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HomeMy WebLinkAbout2013-007 Parks, Recreation and other Community FacilitiesORDINANCE 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. Chapter 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 This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this A da of 0 y �C�'. h , 2013. APPROVED: ATTEST: Bet Eikenberry, City Clerk CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this '"day of N11V-Q*7 , 2013. SHUFFIELD, LOWMAN & WILSON By: i ttomey ADVERTISED ;s , 2013 READ FIRST TIME =• 19, 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 -213 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 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; aPA (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 City 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 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. 0