16-74 ORDINANCE NO. 16-74.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SUBSECTION
4-4 (a) PERTAINING TO CONSUMPTION AND SALE OF
BEER AND WINE IN RESTAURANTS CONTAINING 50 SEATS,
OF CHAPTER 4 "ALCOHOLIC BEVERAGES" OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS
AMENDED; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SAVING CLAUSE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 4 "Alcoholic Beverages" of the Code of the
City of Delray Beach, Florida, as amended, be further amended by amending
subsection 4-4 (a), as follows:
Sec. 4-4. Areas and locations where sales are permitted, subject to
section 4-3 above.
(a) Alcoholic beverages for consumption on the premises may be sold
in any commercially zoned district and in chartered private nonprofit clubs or
golf course club houses except that not more than one vendor of malt
beverages containing alcohol of more than one per cent (1%) by weight
for consumption on the premises or one vendor of beverages containing
alcohol of more than one per cent (1%) by weight and not more than fourteen
per cent (14%) by weight and wines regardless of alcoholic content for
consumption on the premises shall be licensed 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
with a minimum of fifty (50) seats at tables in which event beer and wine
may be served,, providing, however, this section shall not apply to any
business now operating or to the assigns or grantees of any person now
operating at existing locations.
SECTION 2. That any person who violates the provisions of SECTION
i1 above shall, upon conviction, be punished as provided in Section 1-6 of the
Code of Ordinances of the City of Delray Beach.
SECTION 3. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 4. 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
pari declared to be invalid.
PASSED AND ADOPTED on second and final reading on this the
8th day of April , 1974
'
ATTEST: .
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First Reading 1 i 19 4
Second Reading AP~.il 8, ~974. .