HomeMy WebLinkAboutO-90-10ORDINANCE NQ. 0-90-10
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ALCOHO~.~C BEVERAGES;
AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN; AMENDING SECTION 4-2 TO EXPAND THE
HOURS OF SALE OF ALCOHOLIC BEVERAGES PERMITTED ON
SUNDAYS; AMENDING SECTION 4-2 TO PROVIDE FOR T~E CITY
COUNCIL OF THE CITY OF SEBASTIAN TO HAVE THE AUTHORITY
TO EXTEND THE HOURS FOR THE SALE OF ALCOHOLIC BEVERAGES
ON NEW YEAR'S DAY; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1. That Section 4-2 of the Code of Ordinances of
the City of Sebastian is hereby amended in its entirety to read
as follows:
"Sec. 4-2. Prohibited hours of sale.
(a) Except as approved pursuant to Paragraph (b) of this
Section 4-2, no alcoholic beverages shall be sold, consumed,
served, permitted to be sold, permitted to be consumed, permitted
to be served, offered for sale or offered for consumption, at any
location where alcoholic beverages are permitted to be sold or
consumed pursuant to a license or permit issued by the State of
Florida, Department of Business Regulation, Division of Alcoholic
Beverages and Tobacco, within the city limits of the city of
Sebastian, during the following hours of each of the following
days:
(1)
Between the hours of 1:00 a.m. and 7:00 a.m. on
sundays;
(2) Between the hours of 12:01 a.m. and 7:00 a.m. on
Mondays;
(3) Between the hours of 1:00 a.m. and 7:00 a.m. on
Tuesdays;
(4) Between the hours of 1:00 a.m. and 7:00 a.m. on
Wednesdays;
(5) Between the hours of 1:00 a.m. and 7:00 a.m. on
Thursdays;
(6) Between the hours of 1:00 a.m. and 7:00 a.m. on
Fridays;
(7) Between the hours of 1:00 a.m. and 7:00 a.m. on
Saturdays;
(b) The city Council may extend the hours of permitted
operations of the establishments otherwise licensed by the State
of Florida, Department of Business Regulation, Division of
Alcoholic Beverages and Tobacco, to sell, serve, offer to sell or
offer to serve alcoholic beverages for consumption on their
premises on New Year's Day (January first) upon the written
request of any person."
SECTION 2. CONFLICT.
Ail ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the city Council of the city of
Sebastian, Indian River County, Florida, and it is hereby
provided that the provisions of this ordinance shall become and
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be made a part of the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and that
the words "ordinance" may be changed to "section", "article", or
other appropriate designation.
SECTION 4. 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 will 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 and unconstitutional provision there by
causing said remainder to remain in full force and effect.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon final
passage.
The foregoing Ordinance was moved for adoption by Councilman
_3~)~. ~ L.~.,~;,c~ The motion was seconded by
Councilman ~-~;~ and, upon being put to a
vote, the vote was as follows:
Mayor W. E. Conyers ~
Vice-Mayor Frank Oberbeck ~~
Councilman Robert L. McCollum~T ~
Councilman Lonnie R. Powell /~
Councilman Lloyd Rondeau ~ '~ ~'
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The Mayor thereupon declared this Ordinance duly passed and
adopted this /~d~ay of .~/~~c.~ , 1990.
ATTEST:
Ka~hryn M~. O'Halloran, CMC/AAE
City Clerk
(SEAL)
CITY OF SEBASTIAN, FLORIDA
BY:w.~~E. C~
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hear~n~.w~s held on
this Ordinance at 7:09 p.m. on the-{,~day of ~ 1990,
and that following said public hearing this Ordinance was passed
by~/~e City Council.
Kathr~ M.' O'Halloran, CMC/AAE
City Clerk
Appr~~to_______.Form and Content:
Cha~l'es Ian Nash, City Attorney
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