Ord 45-05
( , /",\
ORDINANCE NO. 45-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING CHAPTER 113,
"ALCOHOLIC BEVERAGES", BY ENACTING A NEW
SECTION 113.21, "PATRON AGE RESTRICTIONS";
PROVIDING THAT IT SHALL BE UNLAWFUL FOR
PERSONS UNDER THE AGE OF 21 TO ENTER,
PATRONIZE, VISIT, BE ADMITTED TO, OR ALLOWED
ACCESS IN ANY ALCOHOLIC BEVERAGE
ESTABLISHMENT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the City of Dekay Beach Code of Ordinances contains, as permitted by state
law, various restrictions on the sale of alcoholic beverages within the City; and
WHEREAS, the State of Florida has established the age of 21 as the minimum drinking age
for alcoholic beverages within the State; and
WHEREAS, the City Commission of the City of Dekay Beach, Florida, recognizes the
I importance that parents and legal guardians have with respect to child-rearing and the need to
promote and enhance parental control over minors and other persons under the legal drinking age
with respect to the use and abuse of alcohol, and particularly concerning access to places where
alcohol is sold and consumed; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, deems it necessary
to enact regulations to address the problems associated with minors and other persons under the age
of 21 patronizing, visiting and loitering around alcoholic beverage establishments, by restricting the
patron age of such establishments; and
WHEREAS, with respect to regulatory issues, the City Commission for the City of Dekay
Beach, Florida, has considered judicial opinions concerning the effects of imposing age restrictions
upon individuals and businesses in an effort to curb underage drinking. These judicial opinions
include but are not limited to the following:
1. Gary v. City ofWamer Robins. Georgia, 311 F.3d 1334 (11th Cir. 2002).
( " /'ì
2. 219 South Atlantic Blvd. Inc v. City of Ft. Lauderdale, 239 F.Supp. 2d. 1265 (S.D.
Fla. 2002).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 113, "Alcoholic Beverages", of the Code of Ordinances of the
City of Dekay Beach, Florida, is hereby amended to read as follows:
Section 113.21 PATRON AGE RESTRICTIONS.
(A) Definitions.
(1) A bona fide restaurant. In the case of hotels and other similar multi-
use establishments. this restriction applies only to those areas of the establishment operating
primarily as an alcoholic beverage establishment and not as a bona fide restaurant:
(a) A bona fide restaurant shall mean an establishment engaged
primarily in the service of food where the sale or service of alcoholic beverages is incidental
to the sale and service of food. A cafeteria or fast food establishment shall be deemed a
bona fide restaurant for the purposes of zoning classification. All other establishments must
meet the following criteria:
1. A bona fide restaurant must during all hours of
operation. continually offer food service consisting of full course meals:
a. Full course meals shall include a salad or
vegetable. entrée. and dessert:
2. A bona fide restaurant must have full kitchen
facilities. which are located in a completely enclosed room. under roof of the main
structure. or in an interior court. and food preparation staff capable of preparing and
serving full course meals during all hours of operation:
3. A bona fide restaurant must have a customer service
area consisting of tables. chairs or customer counters. The tables or customer
I
counters within the customer service area must be of adequate size to accommodate i
the service of full course meals.
4. In order for tables. chairs or customer counters to be
included in the customer service area. the service of full course meals must be
2 ORD. NO. 45-05
r " /")
available at each seat or chair at each table or customer counter in accordance with
the following:
a. The total number of seats or chairs at the
tables. customer counters and bars within the customer service area must be
sufficient to accommodate the maximum occupant load of the restaurant:
b. The full occupant load shall be determined in
accordance with the provisions of the Standard Florida Building Code or its
successor Code.
5. A bona fide restaurant must have the appropriate
license issued by the state as well as all municipal or count;)'" permits required by law.
and must meet all local zoning requirements.
(B) Regulations. It shall be unlawful for persons under the age of 21 to enter.
patronize. visit. be admitted to. or allowed access in any alcoholic beverage establishment. as
defined in Section 113.20(A). except as hereinafter provided. This restriction shall not apply
to:
(1) Persons accompanied by either of their parents (natural. adoptive. or
stepparent) or legal guardian (appointed by a court):
(2) A bona fide restaurant:
(3) An alcoholic beverage establishment during any time period in which
it is not serving or selling alcoholic beverages to the public or allowing alcohol to be
consumed on its premises. provided that before anyone under the age of 21 is admitted into
the establishment. All alcoholic beverages previously served to customers or being
consumed by customers are removed from customer access and otherwise discarded and the
establishment's entire inventory of alcoholic beverages is properly secured from public
access. The sale. service or consumption of alcoholic beverages may not resume until all
persons under the age of 21 have vacated the premises:
(4) Members of the military or armed services with proper military
identification to show that they are currendy on active duty with a branch of the United
States military: and
(5) Persons employed by or at the alcoholic beverage establishments.
(C) Bona Fide Restaurant Determination. Alcoholic beverage establishments
may appeal the determination by the City as to bona fide restaurant status only to the Board
3 ORD. NO. 45-05
r " /"ì
of Adjustment. which request must be received by the Planning and Zoning Director or
his/her designee no later than ten (10) days from the date the notice of violation was issued.
(1) There shall be a hearing scheduled before the Board of Adjustment
to take place within thirty (30) days from the date of receipt of the appeal notice from the
alcoholic beverage establishment. While a hearing before the Board of Adjustment is
pending. the City may continue to enforce the provisions of this section by all legal means.
After hearing evidence presented by both the City and the alcoholic beverage establishment.
the Board of Adjustment shall be limited to a determination of whether or not the alcoholic
beverage establishment qualifies as a bona fide restaurant as defined in this chapter.
(2) A determination as to bona fide restaurant status shall be issued as
soon as practicable by the City. The applicant must comply with all of the requirements of
this section before and after it is issued.
(P) Enforcement and Penalûes.
(1) An offense of subsection (A) by an alcoholic beverage establishments
I shall be defined as one or more persons under the permitted patron age discovered on the
I business premises in violation of this section. Hearings on notices of violation shall be
conducted by the City's Code Enforcement Board. that may impose penalties. including
fines as provided for in Chapter 37 of this code and as set forth in state statutes. with appeal
by Certiorari to the Circuit Court. Appellate Division.
(2) It shall be a defense to alleged violations of subsection (A) that the
person under the age of 21 obtained access despite the owner's reasonable efforts to prevent
such access or through a fraudulent identification and the business used reasonable efforts to
prevent the use of fraudulent Identification. "Reasonable effort" shall include. but not be
limited to. use of employees properly checking identification cards at the entrance to the
subject establishment. For purposes of this subsection. "identification cards" are defined as
federal. state or local government-issued identification cards.
(3) An offense of subsection (A) by persons under the age of 21 shall be
addressed as follows: persons found in violation of this section shall be asked by the
business establishment. the code enforcement division. or certified law enforcement officers
to leave the premises subject to this section. Additionally. persons under the age of 21 who
gained access to the alcoholic beverage establishment by presenting fraudulent identification
shall be subject to prosecution for violation of section 322.212. Florida Statutes. or
comparable provision.
Section 2. That if any section, subsection, paragraph, sentence or word or other
provision of this ordinance, or any portion thereof, or its application to any person or circumstance,
4 ORD. NO. 45-05
(' /,\
! be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall
not affect the validity of any other section, subsection, paragraph, sentence or word or provision or
its application to other persons or circumstances and 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 immediately upon passage on
second and final reading.
I
PASSED AND ADOPTED in regular session on second and final reading on this the
g-tJa. day of ~ \ùð ' 2005.
~¿~
ATTEST: MAYOR
I "- ~'-l)h~Q, ./
Acting City Clerk
First Reading olÞ/';) y' ~n05
I
Second Reading 07/ oy ~5
I
,
i 5 ORD. NO. 45-05
;
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI1Y MANAGER 071
SUBJECT: AGENDA ITEM # \oE. - REGULAR MEETING OF JULY 5. 2005
ORDINANCE NO. 45-05
DATE: JULY 1, 2005
This ordinance is before Commission for second reading and public hearing to amend Chapter 113,
"Alcoholic Beverages", of the Code of Ordinances, by enacting Section 113.21, "Patron Age
Restriction" to prohibit individuals under the age of twenty-one (21) from entering alcoholic beverage
establishments.
At the first reading on June 21, 2005, the Commission passed Ordinance No. 45-05.
Recommend approval of Ordinance No. 45-05 on second and final reading.
S'/Clty Clerk/agenda cover memos/ordmance memos/Ord 45-05 Patron Age Restncnon 070505
¿;f;
[IT' DF DELIAY BEA[H ?í1
CITY ATTORNEY'S OFFICE ~(\() '\\\ I q .\VE'\1l'L . DELRA Y BE"I.CH. FLORIDA 33444
TELEPHONE "6Ii~4_¡·--;'()l)[)· F-\CSI\!ILE 5ó1/2n-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
F LOR I D ...
DaI:II
All-America City
, III I! DATE: MEMORANDUM
June 8, 2005
1993 TO: City Commission
2001
David Harden, City Manager
FROM: Terrill C. Barton, Assistant City Attorney / yc;{3J
SUBJECT: Patron AQe Restriction Ordinance No. 45-05
Attached please find an ordinance proposing to prohibit individuals under the age
of twenty-one (21) from entering alcoholic beverage establishments.
Please place this ordinance on the June 21, 2005 City Commission agenda and
call if you have any questions.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
\ ë;tA
,
ORDINANCE NO. 45-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES", BY
ENACTING A NEW SECTION 113.21, "PATRON AGE
RESTRICTIONS"; PROVIDING THAT IT SHALL BE UNLAWFUL
FOR PERSONS UNDER THE AGE OF 21 TO ENTER, PATRONIZE,
VISIT, BE ADMITTED TO, OR ALLOWED ACCESS IN ANY
ALCOHOLIC BEVERAGE ESTABLISHMENT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach Code of Ordinances contains, as permitted by state law,
various restrictions on the sale of alcoholic beverages within the City; and
WHEREAS, the State of Florida has established the age of 21 as the minimum drinking age for
alcoholic beverages within the State; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, recognizes the importance
that parents and legal guardians have with respect to child-rearing and the need to promote and enhance
parental control over minors and other persons under the legal drinking age with respect to the use and
abuse of alcohol, and particularly concerning access to places where alcohol is sold and consumed; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, deems it necessary to enact
regulations to address the problems associated with minors and other persons under the age of 21
patronizing, visiting and loitering around alcoholic beverage establishments, by restricting the patron age
of such establishments; and
WHEREAS, with respect to regulatory issues, the City Commission for the City of Delray Beach,
Florida, has considered judicial opinions concerning the effects of imposing age restrictions upon
individuals and businesses in an effort to curb underage drinking. These judicial opinions include but are
not limited to the following:
1. Gary v. City of Warner Robins. Georgia, 311 F.3d 1334 (II th Cir. 2002).
2. 219 South Atlantic Blvd. Inc v. City of Ft. Lauderdale, 239 F.Supp. 2d. 1265 (S.D. Fla.
2002).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. That Chapter 113, "Alcoholic Beverages", of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
Section 113.21 PATRON AGE RESTRICTIONS.
(A) Definitions.
(1) A bona fide restaurant. In the case of hotels and other similar multi-use
establishments. this restriction applies only to those areas of the establishment operating primarily
as an alcoholic beverage establishment and not as a bona fide restaurant:
(a) A bona fide restaurant shall mean an establishment engaged primarily
in the service of food where the sale or service of alcoholic beverages is incidental to the sale and
service of food. A cafeteria or fast food establishment shall be deemed a bona fide restaurant for
the purposes of zoning classification. All other establishments must meet the following criteria:
1. A bona fide restaurant must during all hours of operation.
continually offer food service consisting of full course meals:
a. Full course meals shall include a salad or vegetable.
entrée. and dessert:
2. A bona fide restaurant must have full kitchen facilities. which
are located in a completely enclosed room. under roof of the main structure. or in an interior
court. and food preparation staff capable of preparing and serving full course meals during
all hours of operation:
3. A bona fide restaurant must have a customer service area
consisting of tables. chairs or customer counters. The tables or customer counters within the
customer service area must be of adequate size to accommodate the service of full course
meals.
4. In order for tables. chairs or customer counters to be included
in the customer service area. the service of full course meals must be available at each seat
or chair at each table or customer counter in accordance with the following:
a. The total number of seats or chairs at the tables.
customer counters and bars within the customer service area must be sufficient to
accommodate the maximum occupant load of the restaurant:
2 ORD. NO. 45-05
b. The full occupant load shall be determined m
accordance with the provisions of the Standard Florida Building Code or its successor Code.
5. A bona fide restaurant must have the appropriate license
issued by the state as well as all municipal or county permits required by law, and must meet
all local zoning requirements.
(B) Regulations. It shall be unlawful for persons under the age of21 to enter. patronize.
visit. be admitted to, or allowed access in any alcoholic beverage establishment, as defined in
Section 113.20(A), except as hereinafter provided. This restriction shall not apply to:
(1) Persons accompanied by either of their parents (natural. adoptive, or
stepparent) or legal guardian (appointed by a court):
(2) A bona fide restaurant:
(3) An alcoholic beverage establishment during any time period in which it is not
serving or selling alcoholic beverages to the public or allowing alcohol to be consumed on its
premises, provided that before anyone under the a¡:!e of 21 is admitted into the establishment. All
alcoholic beverages previously served to customers or being consumed by customers are removed
from customer access and otherwise discarded and the establishment's entire inventory of alcoholic
beverages is properly secured from public access. The sale, service or consumption of alcoholic
beverages may not resume until all persons under the age of 21 have vacated the premises:
(4) Members of the military or armed services with proper military identification
to show that they are currently on active duty with a branch of the United States military: and
(5) Persons employed by or at the alcoholic beverage establishments.
(C) Bona Fide Restaurant Determination. Alcoholic beverage establishments may
appeal the determination by the City as to bona fide restaurant status only to the Board of
Adjustment. which request must be received by the Planning and Zoning Director or hislher
designee no later than ten ( I 0) days from the date the notice of violation was issued.
(1) There shall be a hearing scheduled before the Board of Adiustment to take
place within thirty (30) days from the date of receipt of the appeal notice from the alcoholic
beverage establishment. While a hearing before the Board of Adiustment is pending, the City may
continue to enforce the provisions of this section by all legal means. After hearing evidence
presented by both the City and the alcoholic beverage establishment. the Board of Adjustment shall
be limited to a determination of whether or not the alcoholic beverage establishment Qualifies as a
bona fide restaurant as defined in this chapter.
3 ORD. NO. 45-05
(2) A determination as to bona fide restaurant status shall be issued as soon as
practicable by the City. The applicant must comply with all of the requirements of this section
before and after it is issued.
(D) Enforcement and Penalties.
(1) An offense of subsection (A) by an alcoholic beverage establishments shall
be defined as one or more persons under the permitted patron age discovered on the business
premises in violation of this section. Hearings on notices of violation shall be conducted by the
City's Code Enforcement Board. that may impose penalties. including fines as provided for in
Chapter 37 of this code and as set forth in state statutes. with appeal by Certiorari to the Circuit
Court. Appellate Division.
(2) It shall be a defense to alleged violations of subsection (A) that the person
under the age of21 obtained access despite the owner's reasonable efforts to prevent such access or
through a fraudulent identification and the business used reasonable efforts to prevent the use of
fraudulent identification. "Reasonable effort" shall include. but not be limited to. use of employees
properly checking identification cards at the entrance to the sublect establishment. For purposes of
this subsection. "identification cards" are defined as federal. state or local government-issued
identification cards.
(3) An offense of subsection (A) by persons under the age of 21 shall be
addressed as follows: persons found in violation of this section shall be asked by the business
establishment. the code enforcement division. or certified law enforcement officers to leave the
premises sublect to this section. Additionally. persons under the age of 21 who gained access to the
alcoholic beverage establishment by presenting fraudulent identification shall be subiect to
prosecution for violation of section 322.212. Florida Statutes. or comparable provision.
Section 2. That if any section, subsection, paragraph, sentence or word or other provision of
this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a
court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity
of any other section, subsection, paragraph, sentence or word or provision or its application to other
persons or circumstances and 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 immediately upon passage on second and
final reading.
4 ORD. NO. 45-05
PASSED AND ADOPTED in regular session on ,second and final reading on this the
day of ,2005.
ATTEST: MAYOR
City Clerk
First Reading
Second Reading
5 ORD. NO. 45-05
cc; Q MÒlCUA-V1.¿..-
24 Fnday, June 24, 2005 - Boca RatonIDelray Beach News · www.boCa/IeWS,com
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LEGAL NOTICES !
PUBUSH FOOay, June 24, 2005
Boca RatorÆJelray Beach News
AM12280B
100
ANNOUNCEMENTS
~ 100~
LEGAL NOTICES
tJJTUF__JIUØI¡ R.--.
IlllllCEGfPWIIC_
A PUBUC HEARING ... be hold 00 1I1e
foUoMng )It] J(J5I d onIomœ at 7:00
pm 00 11ÆSIIAY,.IJlY 5,2005 or at
an¡ ccnIInuallOn aI such ..-.g wtuch
" set ~ 1I1e CommIssIon), 11 the CIty
ConmssIOO ctamefs, 100 N W 1st
Awnue, 0eIray Beach, Aorda, at ""'1Ch
tJme 1I1e Cty Conmssion wi! oons""
is adopIJon. The )It] J(J5I d onIomœ
may be iIspecœd at 1I1e 0ftIce althe City
Clerk at CIy Hal, 100 N W 1st Avenue,
0eIray Beach, Aorda, _the hoor.;
of B-OO 8-1n. and 5.-00 p.m., Mooday
1hrough Fnday, mo¡pIl1oIidæjs. AlIIIter-
esII!d portIes are inYIIÐd 10 aIIend and be
heœd ,.;ø, respect 10 the )It] J(J5I d n-
......
ORIIIIWIΠ110 _
PIi 0A01NANCE OFlHé CITY COIoIMI5-
SION OF 1HE CITY OF DELRAY BEACH,
R.ORIDA, AMENDING lHé CODE OF
ORDINANCES OF 1HE CITY OF DELRAY
BEACH. R.ORIDA, A/oÆNOING CHAP-
TER 113, "AI..OOHOUC 8B'ERAGéS",
BY ENAC'T1NG A _ SECTION 113.21,
"PAlRON /JΠAESlRICIIONS', PRO-
VIDING lHAT IT SHALL BE UMAIMUL
FOR ÆRSONS lNE! 1HE fIßf. OF 21
TO ENTER, PAlRONI2E, VISIT, BE
ADMITTED TO, OR ALLCMÆD ACCESS
IN /IN( AI..OOHOUC 8E'ÆRAGE ESTAB-
USHMENT, PROVIDING A GENERAL
AEPEAI..ER ClAUSE, ASAVING ClAUSE
AND NI EIfECT1VE DATE.
Pleasebe_l1atdaperson _
\0 appeal an¡ doasm rmde ~ 1I1e CIy
Conmssion WIllI respect 10 an¡ mailer
COOSIdered at these heari1gs. such per-
~~1D~=
donee upon _ the appeal Is II> be '
based The City does oot prtMdo nor !
=OSsuch recon! Pursuant to F 5 I
CITY OF OElRAY BEACH I
CheYOIe 0 Nub..
CIy Clerk