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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2017-005Temp. Ord. No. 2358 April 20, 2017 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2017- (9,5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 3, OF THE CITY OF TAMARAC CODE OF ORDINANCES, ENTITLED "ALCOHOLIC BEVERAGES", SPECIFICALLY DELETING SECTION 3-2 REGARDING SUNDAY SALES OF ALCOHOL; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward County and several cities surrounding the City of Tamarac, Florida have amended the hours during which sale of alcoholic beverages is permitted on Sundays, and WHEREAS, the City Commission of the City of Tamarac wishes to continue to be cognizant of how the policies in Broward County and surrounding cities affect businesses within the City; and WHEREAS, businesses located within the City limits have indicated that the City's prohibition of alcohol sales on Sundays has repeatedly placed them at a competitive disadvantage with nearby businesses and entertainment venues located outside the City's jurisdictional boundaries; and WHEREAS, the City desires to aid and encourage the City's economic vitality and the growth and success of businesses within the City and provide the City's citizens that choose to obtain alcoholic beverages on Sundays with the opportunity to do so within their own City; and WHEREAS, the City believes that given the communities and neighboring jurisdictions and venues permitting responsible sale and consumption of alcohol on Sundays, The City's prohibition concerning sales and service of alcohol on Sundays CODING: Words in stfike-thmug# type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2358 April 20, 2017 Page 2 directs business away from the City to other licensed establishments and venues located in adjacent jurisdictions; and . WHEREAS, the City may adjust the times for the service and sale of alcohol pursuant to Section 562.14, Florida Statute; and WHEREAS, the Director of Community Development recommends approval of this ordinance amendment and finds that the lifting of the ban on Sunday morning alcohol sales will greatly support economic development in the City of Tamarac; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac to eliminate the prohibition on Sunday morning sale of alcohol in the City. NOW, THEREFORE, BE IT ORDAINED. BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. That Chapter 3 "Alcoholic Beverages", of the City of Tamarac Code of Ordinances is hereby amended as follows: CHAPTER 3 — ALCOHOLIC BEVERAGES Sec. 3-1. - Consumption on streets or in public places. (a) Definitions. As used in this section: (1) Alcoholic beverage means any beverage which contains one-half (%) of one (1) percent or more alcohol by volume. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 1 n Temp. Ord. No. 2358 April 20, 2017 Page 3 (2) Establishment means any place of business which has been licensed by the state for the sale of alcoholic beverages under the provisions of the Beverage Law, F.S. chapters 561 through 568. (b) Prohibitions. (1) It shall be unlawful for any person to consume any alcoholic beverage upon any area available for use by the public for motor vehicle parking purposes, any public street, highway or sidewalk, where such area adjoins or is adjacent or appurtenant to any establishment within the city where alcoholic beverages are sold or dispensed. (2) It shall be unlawful for any person to consume any alcoholic beverage on the premises of any establishment within the city where such beverages are sold only for consumption off the premises. (3) It shall be unlawful for any person or for the officers, employees, servants or agents of any person licensed by the state for the sale of alcoholic beverages for consumption either on or off the premises to: a. Sell, serve or dispense any alcoholic beverage to any person upon any. motor vehicle parking area which is adjacent to or adjoining or appurtenant to any establishment within the city licensed for the sale of alcoholic beverages; or b. Knowingly permit the consumption of any alcoholic beverage by any person under any motor vehicle parking area which is adjacent to or adjoining or appurtenant to any establishment within the city licensed for the sale of alcoholic beverages. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2358 April 20, 2017 Page 4 Sec. 3-32. - Off -premises sale, delivery prohibited during certain hours. No person, vendor or distributor who holds a liquor license or a beer and wine license, or who is the agent of such person, shall sell or offer for sale or deliver any liquor, beer or wine by package, bottle or container, for consumption off -premises between the hours of 2:00 a.m. and 8:00 a.m. on any day eXGept-Sunday, wheR Sec. 3-43. - On -premises sale prohibited during certain hours. No person, vendor or distributor who holds a liquor license or a beer and wine license, or who is the agent of such person, shall sell or offer for sale or deliver or serve or permit to be consumed upon the premises of such person, vendor or distributor, any liquor, beer or wine, regardless of the amount of the alcoholic content between the hours of 2:00 a.m. and 8:00 a.m. on any day eXGept Sunday, when the heum shall be as cot in seGtinn 3 2 Sec. 3-54. - Special permit required for extended hours. (a) Notwithstanding section 3-43, a special permit may be granted to a vendor of alcoholic beverages allowing the vendor to sell and serve alcoholic beverages for consumption on -premises only, during any or all of the following extended hours: (1) Every day, inGludiRg Sunday, the hours of sale may be extended to 7:00 a.m. (i.e., one (1) hour earlier than the standard 8:00 a.m. opening). (2) For New Year's Eve (December 31), the hours of sale may be extended to 4:00 a.m. on New Year's Day (January 1). (3) For St. Patrick's Day (March 17), the h-ours of sale may be extended to 4:00 a.m. on March 18. (b) A special permit for extended hours is declared to be a privilege and subject to CODING: Words in stf+ke-thFeug# type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2358 April 20, 2017 Page 5 the granting and termination powers of the city commission. A fee for such permit shall be in an amount established by resolution of the city commission which is on file in the city clerk's office. (c) The owner or lessee of an establishment selling and serving alcoholic beverages for on -premises consumption may request the city manager to have the city commission consider an extended hours special permit. Such request shall be submitted to the city manager in writing at least three (3) weeks prior to the date of the city commission meeting at which it will be considered. (d) The city commission may approve a special permit for a period of three (3) years if it finds that there will be no substantially adverse impact on the surrounding area based on the following criteria: (1) Increased parking demands; (2) Increased law enforcement demands; (3) Increased environmental and aesthetic impact, including generation of noise, light and odors; (4) The ability of the establishment's owners or management to minimize the above - listed effects. (e) The above criteria for granting of an extended hours special permit shall also be grounds for revocation if the impact of such extended hours is injurious to the health, safety and welfare of city residents. Permit holders shall be afforded all due process under the circumstances during revocation proceedings before the city commission. The city commission may take action to revoke, suspend or modify the special permit. Should the permit be revoked or modified, the permit holder may seek review of such action before the city commission after three (3) months. The city commission may then CODING: Words in strike thram type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2358 April 20, 2017 Page 6 modify or refuse to modify its action. Only one (1) such review shall be afforded within a . twelve-month period. Such review_ shall be deemed final city action for purposes of appeal. SECTION 3. Codification. It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may be renumbered, re lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict. SECTION 5. Severability. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall not affect the validity of the remaining portions or applications of this Ordinance. CODING: Words in strike thmu h type are deletions from existing law; Words in underlined type are additions. C 1 Temp. Ord. No. 2358 April 20, 2017 Page 7 SECTION 6. Effective Date. This Ordinance shall become effective upon adoption. PASSED, FIRST READING this day of '2017. �J ys PASSED, SECOND READING this i day of / �/i , 2017. ATTEST: PATRICIA TEUFE MC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: SAPUEL/S.REN, CPTY ATTORNEY ./ •/?XJ411 6•'qAR R_'Y'DRESSLER RECORD OF COMMISSION VOTE: 1ST Reading MAYOR DRESSLER DIST 1: COMM BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4: V/M PLACKO RECORD OF COMMISSION VOTE: 2ND Reading MAYOR DRESSLER DIST 1: BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4: V/M PLACKO CODING: Words in strike threunh type are deletions from existing law; Words in underlined type are additions.