7074-03
ORDINANCE NO. 7074-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO ALCOHOLIC BEVERAGES; AMENDING CODE
OF ORDINANCES SECTION 6.31; PROVIDING AN EXCEPTION
TO CERTAIN SALES, POSSESSION, CONSUMPTION, AND
OPEN CONTAINER PROHIBITIONS FOR PORTIONS OF
PUBLIC STREETS, SIDEWALKS, ALLEYS, PARKING LOTS, OR
RIGHTS OF WAY USED FOR SIDEWALK CAFE PURPOSES BY
BUSINESS ESTABLISHMENTS WHICH HAVE OBTAINED CITY
PERMITS FOR SUCH OPERATIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, ordinance No. 7073-03 establishes a procedure for authorizing the
permitting of sidewalk cafes on public property in certain zoning districts, and it is desirable
to harmonize the alcoholic beverage code of the City to allow sales, possession, and
consumption of alcoholic beverages at sidewalk cafes which are properly permitted; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 6.31, Code of Ordinances, City of Clearwater, IS hereby
amended to read as follows:
6.31 Prohibited acts.
* * * * *
(4) It shall be a violation for any person to sell or consume
any alcoholic beverage, or to possess any opened or
unsealed container containing an alcoholic beverage, at
the following places, except pursuant to an alcoholic
beverage special event permit issued under the
provisions of section 22.88 through 22.92 or pursuant to
a sidewalk cafe permit issued under the provisions of
section 3-201 C. of the Land Development Code:
(a) On any public beach.
(b) On or in any public street, alley, sidewalk, parking
lot or right-of-way, including but not limited to
unimproved public street rights-of-way terminating
at a body of navigable water.
(c) In any public park. For the purposes of this
subsection, the term "park" shall mean all parks
Ordinance No, 7074-03
and athletic fields, and all grounds used by the city
for park or playground purposes, including Jack
Russell Stadium and the Clearwater Country Club
Golf Course when the sale or consumption of
alcoholic beverages has been authorized by the
terms of any lease or other agreement approved
by the city commission.
(d) In any public building, except in any portion of a
public building when rented to private parties.
This prohibition shall not apply to the Performing
Arts Center and Theater.
(e) On any portion of the Courtney Campbell
Recreation Area as defined in section 22.21.
* * * * *
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
March 20, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
April 3, 2003
Approved as to form:
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Attest:
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Ih;eynthia E. Gouqe ,-
(T- City Clerk - -
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Ordinance No. 7074-03