71-85 ORDINANCE NO. 71-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 3, "ALCOHOLIC BEVER-
AGES'', SECTION 3-4, "AREAS AND LOCATIONS WHERE SALES
PERMITTED", BY DELETING THE RESTRICTIONS TO THE RESTAU-
RANT EXCEPTION ON LOCATION RESTRICTIONS BY DELETING
THE RESTRICTION ON RESTAURANTS ONLY BEING PERMITTED
TO SERVE BEER AND WINE AND DELETING THE MINIMUM SEATING
REQUIREMENT; PROVIDING A SAVING CLAUSE; PROVIDING A
GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida, deems it to
be in the best interests of the residents and citizens of the City of Delray Beach,
Florida, to recognize the fact that restaurants serving full course meals in the area
serve ail types of alcoholic beverages, not just beer and wine 'when appropriately
licensed, and that any such restrictions as appear in the Code should be deleted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 3-4, "Areas and locations where sales permitted", of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
Alcoholic beverages for consumption on the premises may be sold in any
appropriately zoned district and in chartered private nonprofit clubs or golf course club
houses except that not more than one vendor of mait beverages containing aicohol of
more than one per cent by weight for consumption on the premises or one vendor of
beverages containing aicohol of more than one per cent by weight and not more than
fourteen per cent (14%) by weight and wines regardless of aicoholic content for
consumption on the premises shall be located within any one block fronting on a street
nor in the block immediately across the street, unless the establishment is a duly
licensed restaurant serving full course meals w/%h-~--min/meh~-e~f--~ift~3,-{44~)--se~ts at
tablesv-/~t-w4~ieh-~t--beer-~-wi~e-ma-F-be-~-~-ved; providing, however, this section
shail not apply to any business now operating or to the assigns or grantees of any
person now operating at existing locations.
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 ail ordinances or parts of ordinances which are in conflict
herewith are hereby repealed.
Section 4. That this ordinance shail become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and finai reading on this
the 13th day of. Auqust , 1985.
ATTEST: MAYOR f ~
First Reading July 23, 1985
Second Reading Auaust 13. 1985