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HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_01/29/2013 ORDINANCE NO. 5-13 AN ORDINANCE OF THE VILLAGE COUNCIL QF THE VII.LAGE OF TEQUESTA, FLORIDA, AMENDING THE ViLLAGE CODE OF ORDINANCES AT CHAPTER 6. ALCOHOLIC BEVERAGES, 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 CLAUSE, 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 beverages for on-site consumption with Chapter 78. Zoning and by clarifying the variance process for such locations; and W�REAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its alcoholic bevera.ges code as sta.ted herein. NOW, TI-�REFORE, BE IT ORDAINED BY T`HE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 6. Alcoholic Beverages. of the Code of Ordinances 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 Cha,pter 6. Alcoholic Beverages shall hereafter read as follows: Chapter 6 — ALCOHOLIC BEVERAGES Sec. 6-1. - coholic bevera.�e establishments: hours of oneration and locatiQn. Sec. 6-2. - Consu.mption inpublic places. Sec. 6-1. - _ coholic beverage establishments• oneration 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 territorial limits of the village, by any person, between the hours of 3:00 a.m. artd 7:00 a.m. af the same day on weekdays, and between the hours of 3:00 a.m. and 8:00 a.m. of the same da.y on Sundays. b� All nlaces of business sellin� intoxicatin� liauors, wines and beveraees for consumntion on the nremises sha11 be located in conformance with Chanter 78. Zonin�. Sec. 78-298. Anv variance from Sec. 78-298 granted by the Vill�e Council 1 snecifv the tvne of alcoholic beveraee to be sold on the nremises (e.�. fu111iauor service or beer & wine onlv�. and shall run with the land so long as the tvue of coholic bevera�e service does not chan�e and is not discontinued for more �than 90 da. s- 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, alley, park, municipally owned or opera.ted parking lot or other public way in the village. (b) "PuBdic way" defanec� For purposes of this section, the term "public way" shall include, but not be limited to, pazking areas or drives of retail and wholesale esta.blishments within the village which are 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 carry 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 application in writing to the village manager for a permit allowing such consumption. The application shall be signed by an officer of the organization or club and sha11 be filed in the office of the village clerk at least seven da.ys prior to the proposed activity, along with a resolution of the organization or club giving authoriza.tion for the application for the pernut. Upon receipt of the application, the village manager shall, upon a determination being made that the requirements of this section have been met and that the applicant is a legitimate organization or club, issue a pernut authorizing the proposed activity, designating the place of such activity and the time. The permit shall be valid only for a specified time within a period not to exceed 48 hours in succession. Section 2: Each and every other Section and Subsection of Chapter 6. Alcoholic Beverages. sha11 remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SecNon 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declazed by a court of competent jurisdiction to be invalid, such decision sha11 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.