Loading...
7216-03 ORDINANCE NO. 7216-03 AN EMERGENCY ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. RELATING TO THE OPENING AND CLOSING HOURS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS; AMENDING SECTION 6.29, CLEARWATER CODE OF ORDINANCES. TO ADOPT THE OPENING AND CLOSING HOURS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR AUTOMATIC REPEAL. WHEREAS, the Board of County Commissioners of Pinellas County recently adopted amendments to the hours of sale for all alcoholic beverages and the hours of operation for alcoholic beverage establishments within Pinellas County; WHEREAS. those hours now differ from those currently contained in Section 6.29, Clearwater Code of Ordinances; WHEREAS, there now exists a lack of uniformity for the hours of sale of alcoholic beverages and the opening and closing hours of alcoholic beverage establishments located within the City of Clearwater and the opening and closing hours of those establishments located outside the City; WHEREAS, the City Commission, therefore, finds and declares that an emergency exists sufficient to warrant the adoption of this ordinance on an emergency basis as authorized by Section 2.09(e) of the City Charter and by Section 166.041, Florida Statutes; WHEREAS, the City of Clearwater wants to amend its hours for sale of alcoholic beverages and its opening and closing hours for all alcoholic beverage establishments located within the City of Clearwater to conform with those recently adopted by the Board of County Commissioners of Pinellas County; and WHEREAS, the City of Clearwater wants to adopt the language currently contained in Chapter 6, Article II, Sections 6-29 and 6-30 of the Pinellas County Code of Ordinances; now therefore BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 6.29, Code of Ordinances, is amended to read as follows: Sec. 6.29. Closing hours. The openino and closino hours for all alcoholic beveraqe establishments and the hours for sale of alcoholic beveraoes shall be those established bv Chapter 6. Article II. Sections 6-29 and 6- 30 of the Pinellas County Code of Ordinances, or amendments thereto. (1) There :Jro hereby ost:Jblished the fOllOl"Jing hours of closing for :JII :Jlcoholic be'Jer:Jge est:Jblishmonts: Ordinance No. 7216-03 (3) Alcoholic bever3ge est3blishments sh311 not sell or 3110'.... to be served or consumed on the promises, 3nd no person sh311 consume on the premises of 3ny such est3blishment, 3ny 31coholic bever3ge between the hours of 2:00 a.m. 3nd 8:00 3.m. on 3ny d3Y of the week except Sund3Y. (b) Alcoholic bever3ge establishments sh311 not sell or allow to be served or consumed on the premises, 3nd no person sh311 consume on the premises of 3ny such est3blishment, 3ny alcoholic beverage bet'.veen the hours of 2:00 3.m. and 1 :00 p.m. on 3ny Sund3Y. (2) Addition31limitations: (3) Alcoholic beverage est3blishments licensed for the sale of beer, '.vine or liquor for consumption off the premises only shall not sell: 1. Beer or wine between the hours of 12:00 midnight 3nd 8:00 3.m. e3ch weekd3Y, 3nd between the hours of 12:00 midnight S3turday 3nd 1 :00 p. m. on Sund3Y; or 2. Liquor between the hours of 12:00 midnight 3nd 8:00 3.m. e3ch 'l.'eekd3Y, 3nd between the hours of 12:00 midnight S3turday 3nd 8:00 3.m. Mond3Y. (b) Est3blishments licensed to sell 31coholic bever3ges for consumption on the premises sh311 not sell liquor between the hours of 1: 00 p.m. Sund3Y 3nd 8:00 a.m. Mond3Y for consumption off the premises; hmvever, su'ch establishments m3Y sell pack3ged beer or 'Nino during such hours for consumption off tho premises. (3) The pl3nning 3nd zoning b03rd or the city commission. 3S 3 condition of 3pprov31 of a condition31 use applic3tion or 3 v3rbnce from the sep3ration requirements, respectively, m3Y impose e3rlier closing hours or 13ter opening hours or both if such condition is deemed by the board or commission to be re3sonably rel3ted to one or more of the criteria required to be met for such conditional use 3pproval or varbnce. In such C3S0S, the viol3tion of the condition shall be deemed 3 '.'ioI3tion of this section, and the cit3tion or notice of viol3tion shall include a reference to subsection (3) of this section. Section 2. This ordinance shall take effect immediately upon adoption. Section 3. This ordinance shall stand repealed 90 days following the date of adoption unless sooner repealed by a nonemergency ordinance on the same subject adopted prior to such date. PASSED ON FIRST AND FINAL READING AND ADOPTED AS AN EMERGENCY ORDINANCE Approved as to form: Attest: rtLf. Akin City Attorney 2 Ordinance No. 7216-03 PINELLRS CO. RTTORNEY Fax:727-464-4147 Oct 17 '03 10:54 P.02 .."" ". ..... ."......, .._._._".._....__._~..._....._.._. ORDINANCE NO. 03-79 AN ORDINANCE AMENDING CHAPTER 6 OF THE PINELLAS COUNTY CODE; CHANGING THE PERMISSIBLE SUNDAY OPENING HOURS FOR BUSINESS ESTABLISHMENTS DEAUNG IN ALCOHOLIC BEVERAGES ON A COUNTYWIDE BASIS; ALLOWING LOCAL GOVERNMENT FLEXIBIliTY WITHIN UNIFORM l1MITS; PROVIDING FOR AN EFFECTlVE DATE; PROVIDING FOR CODIFICATION; PR.OVIDING FOR SEVERABILITY; WHEREAS, Pinellas County munieipalities,.the City of Tampa, and Hillsborough have indicated a desire to modify the hours of sale of alcoholic beverages on Sundays; and WHEREAS, Pinellas County Ordinance, Chapter 6 Article II establishes hours of sale on a countywide basis; and WHEREAS, the legislature adopted a special act, presently codified in the Pinellas County Cod-e. governing hours of sale of alcohol on a countywide basis; and WHEREAS, that special act established the outer ranges of hours for sale of alcohol within which cities could be more restrictive; and . WHEREAS, consistent with the desires of the legislature when it adopted the special act, the Board of County Commissioners desires that there be some uniformity in the possible ranges of opening and closing hours within which all local governments could have the ability to regulate; and WHEREAS, their desire for uniformity has been echoed in communications from interested persons and groups; and WHEREAS, the Board of County Conunissioners wishes to recognize home rule flexibility while at the same time see the need to establish ceilings and floors on opening and closing hours to (1) assist law enforcement and (2) to avoid undue competition among conunercial establishments within various cities based . . .soIely .o,,-bo1~.~.of sale of alcohol; and. . ,. .__".~ ___ J'._ H. .... __'__'_._ .___ ._ _. ._.._._~__._.___."_,,____ WHEREAS, the Board of COWlty Commissioners has received a recommendation from the Council of Mayors. ,. NOW, THEREFORE be it Ordained by the Board of County Commissioners of Pin ell as County that: SECTION I. Chapter 6, Article II, Section 6-26 is hereby amended to read as follows: Sec. 6-26. Definitions. For the purposes of this article, the following defmitions ofterms shall prevail: (1) The term "business establishment" shall include any place of business, such as a:golfclub, grocery store, drugstore, nightclub, hotel, cafe, bottle club, bar, restaurant, grill, filling station or location where: PINELLAS CO. ATTORNEY Fax:727-464-4147 Oct 17 '03 10:54 P.03 .. .... ,..... .. . . ... "'.0... ........._.___.__...._,._.-.. ....... _._.". ,. .. , , ~ a. One person pays another for an article or product that is mixed with an alcoholic beverage, or an alcoholic beverage; or b. A drinking container, drink, water, beverage, or other product or article, for a consideration of any kind is sold, dispensed, served or provided, for the PurPose of drinking an alcoholic beverage or with the knowledge, actual or implied, that the same will be, or is intended to be, mixed, combined with, or drunk in connection or combination with an alcoholic beverage. Any place of business wherein an alcoholic beverage is carried, stored, dispensed, or consumed by the owner of the beverage or his guest, or stored or dispensed by the owner, operator or employee of such place, shall be deemed a business establishment defmed in this paragraph, even if no consideration is paid directly for the dispensing, serving, or otherwise providing of such product or article, so long as the establislunent charges any door fee, cover charge, ente!taimnent fee, music fee, exhibition fee, membership fee, storage fee, or any other indirect payment device for 'admission to the premises. (2) The term "alcoholic beverage" shall include all beverag~scontaining more than one percent of alcohol by weight. . (3) The term .'weekday", shall mean each day of the week except Sunday. SECTION 2. Chapter 6, Article II, Section 6-29 is hereby amended to read as follows: Sec. 6-29. Closing hours. (a) All business establishments in Pinellas County, licensed or unlicensed, dealing in alcoholic' beverages, public or private, either directly or indirectly, shall remain closed from the hours of2:00 am. to 8:00 am. on each day of the week except Sunday. ,. ..,(1).) '" ... A:I.t,~~~l}. busin~~s ~s~blishments shall rero.~!tl..c*~~~d 9~ e~~h,SJ.lnday',fr9.p;t.J:he hp1E'~~f.~QQ,~.:.~, to 11 :00 a.m. SECTION 3. Chapter 6, Article II, Section 6-30 is hereby amended t(),.read as follows: Sec. 6-30. Exceptions to article. (a) Drugstores or prescription shops dealing only in medicines and drugs dispensed for medical purposes shall not be within the prohibitions of this article. (b) Vendors licensed under F.S. ~~ 563.02(1)(a), 564.02(1)(a) and 565.02(1)(a) are specifically included in the provisions of this article with the exception that said vendors shall not dispense beer, wine, or liquor between the. hours of 12:01 a.m. and 8:00 a.m. each weekday, and between the hours of 12:01 a.m. Sunday and 11 :00 a.m. Sunday. (c) All business establishments corning under this article which are engaged ina business primarily PINELLRS CO. ATTORNEY Fax:727-464-4147 Oct 17 '03 10:54 P.04 , .." ,:m:", ..".... .._ '_.._...._...'_..'_...,"...__-;'_...,.".'_..__.... ..... .... outside the purview of this article but which maintain a separate department or section within such establishment for the sale of alcoholic beverages shall close only that department or section in conformance with this article. Section 4. Chapter 6~ Article II~ Section 6-31 is hereby amended to read as follows: Sec. 6-31. Local Government option; business establishments not exempted from zoning and laIld use regulations. The establislunent of uniform closing hours provided in this article shall be applicable to all business establishments in Pinellas County, including those located in any cities~ towns or other municipalities therein; proyide~ however, nothing contained in this article shall be construed to prevent any local government in Pinellas County from establishing shorter opening hours than are herein provided., by valid local government law. ordinance or regulation, nor shall this article be construed to exempt any owner of a building containing a business establishment, or any owner or operator thereof, from any zoning or land use prohibition or requirement validly adopted by the county, city or town in which the building and establismnent are located. All hours so established shall prevail within the local government limits of such local government. SECTION 5. Words stricken shall be deleted. Underscored words constitute the aniendments, proposed. Remaining provisions are now in effect and remain unchanged. SECTION 6. Areas Embraced Pursuant to Section 2.01 of the Pinellas County Charter, thiS ordinance shall be effective in the incorporated as well as unincorporated areas of the County. SECTION 7. Filing of Ordinance; Effective Date Pursuant to Section 125.66, Fla. Stat., a certified copy of this Ordinance shall be flIed with the Department of State by the Clerk of the Board of County . Commissioners within ten (l0) days after enactment by the Board of County Commissioners. This Ordinance shall become effective upon filing of the ordinance with the Department of State. Section 8. Severability If any Section, Subsection, sentence, clause, phrase. or provision of this ,.. Ordinance ;8 f(lr ~,D.y reason held in.v.~lid or unconstitutiona.l by aDY C01.1rt nf ~lJropetentjuri8.diqtion, su.ch,._~__.., '~'_'_ holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. .. I.:' /~ ';.-~ ; ", ' . '~'