2017-024 Alcoholic Beverages - Hours of On Premise Sale ORDINANCE NO. 2017-024
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 4:40 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 3'day of ( de- , 2017.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
jil/agF
Melanie Sibbitt, City Clerk Rusty Johnso A, Mayo
(SEAL)
FOR USE AND RELIANCE ONLY ADVERTISED f////mil\f?,,o7/, , a , 2017
BY THE CITY OF OCOEE FLORIDA READ FIRST TE, /Xr 2017
APPROVED AS TO FORM READ SECOND TIME AND ADOPTED
AND LEGALITY d iAbf,- „3 ,2017
this 39-i' day of 0G-T-t. :2, ,2017. UNDER AGENDA ITEM NO. 5-
Shuffield, Lowman & Wilson, P. A.
By:
Scott ookso• ty Atto - •