Item #15 Revision of Chapter 38 to Allow Alcohol Sales and Consumption at City-Owned Facilitiesire C of Good Live
AGENDA ITEM COVER SHEET
Meeting Date: February 19, 2013
Item # 1
Reviewed By:
Contact Name: Al Butler Department Director: �..�
Contact Number: 407 - 905 -3100, ext. 1543 City Manager:
Subject: Revise Chapter 38 to allow alcohol sales and consumption at City -owned facilities in order to
support rental operations —First Reading.
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. 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 is proposed for the February 19 City
Commission meeting. The second reading and proposed adoption would occur at a future City
Commission meeting in March, at which time the rules and regulations for facility rentals will also be
presented for adoption by resolution.
Attachments:
• Proposed ordinance modifying Chapter 38 of the Code of Ordinances of the City of Ocoee, for first
reading
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 `Y)
Public Hearing
For Clerk's Dept Use:
X Ordinance First Reading
Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
Commission Approval
Discussion & Direction
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 —A -R )
N/A
N/A
N/A
2
ORDINANCE NO.
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 day of
ATTEST:
Beth Eikenberry, City Clerk
2013.
APPROVED:
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 , 2013.
SHUFFIELD, LOWMAN & WILSON
City Attorney
ADVERTISED , 2013
READ FIRST TIME , 2013
READ SECOND TIME AND ADOPTED
, 2013
UNDER AGENDA ITEM NO.
-I)-
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 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 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 from the Florida Department of Business Regulation, which
-3-
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 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.
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