11-73 ORDINANCE NO. 11-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4
"ALCOHOLIC BEVERAGES" OF THE CODE OF THE CITY
OF DELRAY BEACH, FLORIDA; REPEALING THE ENTIRE
CHAPTER 4; ADOPTING A NEW CHAPTER 4 "ALCOHOLIC
BEVERAGES"; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SAVING CLAUSE; PROVIDING A PENALTY CLAUSE.
WHEREAS, the Planning & Zoning Board has recommended changes in
Chapter 4 "Alcoholic Beverages" of the Code of Ordinances, and
WHEREAS, the City Administration concurs with the Planning & Zonin
Board recommendations and recommends further changes, and
WHEREAS, the City Council of the City of Delray Beach, Florida has
determined that changes should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Thai Chapter 4 "Alcoholic Beverages" as amended through
the first date of the reading of this ordinance is hereby repealed.
Section 2. Thai the following Chapter 4 "Alcoholic Beverages" is
hereby adopted as shall be so codified:
Chapter 4 Alcoholic Beverages
Sec. 4-1 Definitions. The definitions as set forth in F.S. 561.01
(1972) are hereby adopted by reference.
Sec. 4-2. Hours of sale; consumption and delivery when sales
p r ohib it ed.
It shall be unlawful for any person to sell, serve, consume or deliver
or permit to be sold, consumed, served or delivered any alcoholic beverage
containing over one per cent of alcohol by weight, in the city during the
following hours:
From 4:00 a.m. to 12:01 p.m. on Sundays, and 4:00 a.m. to 7:00 a.m.
on Mondays through Saturdays.
Sec. 4-3. Sale within specified distance of church or school prohibited
exemption; determination of distance.
1. No alcoholic beverages shall be sold within the corporate limits of
the city, at any place of business, location or establishment within three
'~hundred (300) feet of any established school or church; provided, however,
that the above and foregoing shall not apply to any duly licensed grocery
store selling wines or beers in packages, and for consumption off the
premis es.
The distance of three hundred (300) feet shall be measured as follows:
(a) Pertaining to established schools: Three hundred (300) feet from
the nearest point of the building of the place of business, location, or
establishment to the nearest point of the school grounds in use as part of
the school facilities.
(b) Pertaining to established churches: Three hundred (300) feet from
the nearest point of the building of the place of business, location or
establishment, to the nearest point of the church building or buildings.
(c) The distance of three hundred (300) feet shall be measured by a
straight line.
Sec. 4-4. Areas and Locations where sales are permitted, subject to
Sec. 4-3 above.
(a) Alcoholic Beverages for consumplion on the premises maybe sold
in any commercially zoned district and in chartered private non-profit clubs
or golf course club houses except that not more than one vendor of malt
beverages containing alcohol of more than one (1) percent by weight for
consumption on the premises or one vendor of beverages containing alcohol
of more than one (1) percent by weight and not more than fourteen (14) percent
by weight and wines regardless of alcoholic content for consumption on the
premises any one fronting on a nor
shall
be
licensed
within
block
street
in
the block immediately across the street, 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.
(b) Alcoholic Beverages for consumption off the premises may be
sold in commercially zoned districts only.
Sec. 4-5. Permitting intoxicated person to loiter about premises.
It shall be unlawful for any intoxicated person to loiter in and about the
licensed premises used or occupied by any licensee herein, and ii shall be
--2--
Ord. No. 11-73.
the duty of the operator of the licensed premises to remove such
intoxicated persons from the premises.
Sec. 4-6. No alcoholic beverages shall be consumed on the
sidewalks, or on the public beach, or in public parks, or in
motor vehicles or trailers or in any manner which is visible from
a public street in a commercially zoned district.
Section 3. Whosoever shall violate the provisions of this
Chapter, upon conviction therefor, shall be punished as provided
in Sec. 1-6.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. 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.
PASSED AND ADOPTED in regular session on the second and
final reading on the 25th day of June , 1973.
ATTEST:
City Clerk /~
First Reading May 29, 1973
Second Reading June 25; 1973.
-3-
Ord. No. 11-73.
DELRAY BEACH NEWS-JOURNAL
Publ~hed Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared .... .~..~.~......L...;.....~.o....o...d..?..~ ...............
who on oath says that he/~l~e is .... ..P..~..l..~..s...h...~..~. ................................... of The Delray Beach
News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor-
ida; that the attached copy of advertisement, being m-~...O.[.(J....~.~ .~..~j...0.~.....~/..~..~..-...7..,~. .........
in the matter of ~e~3~j`j~[~~.~C~O~.~1~.C~.~~ ........
in the ...................................................................... Court, was published in said newspaper in the.
of ................ ...................................................................................
Affiant further says that the said Delray Beach News-Journal is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has
heretofore been continuously published in said Ps!m Beach County, Florida, each week and
has been entered as second class mail ma, er at the post office in Delray Beach, in said
palm Beach County, Florida, fora period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he has neither paid
for the purpose o! securing this advertisement for public, on in t~ saiA newspaper.
...........
Swo~n to ~nd ~d~db~l before me thi~ .....1..~.~..12 ...... d~¥ of ....... ..J...lg...rt...~. ............ &D. 10 ~
................
NOTARY PUBLIC S'I'ATE OF FtOR~DA AT tA
MY COMMISSION EXPlI~$ MAR. 19, 1976
BONDED THRU GENERAL INSURANCE UNDERWRIT£1~$