28-91 ORDINANCE NO. 28-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS
REGULATIONS", CHAPTER 113, "ALCOHOLIC BEVERAGES", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO PROVIDE AN EXCEPTION TO PERMIT THE
CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES ON THE
DELRAY BEACH ELEMENTARY SCHOOL PROPERTY IN CONJUNCTION
WITH A SPECIAL EVENT OR OLD SCHOOL SQUARE, INC.
SPONSORED OR RENTAL ACTIVITY; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter 113,
"Alcoholic Beverages", "General Provisions", Section 113.02,
"Prohibition of Consumption of Alcoholic Beverages in Public Places",
Subsection (A), of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Sec. 113.02 PROHIBITION OF CONSUMPTION OF ALCOHOLIC
BEVERAGES IN PUBLIC PLACES
(A) Within this city it shall be unlawful for any
person to consume alcoholic beverages:
(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, with the exception that
patrons of the restaurant located at the
Delray Beach Municipal Golf Course may
consume alcoholic beverages on the Delray
Beach Municipal Golf Course when they are
golfing~f and the Delra¥ Beach Elementary
School property in conjunction with a
special event or Old School S~uaref Inc.
sponsored or rental activity;
(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.
Section 2. That Title XI, "Business Regulations", Chapter 113,
"Alcoholic Beverages", "Sale of Alcoholic Beverages", Section 113.16,
"Areas and Location Where Sales ~ermitted", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
Sec. 113.16 ~EAS mD LOCATION MERE S~ES PE~ITTED
Alcoholic beverages for consumption on the premises
may be sold in any appropriately zoned district and in
chartered private nonprofit clubs~ er golf course club
houses, or cultural arts centers, except that not more
than one vendor of malt beverages containing alcohol
of more than 1% by weight for cons~ption on the
premises or one vendor of beverages containing alcohol
of more than 1% by weight and not more than 14% by
weight and wines regardless of alcoholic content for
cons~ption on the premises shall be located within
any one block fronting on a street nor in the block
i~ediately across the street, unless the
establis~ent is a duly licensed restaurant se~ing
full course meals at tables. 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 3. That all ordinances or parts of ordinances in
conflict herewith be, and the s~e 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 part declared to be invalid.
Section 5. That this ordinance shall become effective
i~ediately upon passage on second and final reading.
PASSED mD ~OPTED in regular session on second and final
reading on this the 26th day of February , 1991.
ATTEST:
~ity Clerk~
First Reading February 12, 1991
Second Reading February 26, 1991