Ord 26-15ORDINANCE NO. 26-15
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 ADDING SECTION
113.16, "POSTING OF UNDERAGE DRINKING SIGNS",
ESTABLISHING REGULATIONS REGARDING THE POSTING OF
UNDERAGE DRINKING SIGNS; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to Florida's Municipal Home Rule Powers Act, Chapter 166, Florida Statutes,
the City, of Delray Beach may exercise any power fox a municipal purpose unless otherwise expressly
prohibited; and
WHEREAS, the City Commission of the City of Delray Beach finds that underage dunking and the
service of alcoholic beverages to minors is a problem in the City of Delray Beach; and
WHEREAS, medical studies and highway statistics note serious health risks and adverse effects
associated with consumption of alcoholic beverages by minors; and
WHEREAS, the general public should be informed regarding the law prohibiting service of alcoholic
beverages to minors; and
WHEREAS, the general public should be informed regarding the penalties associated with the sale or
provision of alcoholic beverages to minors; and
WHEREAS, the posting of signs with such information by vendors and certain other dispensers of
alcoholic beverages warning of the prohibition against and the penalties associated with the sale or provision
of alcoholic beverages to minors will make the public aware of the possible consequences of providing
alcoholic beverages to underage tninors; and
WHEREAS, the Palm Beach County Substance Awareness Coalition has endorsed the posting of
these types of signs as an effective :treasure to generate awareness and deterrence of the provision of alcoholic
beverages to underage minors; and
WHEREAS, the City Commission of the City of Delray Beach finds that it will serve the public
health, safety and welfare of the residents of the City of Delray Beach to inform the public as to penalties
associated with selling alcohol to minors.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Ord. No. 26-15
Personas under 29 ears of n e Prohibited
1 All persons who own oxoper-ate a business establishment in the Ci which
sells or dispenses alcoholic beverages for consum tion on or off the remises shall conspicuous
post a notice within said business establishment ins such a place where alcoholic bevera es are either
displayed, purchased, or consumed. Such notice shall com 1 with the requirements of this section.
Failure to post such requited notice pursuant to the requirements of this section shall constitute a
violation of this ordinance. This restriction shall not Qply to a bona fide restaurant without a
restaurant bar. Such laces of business shall conspicuously ost a notice within said business
establishment in such a place where it will be visible to all em to ees of said business.
2 Requited notice shall consist of one or more signs or notices each of whiclh is
not less than nine -threesquare inches 8-1 2" x 11 with at least 30- oint Me, which contains the
followinv, information clean discernable by persons to who alcoholic beverages ma be sold or
dispensed:
a It is unlawful to purchase alcohol if you are under 21 years of a e.
It is unlawful to sell or dispense alcohol to:persons under 21 yeats of
age unless exempt pursuant to sections 562.1.1 or 562.13, Florida Statutes.
c The penalties associated with the sale or dispensing of alcoholic
beverages to persons under 21 years of age include imprisonment in, count ry jail for a period of up to
60 days, a Eme up to $500, or both.
d A tele hone number to re ort those who are in violation of the law.
Such telephone numbers may include but are not Emited to:
1. 211 Palm Beach County
2 561-650-6840 —Division of Alcoholic Beverages and Tobacco;
3. 1-877 MEANS 21 877-632-6721.
C Penal . Violation of an of the provisions of this Ordinance shall be punishable as set forth in
Section 10.99 of this Code.
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
Ord, No. 26-15
Section 1. That Chaptet 113, "Alcoholic Beverages", of the Code of Otdinances of the City, of
Delray Beach is amended by adding Section 113.16, "Posting of Underage Dtinking Signs", to read as
follows:
See. 113.16 -- POSTING OF UNDERAGE DRINKING SIGNS.
�A� D�nitions. Fog the purpose of this chapter:
(1) Alcoholic beverage means alcohol, spirits, liauox, wine or beer, zegardless of
amount, contammg wore than one percent (1 %) alcohol by weight,
( Business establisbment includes, but is not limited to, anyplace of business or any
club, otganizadon�person, firm, cotporation or partnetshiz such as: a golf club,• country club:
veteran's fraternal or benevolent organization; grocery store; drug store; nightclub; bottle club;
cocktail bat; hotel bar;.tavern- bona fide restaurant• testaurant bar; WjR, filling station; convenience
stote• package store; or any other building: structure or location or portion thereof, wherein one
person directly or indirectly pays another for purchase or dispensing of an alcoholic beverage.
(3) Conspicuously masted means clearly visible, easily readable and immediately
Q12arent uupon viewing.
( Dispense means storing handling, apportionment, preparation, gift, distribution,
of serving, directly or inditectly, of on ry amount of an alcoholic beverage to or for an ry person by any
officer, ownet, operator, lessee, or employee of a business establishment. Fox purpose of this
definition, pet=ttzng or allowing any person to carry alcoholic beverages on the premises of any
business establishment to be consumed thereon shall constitute the "dispensing!' of such beverages.
(5) Minor means any individual under the legal drinking age as set forth in Sections
562.11 and 562.111, Florida Statues as may be amended or tQlaced.
G Person means an individual pegson, firm �oint ventute artnexshi
cotpotation estate, trust, business trust, syndicate, fiduciary, association, and all other groups or
combinations.
l71 Sale means any transfer of an alcoholic beverage for consideration, or any gift
of any alcoholic beverage in connection with or as a part of a transfer of an ro et or product for
consideration.
8 Vendor of alcoholic bevera es means any person who owns or operates a business
establishment which sells or dis42enses gLny alcoholic beverages fot consum tion on or off the
remises.
Ord. No. 26-15
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 its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 3rd day of
November, 2015.
f
16 AJ
OR
ATTEST:
City Clerk
First Reading: October 20 2015
Second Reading: November 3, 2015
Ord. No. 26-15