HomeMy WebLinkAboutCity of Tamarac Ordinance O-2017-005Temp. Ord. No. 2358
April 20, 2017
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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
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April 20, 2017
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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.
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April 20, 2017
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(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.
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April 20, 2017
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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
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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
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April 20, 2017
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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
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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.
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April 20, 2017
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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
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