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Home My WebLink AboutDocumentation_Regular_Tab 16_01/10/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 5-13 1/10/13 Consent Agenda: No Resolution #: Originating Department: Village Attorney � �� •• • • - : -• • -�• Ordinance 05-13, First Readinq, cross referencing the alcoholic beverage code to zoning requirements for places that sell alcoholic beverages for on-site consumption, and specifying that variances from that zoning requirement will run with the land to the extent that the type of beverage sale does not change � � Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: :,� ,_� - Appropriate Fund Balance " r �. � � ., ' • ' •' . . • • • .�- Ordinance 05-13, First Readinq, cross referencing the alcoholic beverage code to zoning requirements for places that sell alcoholic beverages for on-site consumption, and specifying that variances from that zoning requirement will run with the land to the extent that the type of beverage sale does not change ....� . . Department Head � - � Finance Director Reviewed for Financial Sufficiency ❑ No Financial Impact ❑ Attorney: (for legal sufficiency) Village Manager: '' �,... T -- Submit for Council Discussion: ❑ Approve Item: ❑ Deny Item: � • s - . . - _. -- - . -. •- - • •- - •° • •r ° . • -• _ • . _ - . - - - • - Form Amended: 7/12/12 ORDINANCE NO. 05-13 AN ORDINANCE OF THE VII.LAGE COUNCIL OF TIiE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 6. ALCOHOLIC BEVERAG�S, BY CROSS REFERENCING LOCATION REQUIREMENTS FOR PLACES OF BUSINESS THAT SELL ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION WITH CHAPTER 78. ZONING AND BY CLARIFYING THE VARIANCE PROCESS FOR SUCH LOCATIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 6. ALCOHOLIC BEVERAGES. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAU5E, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village Code of Ordinances at Chapter 6. Alcoholic Beverages by cross referencing location requirements for places of business that sell alcoholic bevera.ges for on-site consumption with Chapter 78. Zoning and by clarifying the variance process for such locations; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in t1�e best interests of the health, safety, and welfaze of the citizens of the Village of Tequesta that the Village amend its alcoholic beverages code as stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: SecNon 1: Cha.pter 6. Alcoholic Beverages. of the Code of Qrdinances of the Village of Tequesta is hereby amended by cross referencing location requirements for places of business that sell alcoholic beverages for on-site consumption with Chapter 78. Zoning and by clarifying the variance process for such locations; providing that Chapter 6. Alcoholic Beverages shall hereafter read as follows: Chapter 6 — ALCOHOLIC BEVERAGES Sec 6-1 - LT�••-� �� °-�*�� nqlcoholic beverage establishments• hous of oneration and location. Sec. 6-2. - Consumption in public places. Sec. 6-1. - _ cohoGc beverage establishments: hours of oner�tioa and location. �a No alcoholic beverage as defined in F.S. § 561.01(4) may be sold in sealed containers or otherwise, for consumption on or off the premises, or served or permitted to be served or consumed in any place holding a state beverage license, or in any public place within the temtorial limits of the village, by any person, between the hours of 3:00 a.m. and 7:00 a.m. of the same da.y on weekda.ys, and betw�n the hours of 3:00 a.m. and 8:00 a.m. of the same day on Sundays. � All laces of business sellin� intoxicating liauors win and bevera.�es for co umntion on the nremises shall be located in conformance with Chanter 78. Zonin�. Sec. 78-298. Anv variance from Sec. 78-29� gra bv the Vilia�e Council shall snecifv the tvne of alcoholic bevera.�e to be sold on �he nremises (e � fu11 liauor s'ce or beer & wine onlvl, and shall run with the land so lon� as the tvne of coholic bevera�e service does not chan�e Sec. 6-2. - Consumption in public places. (a) General prohibition. No person shall drink any alcoholic beverage as defined in F.S. § 561.01(4) in or upon any street, avenue, a11ey, pazk, municipally owned or operated parking lot or other public way in the village. (b) "Pubdic way" definec� For purposes of this section, the term "public way" shall include, but not be limited to, parking areas or drives of retail and whalesale establishments within the village which aze commonly open to the general public for the purpose of parking and/or driving. (c) Permit. Any civic organization, legitimately chartered organization or club, or the village during village sponsored activities wishing to cany on any activity within or on areas described in subsection (a) of this section, which activities would include the consumption of alcoholic beverages as defined in F.S. § 561.01(4), may make applica.tion in writing to the village manager for a permit allowing such consumption. The application shall be signed by an o�icer of the organization or club and shall be filed in the office of the village clerk at Ieast seven days prior to the proposed activity, along with a resolution of the organiza.tion or club giving authorization for the application for the permit. Upon receipt af the application, the village mana.ger sha11, upon a determination being made that the requirements of tlus section have been met and that the applicant is a legitimate organiza.tion or club, issue a pernut authorizing the proposed acrivity, designati.ng the place of such activity and the time. The permit shall be valid only for a specified time within a period not to exce�d 48 hours in succession. Section 2: Each and every other Section and Subsection of Chapter 6. Alcoholic Bevera.ges. sha11 remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same axe hereby repealed. Section 4: Should any section or pravision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage.