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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2019-024 Temp. Ord. No. 2421 October 22, 2019 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2019- v2 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", BY SPECIFICALLY AMENDING SECTION 3-4 TO ALLOW THE SALE AND SERVING OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON-PREMISES ONLY FROM 2:00 A.M. TO 4:00 A.M THURSDAY, FRIDAY, SATURDAY, AND ON SUNDAYS BEFORE A HOLIDAY, SUBJECT TO SPECIAL EXTENDED HOURS PERMIT APPROVAL BY THE CITY COMMISSION, CONSISTENT WITH A SPECIAL EXTENDED HOURS PERMIT APPLICATION REVIEW PROCESS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City may adjust the times for the service and sale of alcohol pursuant to Section 562.14, Florida Statute; and WHEREAS, Broward County and several other municipalities surrounding the City of Tamarac, Florida have amended the hours during which sale of alcoholic beverages are permitted; and WHEREAS, Objective 1, of the Future Land Use Element, in the City's Comprehensive Plan requires the City to administer and adopt appropriate land development code revisions, amending them as needed to respond to changing conditions; and WHEREAS, businesses located within the City limits have indicated that the City's prohibition of on premise consumption, alcoholic beverage sales after 2:00 a.m. have repeatedly placed them at a competitive disadvantage with nearby businesses and entertainment venues located outside of the City's jurisdictional boundaries; and CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2421 October 22, 2019 Page 2 WHEREAS, the City desires to enhance its economic vitality and continue to contribute to the growth and success of local businesses within the community; and WHEREAS, the attraction and retention of businesses are in alignment with the City's economic development goals and the ability to obtain a "Special Extended Hours Permit" to provide on premise consumption, of alcoholic beverage sales until 4:00 a.m. encourages businesses who desire to do so, an opportunity to thrive and grow within their own City; and WHEREAS, the City believes neighboring jurisdictions that permit the responsible sale and consumption of alcohol after 2:00 a.m., are direct competitors to licensed establishments who sell alcoholic beverages within the City's jurisdictional boundaries and the City's prohibition concerning sales and service of alcohol after 2:00 a.m. directs business away from Tamarac and to other licensed establishments located outside of its municipal boundaries; and WHEREAS, the Director of Community Development recommends approval of the ordinance amendment and finds that extending the hours of on premise consumption, alcoholic beverage sales from 2:00 a.m. to 4:00 a.m. on Thursdays, Fridays and Saturdays, will significantly enhance the City's economic vitality and market competitiveness; 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 has deemed it to be in the best interest of the citizens, residents, and business owners of the City of Tamarac to extend the hours of on premise consumption, alcoholic beverage sales from 2:00 a.m. to 4:00 a.m. on a Thursday, Friday, Saturday, and Sundays before a holiday, subject to "Special Extended Hours Permit" approval; CODING: Words in type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2421 October 22, 2019 Page 3 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", Section 3-4, of the City of Tamarac Code of Ordinances is hereby amended as follows: Sec. 3-4. - Special permit required for extended hours. (a) Notwithstanding section 3-3, 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, 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 hours of sale may be extended to 4:00 a.m. on March 18. (4) On a Thursday, Friday and Saturday, and on Sundays before a Holiday, the hours of sale may be extended to 4:00 a.m. (i.e. two (2) hours later than the standard 2:00 a.m. on premise sale). (b) A special permit for extended hours is declared to be a privilege and subject to 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 shall request the city manager submit an application to the Community Development Department to have the city commission consider an extended hours special permit. Such request shall be submitted to the Community Development Department 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) one (1) 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; CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2421 October 22, 2019 Page 4 (3) Increased environmental and aesthetic impact, including generation of noise, light and odors; (4) Increased adverse effects on existing properties within the immediate neighborhood; (45) 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 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 through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2421 October 22, 2019 Page 5 SECTION 6. Effective Date. This Ordinance shall become effective upon adoption. PASSED, FIRST READING this / 3 day of /V�' � , 2019. PASSED, SECOND READING this l/ day of !m� �-� , 2019. //0/11.0 MICHELLE J. GOMEZ, MAYOR ATTEST: LILLIAN PABON, CMC ACTING CITY CLERK RECORD OF COMMISSION VOTE: 1st Reading MAYOR GOMEZ DIST 1: BOLTON z DIST 2: GELIN 220 DIST 3: FISHMAN DIST 4 PLACKO I HEREBY CERTIFY that I have approved this ORDINANCE as to form RECORD OF COMMISSION VOTE: 2nd Reading MAYOR GOMEZ DIST 1: BOLTON DIST 2: GELIN C �✓ DIST 3: FISHMAN Zvi DIST 4 PLACKO �_ crSAMUEL S. GOREN, CITY ATTORNEY CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions.