VI (A) Second Reading of Ordinance No. 2002-24, Amending Chapter 38 of the Code re the Locational Requirements Governing the Sales of Alcoholic Beverages Agenda 12-10-2002
Item VI A
STAFF REPORT
DATE: October 29, 2002
TO: The Honorable Mayor and City Commissioners
FROM: Russ Wagner, AICP, Community Development Director
SUBJECT: Ordinance 2002-24
Proposed Amendment to Locational Requirements
Governing the Sale of Alcoholic Beverages
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance 2002-24 to amend Chapter 38 of
the Code of Ordinances?
BACKGROUND:
At a prior City Commission meeting, staff was requested to prepare changes to requirements
governing the sale of alcoholic beverages. Section 38-5 of Chapter 38 of the Code of
Ordinances of the City of Ocoee imposes certain locational requirements on the sale of
alcoholic beverages by the drink within 1,000 feet of an established church or school. In 1998,
the City Commission amended this section of the Ordinance to exempt certain businesses from
these requirements within PUD's and special overlay areas.
DISCUSSION:
Ordinance 2002-24 would further amend Chapter 38 to exempt certain businesses from the
1,000 foot requirement no matter where they are located within the city. This would include
restaurants serving full course meals, motels and hotels, specialty centers, bowling
establishments, and movie theaters where alcoholic beverages are sold incidental to the main
business activity. It is these types of businesses that locate throughout the city in a pattern that
may conflict with the expanding number of churches and schools being established within the
community. So as not to inhibit the development of expanding commercial and neighborhood
service centers throughout Ocoee, this amendment offers a simple administrative means to
discern between businesses that generally do not cause potential conflicts and those that could,
such as stand-alone taverns and nightclubs.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commissions adopt Ordinance 2002-24
amending Chapter 38 of the Code of Ordinances of the City of Ocoee pertaining to the sale of
alcoholic beverages.
Attachments: Ordinance 2002-24
Chapter 38—Alcoholic Beverages
O:DOd e!I'ALL_DATA\cAPDFI LE\Staff Reports\S R2002\SR02054 CC.doc
"`ORDINANCE NO. 2002-24
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING SECTION 38-5.1 OF CHAPTER 38 OF THE
CODE OF ORDINANCES OF THE CITY OF OCOEE;
CREATING AN EXEMPTION FOR CERTAIN
PROPERTIES FROM THE LOCATIONAL
REQUIREMENTS OF SECTION 38-5 OF CHAPTER 38 OF
THE CODE OF ORDINANCES OF THE CITY OF OCOEE
GOVERNING THE SELLING AND FURNISHING
ALCOHOLIC BEVERAGES; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
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 Chapters 166, Florida Statutes.
SECTION 2. Section 38-5.1 of Chapter 38 of the Code of Ordinances is hereby
amended to read as follows (with additions double-underlined and deletions stricken):
§ 38-5.1. Exemptions to locational requirements.
A In order to facilitate and encourage the location of schools
and churches within planned unit developments and special overlay
areas, the City Commission may, following an advertised public
hearing, exempt land located within a planned unit development
zoning district and/or a special overlay area from the provisions of
§ 38-5 of the City Code upon a finding that the granting of such
exemption will facilitate and encourage the location of schools and
churches within the planned unit development and/or special
overlay area. In granting any such exemption, the City Commission
may impose such conditions of approval as it deems necessary to
protect school children and church members from unwarranted
exposure to alcoholic and intoxicating beverages.
B. The uroyisionsshall nnply I any
restaurant equipped ,to serve full course meals at tables and
006.268423.1
derivingat least 51 percent of its gross revenue from the sale of
food and non-alcoholic beverages• (2 an bona fide hotel, motel
or motor court which derives at least 51 percnt of gross
revenues from the rental of hotel or motel rooms and which is
licensed as a public lodging establishment y the State, of Florida
Division of Hotels and Restaurants (31 anv specialty center which
shall be defined as any development containing a combination of
restaurants, entertainment facilities and specialty shoos 4
bowline establishments having 12 or more lanes and all necessary
equipment to o ero ate them: and 51 an bona fide movie theater
with 5 or more screens.
SECTION 6. 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 re-lettered 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 re-lettered and the
correction of typographical errors which do not affect the intent maybe authorized by the City
Manager, without need of public hearing, by filing a corrected or re-codified copy of same with
the City Clerk.
SECTION 7. 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 8. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
2-
006.268423.1 "
PASSED AND ADOPTED this day of , 2002.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED November 7, 2002
READ FIRST TIME November 5, 2002
READ SECOND TIME AND ADOPTED
, 2002
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM
AND LEGALITY
this day of , 2002.
FOLEY & LARDNER
By:
City Attorney
006.268423.1 -3-
ALCOHOLIC BEVERAGES
Chapter 38
ALCOHOLIC BEVERAGES
ARTICLE I
Unsealed Beverages
§ 38-1. Definitions.
§ 38-2. Prohibited acts.
§ 38-3. Penalties for offenses.
ARTICLE II
Sale of Beverages
§ 38-4. Definitions.
§ 38-5. Locational requirements.
§ 38-5.1. Exemptions to locational requirements.
§ 38-6. Hours.
§ 38-7. Nuisances.
§ 38-8. Penalties for offenses.
[HISTORY: Adopted by the City Commission of the City of Ocoee as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment—See Ch.34.
Late-night businesses—See Ch.57.
Special events—See Ch. 146.
3801 1-1-99
§ 38-1 OCOEE CODE § 38-5
ARTICLE I
Unsealed Beverages
[Adopted as Sec. 15-9 of the 1977 Code of Ordinances]
§ 38-1. Definitions.
The term "alcoholic beverage" as defined by the laws of the State of Florida
is hereby adopted as the definition of alcoholic beverages as herein employed.
§ 38-2. Prohibited acts.
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-
§ 38-3. Penalties for offenses. [Added 9-1-1992 by Ord. No. 92-20]
Any person violating any provision of this article shall, upon conviction, be
punishable as provided in § 1-12 of Chapter 1, General Provisions, Article II, of
the Code of the City of Ocoee.
ARTICLEII
Sale of Beverages
[Adopted as Ch. 3 of the 1977 Code of Ordinances]
§ 38-4. Definitions.
The definition of the terms "alcoholic beverage" and "intoxicating
beverage" as used in this article shall be the same as the definition of the
terms now or hereafter prescribed in F.S. § 561 .01 .
§ 38-5. Locational requirements.
Any place of business in which alcoholic beverages or intoxicating
beverages are sold or furnished at retail to the public by the glass or drink
within the city shall open directly and immediately upon the street, and no such
place of business shall be less than 1 ,000 feet from an established church or
3802 1 -1 -99
§ 38-5 ALCOHOLIC BEVERAGES § 38-6
school, which distance shall be measured by following the shortest route of
ordinary pedestrian travel along the public thoroughfare from the main
entrance of said place of business to the main entrance of the church and, in
the case of a school, to the nearest point of the school grounds in use as part
of the school facilities.'
§ 38-5.1. Exemptions to locations' requirements. [Added 12-1-1998 by
Ord. No. 98-321
In order to facilitate and encourage the location of schools and churches
within planned unit developments and special overlay areas, the City
Commission may, following an advertised public hearing, exempt land located
within a planned unit development zoning district and/or a special overlay area
from the provisions of § 38-5 of the City Code upon a finding that the granting
of such exemption will facilitate and encourage the location of schools and
churches within the planned unit development and/or special overlay area- In
granting any such exemption, the City Commission may impose such
conditions of approval as it deems necessary to protect school children and
church members from unwarranted exposure to alcoholic and intoxicating
beverages.
§ 38-6. Hours. [Amended 12-20-1988 by Ord. No. 88-69; 7-5-1989 by Ord.
No. 89-152]
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 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
1 Editor's Note:Original Sec.3-3,Sale,etc..to minors,which immediately followed this section,was deleted 9-1-1992
by Ord.No.92-20.
2 Editor's Note:This ordinance also provided as follows: '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.'
3803 1 -1-99
§ 38-6 OCOEE CODE § 38-6
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 Ilcenses 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
3804 r-1-99
§ 38-6 ALCOHOLIC BEVERAGES § 38-8
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 arty place of
business to sell or serve or permit alcoholic beverages to be sold
or served during prohibited hours.
§ 38-7. Nuisances. [Added 7-5-1989 by Ord. No. 89-153J
A. 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 Section 823.05 of the Florida Statutes.
B. Violations; actions to abate a nuisance. Owning, operating or
maintaining a nuisance, as defined herein, shall constitute a violation
of the Code of the City of Ocoee. The city may take any action
authorized by statute, law, ordinance, rule or regulation to abate a
nuisance as defined herein.
§ 38-8. Penalties for offenses. [Added 9-1-1992 by Ord. No. 92-20]
Any person violating any provision of this article shall, upon conviction, be
punishable as provided in § 1-12 of Chapter 1 , General Provisions, Article ll, of
the Code of the City of Ocoee.
3 Editor's Note This ordinance also provided as follows: "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."
3805 1 - 1 -99
Copy of Public Hearing Advertisement
Date Published
116 Orlando Sentinel
THURSDAY, NOVEMBER 7,2002
Advertisement
NOTICE OF PUBLIC NEARING
-CITY OF OCOEE
Notice iz hereby Riven pursuant to
Article VIII al the Constitution al
the Slate of Florida and Section LY,
Florida Statutes, Thal the Ocoee
City Commission will hold a public
the Commission Char.
hearing
ail, located at ISO N.
Lakeshore Drive, Ocoee. Foro
during o resamr Session to be held
on November n 2002.at]"u m.,
soon thereafter as possible,in
ors order m consider the adoption of
the following ordinance-.
ORDINANCE NB.IWYSa
AN ORDINANCE OF THE CITY OF
OCOEE, FLORIDA AMENDING SEC
THE
CIODE S ES OF ORDINANCES OFSENEE CITY
OF DOE CREATING AN ERMR
TION FOR CERTAIN PROPERTIES
FROM TOE
T OF SECTION]B 5 OF CHAP
h R n OF THE COOS OF ORDINANC.
ES GOVERNINGNE THE SITY ELLIN G OF
OC
OEE
MMHG ALCOHOLIC
PROVIDING FOR CODIFICATION.`GES:PRO.
VIDING FOR SFVERABILI1Yi PROVID-
ING M EHECTIVE DATE
ue`rmeei re anti be heard°with re
sped la Ihe proposed action.A copy
of the proposed ordinance may be
examined
otllce of the City
Clerk al City Hall.ISe N.Lakeshore
Drive,Ocoeee..Florida,Q iweenn.the
h ours ofMonday through Friday,except le-
Gal holidays.
NOTICE: Any
ny deco who de-
sires to appeal aision made
by Commission with respectto
moper considered al S ee any
prto oceed-
ings• annddffor suchpurpose oy need
Ine ensure
Iverbatim
mo e.which re.
idorra Include,me testimony and ev
ence uponwhich the appeal Is
based. Persons with disabilities
needing a• Ca ssistance to annmipate a
contort the OftiCese e of then Cgs ity`Clerk,
150 N.Lakeshore Drive,Ocoee,FL
hour,in odvanCe of the meeting. 4
0
Jean Grafton.City Clerk
November 7.SWS
OLSnMl1e NOVJiOO