HomeMy WebLinkAboutO-92-02 ORDINANCE NO, 0-92-02
]~I OI~INANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ALCOHOLIC BEVERAGES;
AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY
OF SEBASTIAN; AMENDING SECTION 4-Z TO EXPAND THE HOURS
OF SALE OF ALCOHOLIC BEVERAGES PERMITTED ON NEW YEAN~$
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,
INDIANRIVER COUNTY, FLORIDA that:
SECTION 1. 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; New Year,s Day hours.
(a) Except as permitted 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) Notwithstanding the provisions of Subsection (a) to the
contrary, alcoholic beverages may 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, on New Year's Day (January first) between the hours of
12:01 a.m. and 3:00 a.m., in addition to the hours otherwise
allowed."
SECTION 2. ~.
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
2
that the provisions of this ordinance shall become and 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. SEVERABILIT~.
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
Councilman ~/L
the vote was as follows:
The motion was seconded by
and, upon being put to a vote,
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
The Mayor thereupon declared this ordinance duly passed and
/
ATTEST:
· ~thr~_ M'. O rHalloran, CMC/AAE
City Clerk
CITY OF SEBASTIAN, FLORIDA
W. E.~rs, M~
(SEAL)
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 p~blic hearing was held on this
Ordinance at 7:00 p.m. on the /~-~. day of ~~t/A~ , 1992, and
that following said public hearing this Ordinance wa~ passed by the
C~ty Council.
K~thry~/M. O'Ha~loran, CMC/AAE
City C~erk
Approved a~~'Form and Content:
Chari~, ian N/aa~h, City Attorn'e~