7286-04
ORDINANCE NO, 7286-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE SALE OF ALCOHOLIC BEVERAGES,
AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES, ARTICLE
II, OPERATION OF ESTABLISHMENTS, DIVISION 1, SECTION
6.31 (4)(c) AND (d) PROHIBITED ACTS, CODE OF
ORDINANCES; PROVIDING FOR EXCEPTIONS TO THE
PROHIBITION ON THE SALE OR CONSUMPTION OF
ALCOHOL OR POSSESSION OF AN OPEN OR UNSEALED
CONTAINER CONTAINING AN ALCOHOLIC BEVERAGE IN
ANY PUBLIC PARK OR PUBLIC BUILDING; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The Code of Ordinances currently provides for and enumerates certain
exceptions to the prohibition on the sale and consumption of alcohol or possession of open
containers containing alcohol in a public park or public building where the same has been
authorized by the terms of a lease or other agreement approved by the city commission;
and
WHEREAS, additional facilities qualifying for the same exception should, at this
time, be added to those currently enumerated;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Chapter 6, Alcoholic Beverages, Article II, Operation of
Establishments, Division 1, Generally, Code of Ordinances is amended to read as
follows:
Sec. 6.31. Prohibited acts.
(1) It shall be a violation for any person licensed to operate an alcoholic beverage
establishment, or employed by or acting as an agent of any such
establishment, and who sells or causes to be sold any alcoholic beverage, to
permit such beverage to be consumed on any property under the control,
directly or indirectly, of the licensee, except within the area of the premises
which is licensed for such sales and consumption.
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(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
Ordinance No. 7286-04
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beverage, at the following places, except pursuant to an alcoholic beverage
special event permit issued under the provisions of section 22.88 through 22.91
or pursuant to a sidewalk cafe permit issued under the provisions of section 3-
201 C. of the Land Development Code:
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(c) In any public park. For the purposes of this subsection, the term
"park" shall mean all parks and athletic fields, and all grounds used by the
city for park or playground purposes, excluding Jack Russell Stadium, aRG
the Clearwater Country Club Golf Course, Clearwater Executive Golf
Course. Sriaht House Networks Field and to the fenced in area at the
Clearwater Community Sailina Center. 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 or the Harborview Center.
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Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
March 2, 2004
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Attest:
f;f;-7
Laura LiPowski
Assistant City Attorney
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Ordinance No. 7286-04