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Home My WebLink AboutDocumentation_Regular_Tab 05_03/14/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: Ord 5-13 As amended from 3/14/13 First Reading Consent Agenda: No Resolution #: Originating Department: Village Attorney � � • • • • • - : - • • -�• Ordinance 5-13, Second Readinq, Revising Permitted Hours of Operation for Businesses that Sell Alcoholic Beverages for On-Site Consumption; Cross Referencing Location Requirements for such Businesses with Chapter 78. Zoning; Clarifying the Variance Process for such Locations; and Revising Public Consumption Permit Requirements in Association with Village Sponsored Events— (Postponed from 1/10/13 First Reading 2/14/13) Village Attorney Davis � . . .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: _-_, , Appropriate Fund Balance: __. �� . • • - .. . .- . . . ..- .. ,...� . . Department Head ,W;,.�,� , ��s ; r �� , .-, P Finance Director Reviewed for Financial S iciency ❑ No Financial Impact Attorney: (for legal sufficiency) Village Manager: _ __ ____ Submit for Council Discussion: [� = �"' � � Approve Item: ❑ Deny Item: � • � - . . - .• -- - . -. •- - • •- - •- • •• - • • -• . • • _ - • - - • - Form Amended: 7/12/12 ORDINANCE NO. 5-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF '�HE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 6. ALCOHOLIC BEVERAGES, BY REVISING PERMITTED HOURS OF OPERATION FOR BUSINESSES THAT SELL ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION; CROSS REFERENCING L4CATION REQUIREMENTS F�R SUCH BUSINESSES WITH CHAPTER 78. ZOI�IING; CLARIFYING THE VA.RIANCE PROCESS FOR SUCH LOCATIONS; AND REVISING PUBLIC CONSUMPTION PERMIT REQUIREMENTS iN ASSOCIATION WITH VILLAGE SPONSORED EVENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION O� CHAPTER 6. ALCOHOLIC BEVERAGE5. 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 OTI�R PURPOSES. WHEREAS, the Village Council of the Village of Tec�uesta desires to amend the Village Code of Ordinances at Chapter 6. Alcoholic Beverages by revising hours of opera.tion for businesses that sell alcoholic bevera.ges for on-site consumption; by cross referencing location requirements for such businesses with Chapter 78. Zoning; by clarifyi.ng the variance process for such locations; and by revising public consumption pernut requirements in association with village sponsored events; and WHEREAS, 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 beverages code as stated herein. NOW, 'TI�REFORE, BE IT ORDAIlVED BY THE VILLAGE COUNCIL OF TI� VILLAGE OF TEQUESTA, FLORIDA., THAT: Section 1: Chapter 6. Alcoholic Bevera.ges. of the Code of Ordinances of the Village of Tequesta. is hereby amended by revising hours of operation for businesses that sell alcoholic beverages for on-site consumption; by cross referencing location requirements for such businesses with Chapter 78. Zoning; by clarifying the variance process for such locations; and by revising public consumption pernut requirements in association with village sponsored events; providing that Cha.pter 6. Alcoholic Beverages sha.11 hereafter read as follows: Chapter 6 — AI.COHOLIC BEVERAGES �ec. 6-1. - coholic bevera,�e establishments: hours of oneration and location. Sec. 6-2. - Conswnption in public lp aces. Sec. 6-1. - _ coholic beverage establishments• ours of oneration location. � No alcohalic 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 withi.n the territorial limits of the village, by any person, between the hours of 12:00 �:�A9 a.m. and 7:00 a.m. of the same da.y. excent on Fridav and Saturdav nights. when sales mav continue until 1:00 a.m. the following mornin� e}�eel� � 1 �laces of business sellin� intoxicatin� liauors. wines and bevera�es for consumntion on the nremises shall be located in conformance with Chanter 78. �onin�. Sec. 78-298. Anv variance from Sec. 78-298 �ranted b,y the `Jilla�,� Council s all suecifv the twe of alcoholic bevera�e to be sold on the nremises (e.�. full liauor ice or beer & wine onlv), and shall run with the land so lon� as the tvne of alcoholic beveraee service does not chan�e and is not discontinued for more than 90 � Sec. 6-2. - Consumption in public places. (a) General prohibataon. No person sha11 drink any alcoholic beverage as defined in F.S. § 561.01(4) in or upon any street, avenue, a11ey, park, municipally awned or operated parking lot or other public way in the village. (b) "Public way" defined. 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 aze commonly open to the general public for the purpose of parking and/or driving. (c) Permit. In association with anv villaee snonsore� event or acrivitv. a� civic organization, � legitimately chartered organization or club, or the village itself � . . . , may make application in writing to the village manager for a permit allowing b'c onsumntion of alcoholic bevera¢es as defined in F.S. 561.01(4) on or within �eas described in subsection (al of this section sa . The application sha11 be signed by an officer of the organization or club and shall be filed in the office of the village clerk at least seven da.ys prior to the 'Ivi� suonsored event at which the proposed activiry would take nlace, along with� the case of an or�anization or club. a resolution of the organization or club giving authoriza.tion for the application for the permit. Upon receipt of the application, the village manager sha11, upon a determ.i.natian 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 durin� and in association with the villa�e snoxL�red event, designating the place of such activity and the time. The permit sha11 be valid only for a specified time withi.n a period not to exceed 48 hours in succession. Section 2: Each and every other Section and Subsection of Chapter 6. Alcoholie Beverages. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of orclinances in conflict be and the same aze 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 nat affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Sectiion 6: This Ordinance shall take effect imm�liately upon passage.