Ord 11-98ORDINANCE NO. 11-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113,
"ALCOHOLIC BEVERAGES"__ SECTION 113.02, "PROHIBITION
OF CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC
PLACES", OF THE CITY CODE TO PROVIDE THAT IT IS A
VIOLATION OF THIS ORDINANCE TO POSSESS AN OPEN
CONTAINER OF AN ALCOHOLIC BEVERAGE IN CERTAIN
PUBLIC PLACES; TO CLARIFY THE ABILITY OF PATRONS TO
CONSUME ALCOHOL AT THE LAKEVIEW GOLF COURSE AND
DURING SPECIAL EVENTS AT OLD SCHOOL SQUARE AND THE.
TENNIS CENTER; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 113.02 of the City Code,
consuming alcohol while in the public right-of-way is a violation of
the City Code; and
WHEREAS, the City Commission deems it to be in the public
interest to also prohibit the possession of an open container of an
alcoholic beverage while in the public right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 113, "Alcoholic Beverages",
Section 113.02, "Prohibition of Consumption of Alcoholic Beverages in
Public Places", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 113.02 PROHIBITION OF CONSUMPTION OR POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES.
(A) Within this city it shall be unlawful for any person
to consume alcoholic beverages or have in his/her possession any open
container containinq an alcoholic beveraqe while such person is:
(1) On the public streets, sidewalks, alleys and
other rights-of-way with the exception that seated patrons of a
permitted sidewalk cafe may consume alcoholic beverages;
(2) On the beach;
(3) In public parks, ~/~ /6X~9~ provided,
however, that patrons of the restaurant~ located at the Delray Beach
Municipal Golf Course and Lakeview Golf Course may consume alcoholic
beverages on the Delray Beach Municipal Golf Course and Lakeview Golf
Course when they are golfing, and ~/~~/~/~~/~~
~~/~/~~~/~/~/~~/~/~ patrons attendinq an
Old School Square, Inc. event at Old School Square or a Delra¥ Beach
Tennis Center event at the Delra¥ Beach Tennis Center may consume
alcoholic beveraqes durinq the event ~~/~/~I/~~;
(4) In motor vehicles or trailers; or
(5) On business property outside the building with
the exception that patrons seated at permanent tables provided by the
business may consume alcoholic beverages.
(B) Any person may request that the City Manager waive the
applicability of division (A) for certain public functions or
affairs. The City Manager shall have seven (7) days to consider such
a request and if denied, the applicant may appeal the denial of the
request to the City Commission. Such appeal to the City Commission
must be made within seven (7) days and will be considered by the City
Commission within thirty (30) days of the denial.
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 all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 3rd day of March . , 1998.
ATTEST:
~ City C~erk ~
First Reading February 17, 1998
Second Reading March 3, 1998
- 2 - Ord. No. 11-98
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY M32XlAGER~.:~
AGENDA ITEM #/~- REGULAR MEETING OF MARCH 3, 1998
ORDINANCE NO. 11-98 (ALCOHOLIC BEVERAGES)
FEBRUARY 26, 1998
This is second reading and a public hearing for Ordinance No. 11-98
which amends Section 113.02, "Prohibition of Consumption of Alcoholic
Beverages in Public Places" The code currently provides that it is
a violation to consume an alcoholic beverage while in the public
right-of-way. However, possession of an alcoholic beverage in an
open container is not addressed and the court has taken the position
that it is not a violation of our ordinances. Ordinance No. 11-98
will make it a violation to possess an open container of alcohol in
the public right-of-way.
The current ordinance grants an exception to patrons of the Delray
Beach Municipal Golf Course regarding consumption of alcohol. The
new ordinance will continue to grant the exception to patrons of the
Delray Beach Municipal Golf Course regarding consumption of alcohol
or possession of an open alcoholic container as well as extending the
exception to patrons of the Lakeview Golf Course. The new ordinance
also provides that patrons attending a special event at the Tennis
Center will also be excluded from the provisions of this new
ordinance. Special events at Old School Square are already exempted
under the current code.
At first reading on February 17, 1998, the Commission passed the
proposed ordinance by a vote of 4 to 1 (Mr. Randolph dissenting).
Recommend approval of Ordinance No.
reading.
11-98
on second and final
ref:agmemol5
SC ~ Raton News, Friday February 20, 1998
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CITY ATTORNEY'S OFFICE
DELRAY BEACH
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MEMORANDUM
DATE: February I1, 1998
TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Amendment to Chapter 113, "Alcoholic Beverages" of the City Ordinances
Attached please find the proposed changes to Ordinance 113.02, "Prohibition of
Consumption of Alcoholic Beverages in Public Places". Our current ordinance provides
that it is a violation to consume an alcoholic beverage while in the public right-of-way.
However, possession of an alcoholic beverage in an open container is not addressed and the
court has taken the position that it is not a violation of our Ordinances. This new ordinance
will make it a violation to possess an open container of alcohol in the public right-of-way.
The current ordinance grants an exception to patrons of the Delray Beach Municipal Golf
Course regarding consumption of alcohol. The new ordinance will continue to grant the
exception to patrons of the Delray Beach Municipal Golf Course regarding consumption of
alcohol or possession of an open alcoholic container as well as extending the exception to
patrons of the Lakeview Golf Course. The new ordinance also provides that patrons
attending a special event at the Tennis Center will also be excluded from the provisions of
this new ordinance. Special events at Old School Square are already exelnpted under the
current ordinance.
By copy of this memorandum to David Harden, our office requests that this item be placed
on the February 17, 1998 City Commission agenda for their approval. Please call if you
have any questions.
Attachment
CC:
David Harden
Alison MacGregor-Harty
Chief Overman
Brahm Dubin
Printed om f~ecyc/od Paper
ORDINANCE NO. 11-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AMENDING CHAPTER 113,
"ALCOHOLIC BEVERAGES", SECTION 113.02, "PROHIBITION
OF CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC
PLACES", TO PROVIDE THAT IT IS A VIOLATION OF THIS
ORDINANCE TO POSSESS AN OPEN CONTAINER OF AN
ALCOHOLIC BEVERAGE IN CERTAIN PUBLIC PLACES; TO
CLARIFY THE ABILITY OF PATRONS TO CONSUME ALCOHOL
AT THE LAKEVIEW GOLF COURSE AND DURING SPECIAL
EVENTS AT OLD SCHOOL SQUARE AND THE TENNIS CENTER;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 113.02 of the City Code, consuming alcohol
while in the public right-of-way is a violation of the City Code; and,
WHEREAS, the City Commission deems it to be in the public interest to also
prohibit the possession of an open container of an alcoholic beverage while in the
public right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 113, "Alcoholic Beverages", Section 113.02,
"Prohibition of Consumption of Alcoholic Beverages in Public Places", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
Section 113.02 PROHIBITION OF CONSUMPTION OR POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES.
(A) Within this city it shall be unlawful for any person to consmne alcoholic
beverages or have in his/her possession any open container containing an alcoholic
beverage while such person is:
(1) On the public streets, sidewalks, alleys and other rights-of-way
with the exception that seated patrons of a permitted sidewalk cafe may consume
alcoholic beverages;
(2) On the beach;
(3) In public parks, -':'~,,,,.. *h,..,. ...... ,.,,,.,.~,,,,.,,.';--'~ provided however, that
patrons of the restaurants located at the Delray Beach Municipal Golf Course and
ORD. NO. 11-98
Lakeview Golf Course may consume alcoholic beverages on the Delray Beach
Municipal Golf Course and Lakeview Golf Course when they are golfing and the
patrons attending an Old School Square, Inc. event at Old School Square or a Delray
Beach Tennis Center event at the Delray Beach Tennis Center may consmne alcoholic
beverages during the event ........ ,~ ...... ,,~ ~,,,;,,:, ·
(4) In motor vehicles or trailers; or
(5) On business property outside the building with the exception that
patrons seated at permanent tables provided by the business may consume alcoholic
beverages.
(B) Any person may request that the City Manager waive the applicability of
division (A) for certain public functions or affairs. The City Manager shall have seven
(7) days to consider such a request and if denied, the applicant may appeal the denial
of the request to the City Commission. Such appeal to the City Commission must be
made within seven (7) days and will be considered by the City Commission within
thirty (30) days of the denial.
(Ord. No. 4-90, passed 2/27/90; Am. Ord. No. 28-91, passed 2/26/91)
Penalty, see Sec. 113.99
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 then part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on
this the __ day of , 1998.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
ORD. NO. 11-98