04-90 4-90
AN ORDINANCE £)F THE CiTY CO~MISSION OF k~HE CITY OF
DELRAY BEACH, VLORiDA, AMF/TDING TITLE 11, "BUSINESS
REGULATIONS, CHAPTER 113, "ALCOHOLIC BEVERAGES", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH
BY REPEALING SECTION 113.02, "CONSUMPTION PROHIBITED
IN PUBLIC PLACES", BY ENACTING A NEW SECTION 113.02,
"PROHIBITION OF CON~3MPTION OF ALCOHOLIC BEVERA~R~
IN P!~LIC PLACES: PROVIDING THAT IT SHOULD BE
ILLEGAL TO CONSUME ALCOHOL IN PUBLIC PLACES; PRO-
VIDING EXCEPTIONS THERETO; PROVIDING THAT THE CITY '
MANAGER. MAY GRANT WAIVERS THERETO AND' PROVIDING AN
APPEAL TO THE CITY COMMISSION OP THR CITY MANAG~'S
DENIAL OF A WAIVER REQUEST; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL RR~E~L~R CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY' THE CITY COMPIISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title I1, "Business Regulations", Chapter
113/ "Alcoholic Beverages", of the Code of Ordinances of the City of
Delray Beach, Florida, be ~nd the ~ame is hereby amended by repealing
Section 113.02, "Consumption Prohibited in PUblic Places".
Section 2. That Title 11, "Business Regulations", Chapter
113, "Alcoholic Beverages", of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended by enacting a
new Section 113.02, "Prohibition of Consumption of Alcoholic Beverages
in PUblic Places" to read as follows~
Section 113.02 PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES IN
PUBLIC PLACES.
(A) Within the City of Delray Beach 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;
(4) in motor vehicles or trailers;
(5) or on busines~ property outside the building with the
exception that patrons seated, at permanent tables provided by the
business may cons~ime alcoholic beverages.
(B) Any pe=son may request that the City Manager waive the appli-
cability of Section 113.02(A) for certain public functions or a~faizs.
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 madewithin
seven (7) days and will be considered by the City C~,~.ission within
thirty (30) days of the denial.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3, Th. at ~h~,t!a ~n7 section or provg, sion of this
ordinance or any portion thezecf, any paragraph, sentence, or word be
declared by a cc)urt of competent jurisdiction to be invalid, such
decision shall not affect the validity or the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 27th day of Febru 1990.
~YOR
ATTEST:
City Cle~
First Readin~ February 13, 1990
Second Reading February 27, 1990
~ CFIAPTE~ ~
PUBLIC PLACE~;
2 ORD. NO. 4-90