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HomeMy WebLinkAboutO-10-09ORDINANCE NO. 0 -10 -09 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY CODE OF ORDINANCES CHAPTER 10 CONCERNING RESTRICTIONS ON THE SALE OF ALCOHOLIC BEVERAGES; RELAXING THE RESTRICTIONS IN SPECIFIC CIRCUMSTANCES; PROVIDING FOR CONFLICTS, SEVERABIITY AND EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AMENDMENT. That Chapter 10 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 10 -1. Sates of liquor near churches and schools restricted. feet from a church or school. (b) No permit or license shall be i:,cucd which allows the sale of alcoholic distance of 150 feet from any church or school. (a) Separation of licensed premises from schools and churches. No premises licensed to sell alcoholic beverages shall be authorized by the City within 450 feet of any established public or private elementary school, middle school, high school, charter school or church with the following exceptions: (1) Restaurants, which: A) derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages, and B) do not contain a freestanding bar; (d) (2) The restrictions contained in this section shall not apply to a person or establishment holding a current and valid permit or license to sell alcoholic beverages in the city from its present location. (b) The term "alcoholic beverages," as used in this section shall be taken to include the words "distilled spirits" and shall extend to and include all spirituous beverages created by distillation and by mixture of distilled beverages by what is commonly termed blending, and shall include beer, malt beverages or wine, as defined in the state beverage law. The term "church" or "school" as used in this section shall have its commonly- understood meaning, but shall be limited to those establishments meeting in a free standing building in a single use site of a minimum size of one -half acre. (Code 1980, 4 -1; Ord. No. 0- 05 -12, 1, 4- 27 -05) State law references: Authority to regulate location of business, F.S. 562.45(2). Sec. 10 -2. Prohibited hours of sale. (a) Except as permitted pursuant to subsection (b) of this section, 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 department of business regulation, division of alcoholic beverages and tobacco, within the city limits during the following hours of each day: (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) above 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 department of business regulation, division of alcoholic beverages and tobacco, within the city limits on New Year's Day (January 1) between the hours of 12:01 a.m. and 3:00 a.m., in addition to the hours otherwise allowed. 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 determine that any part of this Ordinance is invalid, 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 provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid 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 Councilmember Hill The motion was seconded by Councilmember Coy and, upon being put to a vote, the vote was as follows: Mayor Jim Hill aye Vice -Mayor Don Wright aye Councilmember Andrea B. Coy aye Councilmember Richard H. Gillmor nay Councilmember Eugene Wolff nay The Mayor thereupon declared this Ordinance duly passed and adopted this nth day of January 201f CITY OF EB STIAN, FLORIDA B ATTE ayor Jim Hill Sally A. Mho, MMC City Cler Approved as to Form and Legality for Relic ce by the City of Sebastian only. obert A. Ginsburg, fifty Attorney Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect.