2006-010 Sale and Consumption of Alcoholic Beverages at Certain Community Events
RESOLUTION NO. 2006-010
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
TO ALLOW FOR THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES AT CERTAIN COMMUNITY
EVENTS WHEN AUTHORIZED IN ADVANCE BY THE
CITY COMMISSION AND WHEN A VALID LIQUOR
LICENSE IS OBTAINED AND DISPLAYED; PROVIDING
FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, on July 18, 2006, the City Commission of the City of Ocoee, Florida (the
"City Commission") adopted a Resolution to allow for the sale and consumption of alcoholic
beverages at certain community events when authorized in advance by the City Commission and
when a valid liquor license is obtained and displayed,
WHEREAS, the City Commission of the City of Ocoee desires to authorize the
consumption of alcoholic beverages at certain times and at certain places on public property
when offered for sale and consumption as part of a community event; and
WHEREAS, this section shall not prohibit the offering of alcoholic beverages for sale
and consumption in public places as part of a community event PROVIDED that the
organization seeking to offer alcoholic beverages requests by application with the City Clerk,
authorization from the City Commission and identify the particular community event or events at
which the sponsor wishes to offer alcoholic beverages for sale and consumption. The application
must be made no later than thirty (30) days prior to the first community event for which
authorization is sought. Those applying for the City Commission's authorization to offer
alcoholic beverages for sale and consumption must meet the requirements of state law with
respect to liquor permits and the "Special Event Permit to Authorize Sale of Alcoholic Beverages
General Conditions" (attached hereto as "Exhibit "A"). During the course of the community
event, the state liquor permit must be displayed within the area, For purposes of this section,
"community event" shall mean fairs, markets, and festivals held on public property where the
public at large is invited to attend, including but not limited to the Founder's Day. As
appropriate, the City Commission may specify special conditions of use including the types of
alcoholic beverages to be sold and note the conditions on the authorization.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISION OF THE
CITY OF OCOEE, FLORIDA:
SECTION 1. Authority, The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of
Florida, and Chapter 163, Florida Statutes (2005) and Part III, Chapter 163, Florida Statutes
(2005).
SECTION 2. Findin2s, The City Commission does hereby find, the sale and
consumption of alcoholic beverages at certain community events when authorized in advance by
the City Commission and when a valid liquor license is obtained and displayed.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Resolution 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, Effective Date, This resolution shall become effective
immediately upon passage and adoption; this 18th day of July, 2006
APPROVED:
tlJ' )J1ff
CITY OF OCOEE, FLORIDA
.
1/
"dyS7&t !~~!
Both, Eikenbel'f~, -City Clerk A(f. ^j
iA..<,t (\.1\ . t S',:.J b ,-tr "
S. Scott Vandergrift, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDEt- AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA:
APP~OVED AS ~R FORM AND LEGALITY
This 18- day of -...J LJ l 'i' , 2006.
/
FOLE~JLE,M
By: IJ(;
City Attorney
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EXHIBIT" A"
SPECIAL EVENT PERMIT
TO AUTHORIZE SALE OF ALCOHOLIC BEVERAGES
GENERAL CONDITIONS
The city commission may require any such civic or fraternal organization, service group,
chamber of commerce, shrine club or any group to enter into a written lease agreement and/or
an indemnification agreement to indemnify and save harmless the city from any and all liability
which may arise as a result of any such function and may further require any such civic or
fraternal organization, service group, chamber of commerce, shrine club or other group to
secure public liability insurance coverage from an insurance company and in an amount that is
acceptable to the city council.
As provided in F,S., 9 561.422, any nonprofit civic organization (hereinafter "applicant")
that desires to sell, provide or serve alcoholic beverages for possession and/or consumption at
an event located on property owned by the city shall file an application form, according to the
procedures set forth herein, for the issuance of an Special Event Permit to Authorize Sale of
Alcoholic Beverages authorizing such sale, possession and/or consumption of alcoholic
beverages. For the purposes of this section, the term "nonprofit civic organization" shall mean
an organization:
(1) Which has been granted tax exempt status under section 501 (c) (3) or (6) of the
Internal Revenue Code of 1986 as amended;
(2) Which operates an office in the city for the conduct of its business; and
(3) Whose business is devoted to promoting community and economic development
within the city,
Any applicant seeking authorization for the sale, possession and/or consumption of
alcoholic beverages shall obtain a Special Event Permit to Authorize Sale of Alcoholic
Beverages application which shall be filed with the city clerk or his/her designee no less than
thirty (30) days prior to the proposed special event. The filing fee for a Special Event Permit to
Authorize Sale of Alcoholic Beverages application form shall be twenty five dollars ($25.00) and
shall accompany the application upon filing by the applicant.
Any applicant seeking authorization for such sale, possession and/or consumption of
alcoholic beverages shall apply to and receive approval from the director of the division of
alcoholic beverages and tobacco of the department of business and professional regulation in
accordance with F,S., 9 561.422 prior to the event. After receiving approval from the director of
the division of alcoholic beverages and tobacco; the applicant shall file an amendment to the
Special Event Permit to Authorize Sale of Alcoholic Beverages application form, documenting
evidence of approval of such approval granted by the director of the division of alcoholic
beverages and tobacco with the city manager or his/her designee on the Special Event Permit
to Authorize Sale of Alcoholic Beverages application form provided by the city manager's office.
The city commission shall consider the Special Event Permit to Authorize Sale of
Alcoholic Beverages application at a regular meeting after the application has been submitted to
the city clerk's office. The city commission's meeting to consider the Special Event Permit to
Authorize Sale of Alcoholic Beverages application shall be held within thirty (30) days after a
completed application is received by the city clerk's office, The city clerk and his/her designee
shall give the applicant notice of the date and time when the application will be reviewed by the
city commission.
Permits issued pursuant to this section for the sale, possession and/or consumption of
alcoholic beverages at a special event shall be subject to the following conditions:
1) The applicant shall be required to mark the access point of the serving area with signs
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informing patrons that alcoholic beverages are not to be taken past the perimeter of the area
shown on the site plan, and the applicant shall staff the entrance with such personnel as are
necessary to enforce the condition;
(2) No applicant shall be issued more than three (3) permits per year;
(3) No permitted event may exceed three (3) days in duration;
(4) An applicant must provide general liability and other insurance as required by the
provisions of Florida Statutes for the sale and/or consumption of alcoholic beverages;
(5) The proposed sales and/or consumption activity must be associated with a public
event;
(6) The proposed sales and/or consumption activity will not unreasonably interfere with or
detract from the promotion of public health, welfare, safety and recreation;
(7) The proposed sales and/or consumption activity will not entail extraordinary or
burdensome expense or police operation by the city;
(8) The use of alcoholic beverages is not expected to result in violence, crime or disorderly
conduct;
(9) The person responsible for conducting the event on behalf of the applicant meets state
minimum age licensing requirements and has not been convicted of a felony or crime involving
moral turpitude;
(10) The applicant has obtained all necessary federal, state and local permits to engage in
the proposed sales and/or consumption activity;
(11) Hours of operation for the sales and/or consumption activity shall be limited to the
hours of noon through 11 :00 p.m, of events held on Monday through Saturday and 1 :00 p,m. to
7:00 p,m. for events held on Sunday~ the applicant shall be fully responsible for enforcing the
hours of operation; the applicant shall be liable for the failure to enforce the hours of operation;
(12) Alcoholic beverages shall be served in plastic containers only, and no cans or glass
containers shall be permitted;
(13) The applicant shall provide for proper disposal of litter resulting from the activity;
(14) The applicant shall comply with all ordinances associated with permitting of events
upon public property;
(15) (a) The possession and consumption of alcoholic beverages shall be confined to
designated areas. The sale of alcoholic beverages shall be confined to private property within
designated areas, The consumption and possession of alcoholic beverages upon a public street
may be permitted as a part of a special event subject to the other conditions in this section. The
perimeter of the designated area shall be posted for the entire event Only alcoholic beverages
that are sold by the applicant within the posted areas shall be permitted to be possessed,
consumed, or purchased within the said secured areas,
(b) It shall be unlawful for any person to carry alcoholic beverages into the designated
and/or posted areas. Any person who violates this proscription shall be subject to ejection from
the event and shall be subject to arrest
(16) The applicant may be required to pay all additional costs of police and other city
services attributable to the sale or consumption alcoholic beverages during the activity. On a
case by case basis, the Chief of Police shall determine the number of city police officers that
shall be required for each individual event The applicant shall reimburse the city for costs
incurred in providing the security needed at a special event where alcoholic beverages are
permitted,
(17) No person under the age of twenty-one (21) shall be permitted to possess, consume,
or distribute any alcoholic beverages at the permitted event
(18) Any person who desires to purchase, possess, or consume alcoholic beverages at a
permitted event must first present proper identification establishing that such person is of legal
age to purchase, possess and consume alcoholic beverages in the State of Florida, Le, age
twenty-one (21) or older. After displaying proper proof of legal age, the person desiring to
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purchase, possess, or consume alcoholic beverages shall receive a wristband from the
applicant or his/her agent, which shall be attached to the said person's wrist and worn at all
times during which that person possesses or consumes any alcoholic beverage at the permitted
event. Each wristband shall be constructed of such a material, and in such a manner, that it
cannot be removed without destroying or altering the physical form of the wristband.
(19) The applicant is prohibited from serving or selling alcoholic beverages to any person
who:
a, Appears intoxicated;
b, Is not wearing a wristband;
c, Is wearing a wristband that is altered or destroyed.
(20) The applicant shall provide additional rest room facilities (e.g, portable potties) as are
necessary to serve the additional patrons,
The decision of the city commission shall be the final determination on the approval or
denial of the Special Event Permit to Authorize Sale of Alcoholic Beverages application. In
considering the application for approval or denial, the city commission shall consider the above
listed conditions in addition to any other factors which it deems necessary in order to render a
decision on whether or not to approve a Special Event Permit to Authorize Sale of Alcoholic
Beverages application.
Within the boundaries of the areas so designated in the Special Event Permit to
Authorize Sale of Alcoholic Beverages application form, any person who is twenty-one (21)
years of age or older may possess and/or consume only those alcoholic beverages described
herein at such a lawfully permitted event, as approved by the city commission,
July 10, 2006
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