Item #05 Second Reading of Ordinance Amending Section 38-6 of Article II of Chapter 38 of the City of Ocoee Code of Ordinances Relating to Hours of On-Premise Sale of Alcoholic Beverages t J
Ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: October 3, 2017
Item #
Pg._ Reviewed By:
Contact Name: Mike Rumer, City Planner Department Director:
Contact Number: 407-905-3157 City Manager:
Subject: Second Reading of an Ordinance Amending the City Code Extending the Hours of
On Premise Sale and Consumption of Alcoholic Beverages within City Limits
Background Summary:
The City's Code of Ordinances for on premise sale and consumption of alcoholic beverages provides for no
alcoholic beverages being sold, consumed, or permitted to be served between the hours of 2:00 a.m. and
11:00 a.m. every day of the week.
The Cities of Orlando, Winter Garden, and Windermere have amended their respective codes to allow for
the sale and consumption of alcohol on premises to begin at 7:00 a.m. and to conclude at 2:00 a.m. every
day in order not to be placed in an economic disadvantage in Orange County. City Staff, with the backing of
the West Orange Chamber of Commerce is proposing to amend the code to fall in line with these cities to
keep Ocoee on an even playing field with respect to economic development.
The proposed amendment will change the hours of on premise sale and consumption of alcohol from 11:00
a.m. to 7:00 a.m. every day of the week. The cutoff time of 2:00 a.m. will remain in effect.
Issue:
Should the Honorable Mayor and City Commission approve an ordinance amending the City of Ocoee Code
which will revise the hours of on premise sale and consumption of alcoholic beverages?
Recommendation:
Staff recommends the Honorable Mayor and City Commission approve an ordinance amending the City of
Ocoee Code which will revise the hours of on premise sale and consumption of alcoholic beverages.
Attachments:
Ordinance
West Orange Chamber of Commerce Letter
Financial Impact:
None
Type of Item:
Z Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading ❑ Consent Agenda
® Ordinance Second Reading nPublic Hearing
❑ Resolution 0 Regular Agenda
Z Commission Approval
O Discussion&Direction
[ ] Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney ❑ N/A
Reviewed by Finance Dept. El N/A
Reviewed by ( ) ❑ N/A
ORDINANCE NO. 2017-
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 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.
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 day of , 2017.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY ADVERTISED ,2017
BY THE CITY OF OCOEE,FLORIDA READ FIRST TIME ,2017
APPROVED AS TO FORM READ SECOND TIME AND ADOPTED
AND LEGALITY ,2017
this day of ,2017. UNDER AGENDA ITEM NO.
Shuffield, Lowman & Wilson, P. A.
By:
Scott Cookson, City Attorney
c1
Driven to advocate and
_facilitate opportunity since 1972.
idio
12184 W Colonial Drive
Winter Garden,FL 34787
(407)656-1304
'ochambeecom
June 30, 2017
Mr. Rob Frank
City Manager, Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
RE: City of Ocoee Ordinance: Chapter 38 Alcoholic Beverages: § 38-6. - Hours. [Amended 12-20-1988 by Ord. No.
88-69; 7-5-1989 by Ord. No. 89-15]
Dear Mr. Frank,
Back in May, we discussed the change to the Orange County Alcohol Ordinance for Sunday sales which went into
effect on May 15, 2017. That ordinance now allows for the sale and service of alcohol on Sunday in Orange
County lodging properties and restaurants to begin at 7:00 am and to conclude at 2:00 am.
Upon my review of the communities within the West Orange County service area of our Chamber of Commerce,
the city of Ocoee's time of service on Sunday does not mirror those communities. Service in Ocoee begins at
11:00 am on Sunday and concludes at 2:00 am on Monday. In addition to the county, the cities of Orlando and
Winter Garden and the Town of Windermere begin service at 7:00 am on Sunday and conclude at 2:00 am.
In order for the existing businesses and future businesses within these industry sectors identified above to not be
placed in an economic disadvantaged position,the West Orange Chamber of Commerce (WOCC) urges the city to
amend its ordinance to mirror the change made by the county and other municipalities. With all the planned
development for the downtown area at Highway 50 and Bluford, and Maguire and Highway 50,this ordinance
may discourage businesses of this type from locating in Ocoee.
The WOCC will be happy to support this ordinance change and is prepared to facilitate informational sessions and
appear before the city commission. Please let us know what else we may do to move this matter forward.
Yours truly,
......""jitt.....v\....tLi 6._,,,,,.._
Stina D'Uva
President/CEO i
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ACE Hardware Apple Air Conditioning&Heating,Inc, Best Cleaners Boyd Development Corporation Bright Future Electric,ftC
Community Cemex CenturyLink Computer Business Consultants,Inc. DRB Benefits Group Duke Energy First Class Cleaners Fishback Dominick
Trustees Florida Blue Florida Hospital-Winter Garden June Engineering Consultants,Inc. Observer Media Group Orlando Health
R.C.Stevens Construction Company Seacoast Bank University of Central Florida Walt Disney World Company
CITY OF OCOEE
COPY OF ADVER NOTICE OF PUBLIC HEARING
FOR AN AMENDMENT TO
THE CITY CODE OF
Date Published and 11 ORDINANCES
HOURS OF ON-PREMISE SALE
Friday,September 8,2017 Orlando Sentinel I A9 OF ALCOHOLIC BEVERAGES
NOTICE IS HEREBY given that the City of Ocoee City
Commission will consider a proposed Amendment to
Advertisement (A
the City Code of Ordinances pertaining to the Hours of
Sale of On-Premise Sale of Alcoholic Beverages.
The OCOEE CITY COMMISSION will hold a public
hearing on the proposed amendment on TUESDAY,
SEPTEMBER 19, 2017, AT 6:15 PM or as soon
thereafter as practical.The public hearing will be held
in the City Hall Commission Chambers located at 150
North Lakeshore Drive, Ocoee.
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.
Interested parties may appear at the public hearing
and be heard with respect to the proposed actions
above.The complete case file may be inspected at the
Ocoee Development Services Department/Planning
Division located at 150 North Lakeshore Drive,Ocoee,
Florida between the hours of 8:00 a.m.and 5:00 p.m.,
Monday through Friday,except legal holidays.The City
Commission may continue these public hearings to
other dates and times, as it deems necessary. Any
interested party shall be advised of the dates,times,
and places of any continuation of these or continued
public hearings shall be announced during the hearing
and no further notices regarding these matters will
be published. You are advised that any person who
desires to appeal any decision made at the public
hearings will need a record of the proceedings and
for this purpose may need to ensure that a verbatim
record of the proceedings is made which includes
the testimony and evidence upon which the appeal
is based.Persons with disabilities needing assistance
to participate in any of these proceedings should
contact the City Clerk's Office 48 hours in advance of
the meeting at 407-905-3105.
Melanie Sibbitt,City Clerk Publish Date:September 8,2017
COPY OF ADVERTISEMENT
Date Published and Media Name
Orlando Sentinel Friday,September 22,2017
Advertisement or Article
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
FOR AN AMENDMENT TO
THE CITY CODE OF ORDINANCES
HOURS OF ON.PREMISE SALE OF ALCOHOUC
BEVERAGES
NOTICE IS HEREBY given that the
City of Ocoee City Commission will
consider a proposed Amendment to the
City Code of Ordinances pertaining to
the Hours of Sale of On-Premise Sale of
Alcoholic Beverages.
The OCOEE CITY COMMISSION will
hold a public hearing on the proposed
amendment on TUESDAY,OCTOBER
3, 2017, AT 6:15 PM or as soon
thereafter as practical. The public
hearing will be held in the City Hall
Commission Chambers located at 150
North Lakeshore Drive,Ocoee.
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.
Interested parties may appear of
the public hearing and be heard with
respect to the proposed actions above.
The complete case file may be inspected
at the Ocoee Development Services
Department/Planning Division located
at 150 North Lakeshore Drive, Ocoee,
Florida between the hours of 8:00
a.m. and 5:00 p.m., Monday through
Friday,except legal holidays.The City
Commission may continue these public
hearings to other dates and times,as it
deems necessary. Any interested party
shall be advised of the dotes, times,
and places of any continuation of these
or continued public hearings shall be
announced during the hearing and no
further notices regarding these matters
will be published.You are advised that
any person who desires to appeal any
decision made at the public hearings
will need a record of the proceedings
and for this purpose may need to
ensure that a verbatim record of the
proceedings is made which includes
the testimony and evidence upon
which the appeal is based. Persons
with disabilities needing assistance to
Participate in any of these proceedings
should contact the City Clerk's Office
48 hours in advance of the meeting at
407-905-3105.
Melanie Sibbitt,City Clerk
055190230 9/222017