Ord 46-11ORDINANCE NO. 46 -11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113,
"ALCOHOLIC BEVERAGES ", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
113.02, "PROHIBITION OF CONSUMPTION OR POSSESSION OF
OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC
PLACES ", TO INCLUDE AN EXCEPTION FOR THE DELRAY BEACH
ARTS GARAGE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to exclude the Delray
Beach Arts Garage from the list of prohibited locations for consumption of alcohol in order to avoid having to
obtain a waiver for each event at the Arts Garage; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 113, "Alcoholic Beverages ", Section 113.02, "Prohibition of Consumption
or Possession of Open Containers of Alcoholic Beverages in Public Places ", of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
For the purpose of this Chapter the following definition shall apply unless the context clearly indicates or
requires a different meaning:
Sec. 113.02 — PROHIBITION OF CONSUMPTION OR POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES.
(A) Within this City it shall be unlawful for any person to consume alcoholic beverages or
have in his -her possession any open container containing an alcoholic beverage while such person is:
(1) On the public streets, sidewalks, alleys and other rights -of -way with the
exception that seated patrons of a permitted sidewalk cafe may consume
alcoholic beverages:
(2) On the beach;
(3) In public parks, provided, however, that patrons of the restaurants located at the
Delray Beach Municipal Golf Course and Lakeview Golf Course may consume
alcoholic beverages on the Delray Beach Municipal Golf Course and Lakeview
Golf Course when they are golfing, and patrons attending an Old School
Square, Inc. event at Old School Square, patrons attending an event at the
Delray Beach Arts Garage /Arts Warehouse, or a Delray Beach Tennis Center
event at the Delray Beach Tennis Center may consume alcoholic beverages
during the event;
(4) In motor vehicles or trailers; or
(5) On business property outside the building with the exception that patrons
seated at permanent tables provided by the business may consume alcoholic
beverages.
(B) Any person may request that the City Manager waive the applicability of division (A) for
certain public functions or affairs. The City Manager shall have seven (7) days to consider such a
request and if denied, the applicant may appeal the denial of the request to the City Commission. Such
appeal to the City Commission must be made within seven (7) days and will be considered by the City
Commission within thirty (30) days of the denial.
Section 2. 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 whole or part thereof other than the part declared to be
invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on ' the yJ day of
2012.
MAYO
A ST:
r-NCJL
111r� City Clerk
First Reading I)CCOIL law 41
Second Readin 3 I I-
2 ORD. NO. 46 -11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: December 9, 2011
SUBJECT: AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF JANUARY 3.2012
ORDINANCE NO. 46-11
ITEM BEFORE COMMISSION
Page 1 of 1
This ordinance is before Commission for second reading to consider an Ordinance amending Chapter
113, "Alcoholic Beverages ", Section 113.02, "Prohibition of Consumption or Possession of Open
Containers of Alcoholic Beverages in Public Places ".
BACKGROUND
At the first reading on December 6, 2011, the Commission passed Ordinance No. 46 -11.
RECOMMENDATION
Recommend approval of Ordinance No. 46 -11 on second and final reading.
http: // agendas. mydelraybeach. com /Bluesheet.aspx ?ItemlD= 5216 &MeetingID =340 1/3/2012
ORDINANCE NO. 46-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113,
"ALCOHOLIC BEVERAGES ", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
113.02, "PROHIBITION OF CONSUMPTION OR POSSESSION OF
OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC
PLACES ", TO INCLUDE AN EXCEPTION FOR THE DELRAY BEACH
ARTS GARAGE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Comrnission of the City of Delray Beach, Florida, desires to exclude the Delray
Beach Arts Garage from the list of prohibited locations for consumption of alcohol in order to avoid having to
obtain a waiver for each event at the Arts Garage, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 113, "Alcoholic Beverages', Section 113.02, 'Prohibition of Consumption
or Possession of Open Containers of Alcoholic Beverages in Public Places ", of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
For the purpose of this Chapter the following definition shall apply unless the context clearly indicates or
requires a different meaning.
Sec. 113.02 — PROHIBITION OF CONSUMPTION OR POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES.
(A) Within this City it shall be unlawful for any person to consume alcoholic beverages or
have in his -her possession any open container containing an alcoholic beverage while such person is:
(1) On the public streets, sidewalks, alleys and other rights -of -way with the
exception that seated patrons of a permitted sidewalk cafe may consume
alcoholic beverages:
(2) On the beach;
(3) In public parks, provided, however, that patrons of the restaurants located at the
Delray Beach Municipal Golf Course and Lakeview Golf Course may consume
alcoholic beverages on the Delray Beach Municipal Golf Course and Lakeview
Golf Course when they are golfing, and patrons attending an Old School
Square, Inc. event at Old School Square, patrons attending an event at the
Delray Beach Arts Garage /Arts Warehouse, or a Delray Beach Tennis Center
event at the Delray Beach Tennis Center may consume alcoholic beverages
during the event;
(4) In motor vehicles or trailers; or
(5) On business property outside the building with the exception that patrons
seated at pen- nanent tables provided by the business may consume alcoholic
beverages.
(B) Any person may request that the City Manager waive the applicability of division (A) for
certain public functions or affairs. The City Manager shall have seven (7) days to consider such a
request and if denied, the applicant may appeal the denial of the request to the City Commission Such
appeal to the City Commission must be made within seven (7) days and will be considered by the City
Commission within thirty (30) days of the denial.
Section 2. 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 whole or part thereof other than the part declared to be
invalid
Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed-
Section 4. That this ordinance shall become effective upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
, 2012.
ATTEST:
City Clerk
First Reading
Second Reading
-
MAYOR
2 ORD. NO. 46-11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Terrill Pyburn, Assistant City Attorney
THROUGH: Brian Shutt, City Attorney
DATE: November 15, 2011
Page 1 of 1
SUBJECT: AGENDA ITEM 12.C. - REGULAR COMMISSION MEETING OF DECEMBER 6.2011
ORDINANCE NO. 46-11
ITEM BEFORE COMMISSION
The attached Ordinance 46 -11 is amending Section 113.02, "Prohibition of Consumption or Possession
of Open Containers of Alcoholic Beverages in Public Places."
BACKGROUND
This ordinance amendment is before Commission for approval to exclude the Delray Beach Arts Garage
from the list of prohibited locations for consumption of alcohol in order to avoid having to obtain a
waiver for each event at the Arts Garage.
RECOMMENDATION
The City Attorney's Office recommends City Commission discretion.
http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemlD= 5135 &MeetingID =363 12/9/2011
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