Should Chapter 38 of the Code of Ordinances of the City of Ocoee be amended to allow the City Manager or his designee to authorize the sales and consumption of alcoholic beverages at City -owned facilities as part of the routine leasing of the facilities for private events? Recommendations The Support Services and Parks & Recreation departments recommend that the City Commission approve a set of related amendments to Chapter 38 of the Code of Ordinances of the City of Ocoee. The major policy changes proposed are: 1. Amend Section 38 -2 to authorize the consumption of alcoholic beverages at a City -owned facility when the City Manager or his designee has given written permission for such consumption as part of the rental of the facility. 2. Amend Section 38 -6 so that its hours of sale and consumption of alcoholic beverages on premises restrictions to not apply to events at City -owned facilities. 3. Both amendments apply only when the sales and consumption of alcoholic beverages have been authorized in writing by the City Manager or his designee. It is our expectation that the rental of the facilities where alcoholic beverage sales and consumption licenses have been granted will be subject to rental conditions adopted by the City Commission. The first reading of the ordinance to modify Chapter 38 occurred at the February 19 City Commission meeting. This City Commission meeting agenda provides the second reading and public hearing. Attachments: Proposed ordinance modifying Chapter 38 of the Code of Ordinances of the City of Ocoee, for second reading and adoption Financial Impact: The only financial impact expected from these proposed amendments is the potential increase in rental revenues. Type of Item: (please mark with an 'x') x Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by (P &R) OA N/A N/A N/A ORDINANCE NO. 2013-007 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 38, ALCOHOLIC BEVERAGES; PROVIDING REQUIREMENTS FOR CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY; PROVIDING REQUIREMENTS FOR CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES FOR CITY SPONSORED EVENTS OR BY AUTHORIZED PERSONS OR ORGANIZATIONS; PROVIDING FOR AN EXEMPTION FROM THE HOURS OF SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES DURING CITY SPONSORED EVENTS UPON AUTHORIZATION BY THE CITY MANAGER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida (the "City Commission ") desires to grant the City Manager the authority to permit possession and consumption of alcoholic beverages at City sponsored events in City facilities or by an authorized person or organization; and WHEREAS, the City Commission desires to grant the City Manager the authority to permit consumption of alcohol in an area outside of a building which is licensed to sell and dispense alcoholic beverages and when the consumption is related to a City sponsored event or is by an authorized person or organization; and WHEREAS, the City Commission desires to exempt facilities that are being used for a City sponsored event or by an authorized person or organization from the restrictions on hours of sale and consumption of alcoholic beverages when said event, person or organization has received written permission from the City Manager to possess and consume alcoholic beverages. NOW, THEREFORE, 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 Chapter 166, Florida Statutes. SECTION 2. Chanter 38 . Chapter 38 is hereby amended as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 3. 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 independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. 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 relettered 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 relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. Effective Date immediately upon passage and adoption. PASSED AND ADOPTED this ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2013. SHUFFIELD, LOWMAN & WILSON City Attorney This Ordinance shall become effective day of , 2013. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 2013 READ FIRST TIME , 2013 READ SECOND TIME AND ADOPTED , 2013 UNDER AGENDA ITEM NO. -2- EXHIBIT A CHAPTER 38 - ALCOHOLIC BEVERAGES, is hereby amended as follows: Note: Strikethroughs are deletions; double underlines are additions. 38 -2. - Prohibited acts. A. Except as provided in § 38 -2B 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 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 or when such facilities are being used for a city- sponsored event: or by an authorized person or organization, provided that prior permission, in writing, is obtained from the City Manager or his delegate Any such activity shall be subject to the terms and conditions of any such special events permit or written authorization Any such special events permits or written authorization 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 or written authorizations 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: (1) Such consumption occurs within an area that is fenced or otherwise clearly established as an enclosed area; and (2) Such consumption is in or on a public place within the corporate limits of the city and such activity is related to a city- sponsored event or is by an authorized person or organization provided prior permission in writing is obtained from the Citv Manager or his delegate; and (23) Such consumption is otherwise permitted by state law. 38 -6. - Hours. A. 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 -3- 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. B. Hours of sale and consumption off premises. No alcoholic beverages shall be sold, in any place holding a license from the Florida Department of Business Regulation, which license permits the package sale of alcoholic beverages for consumption off the premises, between the hours of 2:00 a.m. and 8:00 a.m. C. Additional requirements. (1) Within the meaning of this section, 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 is a corporation, then the officers of such corporation shall be regarded as the owner thereof for purposes of enforcement of this article. (2) 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 is 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 restrict the operation of a business for purposes other than the sale of alcoholic beverages during the prohibited hours; provided, further, that any place of business holding a license certificate from the City or state shall, 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 employees to enter and to permit the egress of the proprietor, employees and customers of such place of business from the premises, except that 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, purchased any single drink of an 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. D. The provisions of Section 38-6 do not apply to recreational property owned by the Citv when such facilities are being used fora City- sponsored event or by an authorized person or organization provided that prior permission in writing is obtained from the City Manager or his delegate. -4- CO o � Co�� C(�I���C �l(11 f(�1 �' �ihpit rqk o n the ��ant mec Date PuNished and Media Name C Orlando Sentinel SUNDAY, FEBRUARY 24, 2013 D7 ] jl_��' -fit"RWO, CITY OF OCOEE - PUBLIC HEARING a Public Hearing before the Ocoee City Com- nission will be held Tuesday, March 5, !013, at 7:15 p.m. or as soon thereafter is may be heard, In the Commission :bombers of City Hall at 150 North _akeshore Drive, Ocoee, Florida, to :onsider the following: ORDINANCE NO. 2013 -006 AN ORDINANCE OF THE CITY OF OCOEE FLORI- DA, REPEALING AND RESTATING ARTICLE I OF CHAPTER 124 OF THE CODE OF ORINANCES OF THE CITY OF OCOEE REPEALING CONFLICTS CODIFICATION pPROVIDIING I FWAN ( EFFECTIVE DATE. If a person decides to appeal any deci- sion made by the above City Commis- sion with respect to any matter consid- ered at such hearing, they will need o record of the proceedings, and for such purpose they may need to ensure !hot a verbatim record of the proceed- ings is made, which record includes the testimony and evidence upon which the appeal is to be based. All interested parties are invited to at- tend and be heard with respect to the above. In accordance with the Ameri- cans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at 407- 905 -3105 at least 46 hours prior to the date of hearing. Beih Eikenberry City Clerk C O R 1 X 6701 02/24/2013 Advertisement ®U Ar tide