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HomeMy WebLinkAboutDocumentation_Regular_Tab 09_02/14/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 5-13 2/14/13 Consent Agenda: No Resolution #: Originating Department: Legal � � � • • • • - C - • • -�• Ordinance 5-13, First Readinp, 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 -(Postponed from 1/10/13) Village Attorney Davis � � . -. Account #: �,rr1a�.�nt c�f this i�err� Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Appropriate Fund Balance: '°�� ��:�� �A+ �.�:�r�,. ` • � •' • �- � • • .�- . . - - � . . Department Head Provided by Legal Finance Director Reviewed for Financial S�c�ifficiency ❑ ����,�/�� No Financial Impact � � �� Attorney: (for legal sufficiency) Village Manager: Submit for Council Discussion: � � -�'� Approve Item: ❑ Deny Item: � • • • . - .. -- - . -• •- - • .- - •- • •• - • • -• _ r • .. s - - - • - Form Amended: 7/12/12 ORDINANCE NO. 5-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING TFIE VTLLAGE CODE UF 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. ZONIP�TG 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 WHEREAS, the Villag� Cauncil 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 beverages code as stated herein. NOW, THEREFORE, 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 Ordina.nces 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 sha11 hereafter read as follows: Chapter 6 — ALC4HOLIC BEVERAGES Sec. 6-1. - coholic beverage establishments: hours of oneration and location. Sec. 6-2. - Consumption in public places. Sec. 6-1. - �lcoholic beverage establishmentsi hours of oneration � ation. � 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 pernutted to be served or consumed in any place holding a state bevera.ge license, or in any public piace within the territorial limits of the village, by any person, between the hours of 12:00 �:AA a.m. and 7:00 a.m. of the same day. that on Fridav and Saturdav � ts, when sales mav continue until 1:00 a.m. the followin� mornin� e�veclEd� � 1 nlaces of business sellin� intoxicatin� liauors, vvines and beverages for onsumntion on the nremises shall be located in conformance with Chanter 78. nin�. Sec. 78-298. Anv variance from Sec. 78-298 sranted bv the Villa�e Council shall snecifv the tvne of alcoholic bevera�e to be sold on the nremises (e.s. full liauor service or beer & wine onlvl. and sha11 run with the land so lon� as the tvne of alcoholic bevera�e service does not chan�e and is not discontinued for more than 90 d�, s• Sec. 6-2. - Consumption in public places. (a) General prohibition. No person sha11 drink any alcoholic beverage as defined in F.S. § 561.01(4) in or upon any street, avenue, alley, park, municipally owned or operated parking lot or other public way in the village. (b) "Public way" defrned. For purposes of this section, the term "public way" shall include, but not be limited to, pazking areas or drives of retail and wholesale establishments within the village which are commonly open to the general public for the purpose of pazl�ing 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 organizatian or club a.nd shall be filed in the office of the village clerk at least seven days prior to the proposed activity, along with a resolution of the organization or club giving authorization for the application for the pernut. Upon receipt of the application, the village manager sha11, upon a determination being made that the requirements of this section have b�n met and tha.t the applicant is a legitimate organization or club, issue a permit authorizing the proposed activity, designating the place of such activiiy and the time. The pemut sha11 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. shall remain in full force and effect as previously adopted. Section 3: All ardinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision 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.