HomeMy WebLinkAboutItem VI (E) First Reading of Ordinance No. 93-03, repealing Chapter 57 of the Code of Ordinances which provides for security standards for convenience businesses. Second Reading and Public Hearing will be held April 6, 1993 at 7:30 p.m. Agenda 3-16-93
Item VI E
F O L E Y (Sc L A R D N E R
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ORLANDO, FLORIDA 32802-2193
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MEMORANDUM
TO: Sergeant Ken Fisher
FROM: Steven W. Zelkowitz, Assistant City Attorney
THROUGH: Paul E. Rosenthal, City Attorney
DATE: March 10, 1993
RE: Convenience Business Security Act
In response to your letter to Paul Rosenthal dated
January 7, 1993 regarding the above captioned matter, I have
reviewed both the Convenience Business Security Act ("Act") ,
Section 812 . 1701 to 812. 176, Florida Statutes, and Late Night
Businesses, Stores or Operations Ordinance ("Ordinance") , Chapter
57, Ocoee Code (copies attached hereto for your reference) . In
this regard, Section 812.1725, Florida Statutes, expressly provides
that the Act preempts and supersedes any local ordinances
containing security standards for convenience businesses different
from those contained in the Act. There is a temporary exemption to
the preemption provision which applies to local ordinances in
effect prior to September, 1988. However, Chapter 57 of the Ocoee
Code was adopted by the City Commission on April 3, 1990 and such
exemption does not apply in the instant matter.
Accordingly, since the provisions of the Ordinance differ
from and conflict with those of the Act, the Ordinance is
superseded by the Act. Therefore, the City of Ocoee should enforce
the provisions of the Act and repeal the Ordinance. In this
regard, attached is a proposed ordinance repealing Chapter 57 which
should be added to the agenda for the City Commission meeting to be
held on March 16, 1993.
cc: Jean Grafton, City Clerk
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ORDINANCE NO. 93- 03
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
REPEALING THE PRESENT CHAPTER 57 OF THE CODE
OF ORDINANCES OF THE CITY OF OCOEE IN ITS
ENTIRETY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires
to repeal the present Chapter 57 of the Code of Ordinances of the
City of Ocoee.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION ONE. 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 TWO. The present Chapter 57 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby repealed in its
entirety.
SECTION THREE. 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 FOUR. 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 FIVE. Effective Date. This Ordinance shall
become effective immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1993 .
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED March 25 , 1993
READ FIRST TIME March 16 , 1993
READ SECOND TIME AND ADOPTED
, 1993, UNDER
AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1993 .
FOLEY & LARDNER
By:
City Attorney
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