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HomeMy WebLinkAboutOrdinance_05-13_03/14/2013 ORDINANCE NO. 5-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE 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 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; 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 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 permit 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, THEREFORE, BE IT ORDAINED BY THE 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 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 permit requirements in association with village sponsored events; providing that Chapter 6. Alcoholic Beverages shall hereafter read as follows: Chapter 6 - ALCOHOLIC BEVERAGES Sec. 6 -1. - Mews of oeemfioa of aAlcoholLc beverage establishments: hours of operation and location. Sec. 6 -2. - Consumption in public places. Sec. 6-1. - Hours of operation of _ oholic beverage establishments amours of oneratia and location. Wa 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 12:00 3:00 a.m. and 7:00 a.m. of the same day except on Friday and Saturday nights. when sales may continue until 1:00 a.m. the following morning and between the hetws of 3.00 a:m. and 8!00 a.m. of the same &y oft Sundays* (W All places of business selling intoxicating liquors wines and beverages for consumption on the premises shall be located in conformance with Chapter 78. Zoning, Sec 78 -298 Acv variance from Sec 78 -298 granted by the Village Council shall specify the type of alcoholic beverage to be sold on the premises (e.g. full liquor s rvice or beer & wine o&) and shall run with the land so long as the type o coholic beverage service does not change and is not discontinued for more than 90 days. 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 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, parking areas or drives of retail and wholesale establishments within the village which are commonly open to the general public for the purpose of parking and/or driving. (c) Permit. In association with any village sponsored event or activity. a A,-,y civic organization, a legitimately chartered organization or club, or the village itwff rrsnaig- cv- - csarl cia airy ae . * :. 4h,.. o. .,.. F.S. the eensumption of aleehelie beyefages as defined in , may make application in writing to the village manager for a permit allowing ub 'c consumption of alcoholic beverages as defined in F.S. 561.01(4) on or within areas described in subsection (a) of this section sueh eensuffptien. The 2 application shall be signed by an officer of the organization or club and shall be filed in the office of the village clerk at least seven days prior to the sponsored event at which the proposed activity would take place along withJU the case of an organization or club, a resolution of the organization or club giving authorization for the application for the permit. 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 permit authorizing the proposed activity during and in association with the village sponsored event 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. shall 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. 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. 3 Upon Second Reading this 10 day of March 2013, the foregoing Ordinance was offered by Council Member Okun who moved its adoption. The motion was seconded by Council Member D'Ambra and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Abby Brennan X Vice -Mayor Vince Arena X Council Member Steve Okun X Council Member Tom Paterno X Council Member Frank D'Ambra X The Mayor thereupon declared the Ordinance duly passed and adopted this 14'' day of March 2013. MAYOR OF TEQUESTA Abigail rennan ATTEST: LP J ��...G0Rp O 7' m: C 0 Lori McWilliams, MMC �N'o Village Clerk `'�,,0,� 1955.. 4