Loading...
Ord 57-09(J1ZDINANC;E NU. 57-0~ AN ORDINA]vCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES BY AMENDING SECTION 113.15, "HOURS OF SALE AND CONSUMPTION; EXEMPTION", TO ELIMINATE THE CI:~~RENT RESTRICTION FOR THE CONSI,rMPTION OF ALCOHOL, ON PREMISES, ON SI:-~~DAY MORNING, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the ordinances of the City of Delray Beach currently prohibit the on premise consumption of alcohol on Sunday mornings prior to 12:00 p.m.; WHEREAS, the City Commission of the City of Delray Beach is aware that at least one other jurisdiction, adjacent to the City, allows the on premise consumption of alcohol on Sunday morning; WHEREAS, this proposed ordinance would only allow the on premise consumption of alcohol on Sunday morning, and not the sale of alcohol for off premise consumption, WHEREAS, the City Commission of the City of Delray Beach desires to eliminate the current restriction for the consumption of alcohol, on premises, on Sunday morning. NOW, THEREFORE, BE IT ORDAITtiTED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 113, "Alcoholic Beverages", of the Code of Ordinances is amended by amending Section 113.15, "Hours of Sale and Consumption; Exemption", to read as follows: Sec. 113.15. HOURS OF SALE AND CONSL,TNIPTION; EXEMPTION {A) Hours of Sale and Consumption. It shall be unlawful {except as provided in division {B) below} for any person to sell, serve, consume or deliver, or permit to be sold, consumed, served or delivered any alcoholic beverage containing over one percent of alcohol by weight in the City during the following hours: From 2:00 a.m. to 12:01 p.m. on Sundays, and 2:00 a.m. to 7:00 a.m, on Mondays through Saturdays except only on January 1 when the closing hour shall be extended to 4:00 a.m. However, nothingrprovided in this Section shall prevent an alcoholic beverar~e, as defined in Florida Statute Chapter 561, from being sold and consumed on the premises of an Alcoholic Beverage Establishment be ig_nning at 7:00 a.m. on Sunday mornings. {B} Exemption for Serving and Consuming in Private homes. None of the above provisions shall apply to an individual serving and consuming (but not selling) any alcoholic beverage in his home after the closing hours established herein and during the hours set forth above. Section 3. That should any section ar provision of this ordinance or any portion thereof, any paragraph, sentence, ar word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whale or part thereof other than the part declared to be invalid. Section 4. That all ordinances ar parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. P SSED A,ND ADAPTED in regular session on secan d final reading this the day of ~ , 2009. ~l~ ATTEST M A ~. City Clerk First Reading ~~ ~ ~5~~ Second Reading ~~ c~ 2 URD. NO. 57-09 Page 1 of 1 MEM{~RANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 14.J. -REGULAR COMMISSION MEETING OF OCTOBER 24 244 ORDINANCE NO. S?-49 ITEM BEFORE Ct}MMISSIUN This ordinance is before Commission far second reading to consider acity-initiated amendment to Chapter 113, Alcoholic Beverages", of the Cade of Ordinances by amending Section 113.15, "Hours of Sale and Constamption; Exemption", to eliminate the current restriction far the consumption of alcohol on premises an Sunday morning, BACKGROUND At the first reading on October 6, 2009, the Commission passed Ordinance No. 57-09. RECOMMENDATION Recommend approval of Ordinance Na. 57-09 on second and final reading. http:llmiweb00l1Agendas/Bluesheet. aspx?ItemID=2'734&MeetingID=222 1021 /2009 ORDINANCE NO. 57-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES BY AMENDING SECTION 113.15, "HOURS OF SALE AND CONSUMPTION; EXEMPTION", TO ELIMINATE THE CURRENT RESTRICTION FOR THE CONSUMPTION OF ALCOHOL, ON PREMISES, ON SUNDAY MORNING, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the ordinances of the City of Delray Beach currently prohibit the on premise consumption of alcohol on Sunday mornings prior to 12:00 p.m.; WHEREAS, the City Commission of the City of Delray Beach is aware that at least one other jurisdiction, adjacent to the City, allows the on premise consumption of alcohol on Sunday morning; WHEREAS, this proposed ordinance would only allow the on premise consumption of alcohol on Sunday morning, and not the sale of alcohol for off premise consumption; WHEREAS, the City Commission of the City of Delray Beach desires to eliminate the current restriction for the consumption of alcohol, on premises, on Sunday morning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 113, "Alcoholic Beverages", of the Code of Ordinances is amended by amending Section 113.15, "Hours of Sale and Consumption; Exemption", to read as follows: Sec. 113.15. HOURS OF SALE AND CONSUMPTION; EXEMPTION (A) Hours of Sale and Consumption. It shall be unlawful (except as provided in division (B) below) for any person to sell, serve, consume or deliver, or permit to be sold, consumed, served or delivered any alcoholic beverage containing over one percent of alcohol by weight in the City during the following hours: From 2:00 a.m. to 12:01 p.m. on Sundays, and 2:00 a.m. to 7:00 a.m. on Mondays through Saturdays except only on January 1 when the closing hour shall be extended to 4:00 a.m. However, nothing provided in this Section shall prevent an alcoholic beverage, as defined in Florida Statute Chapter 561, from being sold and consumed on the premises of an Alcoholic Beverage Establishment be inning~at 7:00 a.m. on Sunday mornings. {B} Exemption for Serving and Consuming in Private homes. Mane of the abave provisions shall apply to an individual serving and consuming {but not selling} any alcoholic beverage in his borne after the closing hours established herein and during the hours set forth abave. Section 3. That 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 hereof as a whale or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section ~. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2409. ATTEST City Clerk First Reading Second Reading MAYOR 2 C}RI7. N0.57-09 Page 1 of 1 MEM{JRANDUM TO: Mayor and City Commissioners FRC}M: R. Brian Shutt, City Attorney DATE: September 29, 2449 SUBJECT: AGENDA ITEM 12 F - REGULAR C©MMISSI4N MEETING C}F OCTOBER ~ 2009 ORDINANCE NO.57-09 ITEM BEFORE COMMISSION The item before the Commission is Qrdinance 57-49 which amends Section 113.15 of the Code of Qrdinances by changing the beginning time for the on premise consumption of alcohol at an Alcohalic Beverage Establishment on Sunday mornings from 12:41 p.m. to 7:44 a.m.. BACKGROUND The City received an inquiry regarding its Sunday morning restrictions on alcoholic beverage sales and the possibility of changing the beginning time for on premises consumption of alcohol from 12:44 p.m. to 7:44 a.m.. Boynton Beach had recently changed its ordinance to allow for the sale and consumption of alcohol on Sunday morning starting at 7:44 a.m.. The proposed change only allows for the consumption of alcohol at Alcoholic Beverage Establishments, where such consumption is allowed, to begin at 7:44 a.m.. This ordinance does not change the time that alcohol may be sold for off premise consumption. RECOMMENDATION Staff recommends approval of Ordinance 57-49. http:llmiweb4411AgendaslBluesheet.aspx?ItemTD=2b68&MeetingID=224 14I13J2449