Ord 244-38 Ordinance Numb e~
Book 4
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
RESTRICTING AND DESIGNATING THE LOCATIONS ~tEREIN
INTOXICATING LIQUORS MAY BE SOLD IN THE CITY OF
DELRAY BEACH, FLORIDA, AND PROVIDING THAT NO LICENSE
SHALL BE ISSUED FOR THE SALE OF INTOXICATING LIQUORS
AT ANY OTHER LOCATION IN THE CITY OF DELRAY BEACH,
FLORIDA.
WHERe, an emergency exists in the City of Delray Beach,
Florida, and it is necessary for the protection of the public
welfare, health and safety of the community that there should
be certain restrictions in the location wherein intoxicating
liquors may be sold in the City of Delray Beach, Florida, and
such restrictions should be fixed at the earliest possible date,
NOW, THEREFORE, BE.IT ORDAINED By the City Council of the
City of Delray Beach, Florida:
~/iSECTION~-~: T~ no intoxicating liquors shall be sold in
that portion of the City of Delray Beach, Florida, lying East
of the Right-of-Way of the Seaboard Airline Railway, as the same
is now located in the City of Delray Beach, Florida, except in
that portion of said territory described as follows, to-wit:
Beginning at a point on the East boundary of
the Right-of-Way of the Seaboard Airline Rail-
way 173 feet North of the center line of
Atlantic Avenue for a point of beginning;
thence running East parallel to and 173 feet
North of the center line of Atlantic Avenue
to the East boundary of Swinton Avenue; thence
running North along the East boundary of
Swinton Avenue to a point 283 feet North of
the Center line of Atlantic Avenue; thence
running East parallel to and 283 feet from
the center line of Atlantic Avenue to the West
boundary of the Right-of-Way of the Florida
Intra-Coastal Canal; thence running South along
the West boundary of the Right-of-Way of the
Florida Intra-Coastal Canal t~o a point 283 feet
South of the center line of Atlantic Avenue;
thence running West parallel to and 283 feet
from the center line of Atlantic Avenue to the
East boundary of Swinton Avenue; thence running
North along the East boundary of Swinton Avenue
to a point 173 feet South of the center line of
Atlantic Avenue; thence running West parallel to
and 173 feet from the center line of Atlantic
Avenue to the East boundary of the Right-of-Way
of the Seaboard Airline Railway, as the same is
now located in the City of Delray Beach, Florida;
thence running North along the East boundary of
said Right-of-Way of the Seaboard Airline Rail-
way to the point of beginning:
and also, except that portion of the City of Delray Beach,
Florida, which is
Bounded on the North by a line 333 feet
from and parallel to the center line of
Atlantic Avenue; on the East by the West
boundary of Ocean Boulevard; on the South
by a line parallel to and 333 feet South
of the center line of Atlantic Aven~e,
and on the West by a line 100 feet from
and parallel to the West boundary of
Ocean Boulevard.
SECTION 2: No intoxicating liquors shall be sold in the
above described territory at any place of business, location,
or establishment within 300 feet of an established school or
church.
SECTION 3. No license to sell intoEicating liquors at any
location in the City of Delray Beach, Florida, other than in
such territory, and at such location%where the sale thereof is
permitted by Section~ I a~d 2 of this Ordinance, shall be issued
by the City Clerk of the City of Delray Beach, Florida.
~//i..~L' SE~0N 4. Any person violating any of the provisions of
'Section I or 2 of this Ordinance shall, upon conviction thereof
in the municipal court, be punished by a fine of not less than
Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00),
or by imprisonment not exceeding Sixty (60) days, or by both
fine and imprisonment in the discretion of the court. Each day
that such violation of Section i or 2 of this Ordinance shall
continue, shall constitute a separate and distinct offense.
SECTION 5. All ordinances in conflict herewith are hereby
repealed.
SECTION 6. This is an emergency ordinance and shall take
effect immediately ~pOn its passage.
Passed on first reading September 23, 1938.
Passed on second reading October 4, 1938.
Pr esident~~ Counc i i
Attest:~~~. ~4~/~p Approved:~~~
City Clerk ~ MayOr