2368-81
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ORDINANCE NO, 2366-81
AN ORDINANCE OF THE CITY OF CLEAR W hTER,
FLORIDA, AMENDING CHAPTER 72, ALCOHOLIC
BEVERAGES, OF TITLE VII, BUSINESS AND BUSINESS
REGULATIONS, OF THE CODE OF ORDINANCES, CITY
OF CLEARWATER, TO PROVIDE DEFINITIONS OF
PREMISES AND OF CLASSIFICATION; PROVIDING A
LIST OF CLASSIFICATIONS; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH TO THE EXTENT OF SUCH
CONFLICT; PROVIDING FOR THE SEPARABILITY OF
THE PROVISIONS HEREOF; PROVIDING FOR PROPER
NOTICE OF PROPOSED ENACTMENT; AND PROVIDING
FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, as part of the recodification process, the codifier has
suggested more up-to-date definitions for Chapter 72, Alcoholic Beverages;
and
WHEREAS, it is necessary to amend the definition section in order
to provide a more complete and up-to-date section as part of the process;
NOW, THEREFORE, BE ITORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Section 72. 01, Definitions, of Chapter 72, Alcoholic
Beverages, of Title VII, Business and Business Regulations, of the Code
of Ordinances, City of Clearwater, be and the same is hereby amended to
read as follows:
Section 72.01. Definitions.
(a) The following words and terms are hereby defined as
follows and shall be interpreted as such throughout
this chapter:
(1) Church: A place where persons regularly assemble
for religious instruction.
(2) Club: Any group of persons associated together as
a duly chartered or incorporated club, including social
clubs incorporated by order of the circuit judge after
their charters have been found to be for objects authorized
by law and approved by the circuit judge as organized for
lawful purposes and where such club has not been organized
for the purpose of evading license taxes, or for the purpose
of evading regulations and restrictions placed upon the sale
of alcoholic beverages of any alcoholic content, and quch
bona fide clubs at the time of their application for a license
to sell alcoholic beverages shall have been in continuous
active existence and operation for a period not not less
than two (2) years in the city.
SCE ORDINANCE
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MAY 21, 1981
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(3):Establishment dealing in alcoholic beverages:
Any business or establishment licensed by the state for
the sale of alcoholic beverages of any alcoholic content,
or any bottle club, hotel, motel, nightclub or similar
establishment where a product or article is sold,
dispensed, served or provided, 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, or any area
or part of any building or structure in which alcoholic
beverages of any alcoholic content are stored, kept for
sale, 'offered for sale, sold, served or dispensed under
license issued by the state, or any other part of such
building or structure, or any other building or structure
that has any entrance, door or other passageway that
could in any manner be used or utilized as a means of
access, ingress or egress into the area in which alcoholic
beverages of any alcoholic content are kept, offered for
sale, sold or dispensed, or which is in any other manner
..capable of access, ingress or egress at any time to the
area in which alcoholic beverages of any alcoholic content
are kept, offered for sale, sold, served or dispensed;
provided, however, such term when applied to hotels,
clubs, or golf clubs, as defined in this section, and,
grocery stores licensed to sell alcoholic beverages for
off-premises consumption, shall mean that are or part-'
of the hotel, clubs or golf clubs and grocery stores in
which such beverages are kept, sold, served or dispensed
when the area is capable of being closed or in some other
manner set apart and forbidden to access,
(4) Golf club: Any club organized and existing for the purpose
of providing a clubhouse for its golf playing members or
patrons, where the golf club is located upon the same
premises with a playable golf course. It is the purpose
and intention of this definition to restrict the term "golf
club" to such clubs bona fide devoted to the members of
the club and patrons using a golf course directly connected
therewith.
(5) Premises: That portion of the property where the licensed
activi is to take lace.
(5M Restaurant: An establishment having necessary equipment
to cook and prepare meals and that does prepare and serve
full course meals.
{!r}- School: A place of instruction or education whether main-
tained at public or private expense whose primary purpose
is' the instruction of education of persons under the age
of eighteen (18).
(b) For the purposes of this chapter, the terms "manufacturer",
"distributor, " "vendor, " "chartered or incorporated clubs, "
"social clubs" and "golf clubs" shall be defined as the same
are defined by F. S. H 561. 01 to 568. 14.
c Classification: That !jRe of zoning desired for the lot, lot
or tract .
,'ORD. .2368-81
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MAY 21, 1981
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Section 2. That Section 72. 05, Zoning-- Classificatlons, of Chapter
72, Alcoholic Beverages, of Title VII, Business and Business Regulations,
of the Code of Ordinances, City of Clearwater, be and the same is hereby
amended to read as follows:
Section 72.05. Zoning--Classifications.
The following classifications shall govern in establishing
beverage zoning within the city:
-Bee P--Gene*mption-eap
?•3')-1.?. P? - -Bs?r--Peeks g e -s"ale•s- ea?;»
(1)4GQV:--Beer•'•and. Gorsscri tic oni
E4}&AP t--B-e-o-r-a-n&winew-Parck-age-oak-&"onl+y}-
?5" GOF:--BeaVr-Zvi'neei ).?,kq to ----G0a&um-p#ion Dm-
(&Pgv-Boe-r4-wine-and4iqu.&r --Pa ekage-s-& es-enly,;-
???-?'? •['r? $i?fi-?c'?F?'X1?'?}eC+?,-?'in?aRd k?ua?rr
Hotel; fn etfe•1-er-1L&s-taui%aTAF-
4&)41iGt--Qia-rtered-ov-4neerperated-cAubsr-s*<Aa4-eIvA B-and-
gelf-elubs-;-
{.9.y-ca?l??• { s?eek?ya-
(1) 1APS Beer Package Sales
(2) 1COPS _Beer Consumption on Premises - Package Sales
3 ZAPS Beer & Wine Package Sales
4 2COPS Beer & Wine Consumption-on Premises -
Package Sales
(5) PS Liquor Package Sales
(6) COP Liquor Consumption on Premises
(7) COPS Liquor Consumption on Premises Package
Sales loun a Hotel/Motel
L8) COPSRX_ Consumption on Premises - Special Restaurant
i 11C .?Chartered, Incorporated, Social and Golf Clubs
Section 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 4. Should any part or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 5. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166. 041, Florida Statutes.
Section 6. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
• Attest:
JAI A-.
City Clark
ORD. 2368-81
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May 7, 1981
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