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HomeMy WebLinkAboutO-17-02 Limiting the Use of AlcoholORDINANCE NO. 0-17-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO PUBLIC PARK RULES AND REGULATIONS, LIMITING THE USE OF ALCOHOL TO CITY SPONSORED EVENTS AMENDING CODE SECTION 74-4 (a) 7; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is no longer in the public interest to allow alcohol to be served at recreational facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 74-4 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows Sec. 74-4. General Regulations for Recreational Facilities. (a) Prohibited conduct, unlawful acts. No person shall (7) Possess, consume or serve any alcoholic or intoxicating beverages in any area therein unless in accordance with regulations allowing the same in conjunction with a City suonsored event, or as authorized by City Ceuneil tkough a city permit for a function held at a Public Use said Facilitv. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Council Member Coy The motion was seconded by Council Member Mcpartlan and, upon being put to a vote, the vote was as follows: Mayor McPartlan Vice Mayor Coy aye Council Member Hill absent Council Member Dodd ave Council Member Kinchen aye The Mayor thereupon declared this Ordinance duly passed and adopted this 24th day of May , 2017. CITY OF SEBASTIAN, FLORIDA X/w Mayor Bob McPartlan ATTEST: J ette 4Wiliiams;_MMC — City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney