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51-74 ORDINANCE NO. 51-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4-6 PROVIDING FOR AREAS WHERE ALCOHOLIC BEVERAGES MAY NOT BE CONSUMED; PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. WHEREAS, City Council deems it necessary for the health, safety and welfare of the residents of the City of Delray Beach to prevent consumption of alcoholic beverages in certain areas and locations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 4-6 of Chapter 4 "Alcoholic Beverages", as amended be further amended to read as follows: Section 4-6. Consumption of alcoholic beverages on side- walks, in public parks, on business property, etc. No alcoholic beverages shall be consumed on the side- walks, e~ on the public beach, in motor vehicles or trailers, or on business property outside the buildinq unless seated at permanent tables provided by the business s~ee%-~-~-eemme~e~m~-~e~-~%~e%. It shall be prima facie evidence that alcohol was being consumed by any person in possession of an open container con- taining alcoholic beverages while on the sidewalks, ~ on the public beach, e~ in public parks, em in motor vehicles or trailers, or on business property outside the buildinq unless seated at permanent tables provided bY the business SECTION 2. That all ordinances or parts of ordinances in con- flict herewith be and the same are hereby repealed. SECTION 3. That any person, firm or corporation violating any of the provisions of Section 1 above, shall upon conviction, be punished as provided in Section 1-6 of the Code of Ordinances of the City of Delray Beach. SECTION 4. That should any section or provision of this ordi- nance or any portion thereof, any paragraph, sentence or word be de- clared 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 th~ part declared to be invalid. SECTION 5. This ordinance shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the 14th day of October , 1974. ATTEST: City Clerk First Reading: September 9, 1974 Second Reading: October 14, 1974 - 2 - Ord. No. 51-74