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HomeMy WebLinkAbout2017-024 Alcoholic Beverages - Hours of On Premise Sale ORDINANCE NO. 2017-024 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO HOURS OF ON PREMISE SALE OF ALCOHOLIC BEVERAGES; AMENDING SECTION 38-6 OF ARTICLE II OF CHAPTER 38 OF THE CITY OF OCOEE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes, and Article II, Section C-8 of the City of Ocoee Charter, the City of Ocoee (the "City") enjoys all home rule authority, police power, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power to regulate possession and sale of alcoholic beverages, except as expressly prohibited by law; WHEREAS, the City Commission of the City of Ocoee in good faith has determined that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: 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, Chapters 163 and 166, Florida Statutes, and Article II, Section C-8 of the City of Ocoee Charter. SECTION 2. Section 38-6 of Article II of Chapter 38 of the City of Ocoee Code of Ordinances is hereby amended with underlines showing additions and strikethroughs showing deletions, as follows: §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 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 7:00 4:40 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 City 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. 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 Section 2 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 3'day of ( de- , 2017. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA jil/agF Melanie Sibbitt, City Clerk Rusty Johnso A, Mayo (SEAL) FOR USE AND RELIANCE ONLY ADVERTISED f////mil\f?,,o7/, , a , 2017 BY THE CITY OF OCOEE FLORIDA READ FIRST TE, /Xr 2017 APPROVED AS TO FORM READ SECOND TIME AND ADOPTED AND LEGALITY d iAbf,- „3 ,2017 this 39-i' day of 0G-T-t. :2, ,2017. UNDER AGENDA ITEM NO. 5- Shuffield, Lowman & Wilson, P. A. By: Scott ookso• ty Atto - •