8226-11ORDINANCE NO. 8226-11
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PARKS; AMENDING CHAPTER
22, PARKS, BEACHES, RECREATION; SECTION 22.59,
POSSESSION OF ALCOHOLIC BEVERAGES, TO ALLOW
THE SALE, CONSUMPTION OR POSSESSION ON PARK
PROPERTY WHEN PERMITTED PURSUANT TO AN
ALCOHOLIC BEVERAGE SPECIAL EVENTS PERMIT;
AMENDING SECTION 22.89, ALCOHOLIC BEVERAGE
SPECIAL EVENT PERMIT; CITY PROPERTY OR
SPONSORSHIP, TO ALLOW THE SALE AND/OR
CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE
DOWNTOWN CLEVELAND STREET AREA; AMENDING
SECTION 22.90, CONDITIONS; ALCOHOLIC BEVERAGE
SPECIAL EVENT PERMIT, TO PERMIT THE
POSSESSION AND CONSUMPTION BUT NOT THE SALE
OF ALCOHOLIC BEVERAGES AS DEFINED IN SECTION
6.21 IN LIMITED SPECIAL EVENT AREAS IN
ACCORDANCE WITH AN ALOCHOLIC BEVERAGE
SPECIAL EVENT PERMIT; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Code of Ordinances currently empowers the city manager to
regulate the time, place and manner in which city park property is to be used and
enjoyed by the public, including use for the sale, consumption or possession of alcoholic
beverages on park property and the sale and/or consumption of alcoholic beverages at
a special event in accordance with a alcoholic beverage special event permit; and
WHEREAS, the sale, consumption or possession of alcoholic beverages is now
limited to certain areas of park property as defined in section 22.59 of the City of
Clearwater Code of Ordinances (the "Code"), more specifically, the Performing Arts
Center and Theater (known as Ruth Eckerd Hall), the Harborview Center, to any portion
within a public building when rented to private parties, or to Jack Russell Stadium, the
Clearwater Country Club golf course, the Clearwater Executive Golf Course, Bright
House Networks Field, and to the fenced in area at the Clearwater Community Sailing
Center, under conditions specified therein; and
WHEREAS, the city council now wishes to allow for the sale, consumption and
possession of alcoholic beverages on any park property in accordance with an alcoholic
beverage special event permit as issued in accordance with Section 22.89 of the Code
and, for the possession and consumption, but not the sale of alcohol as defined in
section 6.21 of the code, in limited areas in accordance with a alcoholic beverage
special events permit; and
Ordinance No. 8226-11
WHEREAS, further, the city council now wishes to allow for the sale,
consumption and/or possession of alcoholic beverages on certain property in the
Cleveland Street downtown area as more specifically described herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. That Chapter 22 of the Code of Ordinances, City of Clearwater,
Florida, is hereby amended to read as follows:
Chapter 22
Parks, Beaches, Recreation*
* *
Article II. Use Regulations*
* * *
Sec. 22.59. Possession of alcoholic beverages.
No person shall sell, consume or have in his possession any alcoholic beverage as
defined in section 6.21 of any form on any park property, except as permitted by an
alcoholic beverage special event permit as provided for in this Chapter. This prohibition
shall not apply to the Performing Arts Center and Theater, to the Harborview Center, to
any portion within a public building when rented to private parties, or to Jack Russell
Stadium, the Clearwater Country Club golf course, the Clearwater Executive Golf
Course, Bright House Networks Field, and to the fenced in area at the Clearwater
Community Sailing 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, or to events held pursuant to an alcoholic beverage special event permit
issued under the provisions of sections 22.88 through 22.91.
Sec. 22.89. Alcoholic beverage special event permit; city property or
sponsorship.
(1) Sale and/or consumption of alcoholic beverages at a special event located on
property owned by the city and where the city is a sponsor or co-sponsor of the event,
or at a special event taking place on Cleveland Street in downtown Clearwater which is
described for these purposes as: The area within the north and south boundaries of
Cleveland Street, bounded on east by the west boundary of Myrtle Avenue, on the west
by the west boundary of Osceola Avenue, including the contiguous rights-of-way and
Ordinance No. 8226-11
sidewalks, may be authorized by issuance of an alcoholic beverage special event
permit.
(2) A person seeking approval for such sale and/or consumption activity shall file a
separate application with the city manager, or designee, on forms provided by the city.
(3) The application shall be filed not less than 15 days prior to the proposed special
event.
(4) The application for an alcoholic beverage special event permit shall include, in
addition to any information, which is required under section 22.82, the following
information:
(a) Diagram depicting areas within the event venue within which beverage sales are to
occur.
(b) Documentation of state alcoholic beverage licensing.
(c Diagram depicting areas within the event venue within which beverage possession
and consumption is to be permitted in accordance with section 22.90(5), if applicable.
Sec. 22.90. Conditions; alcoholic beverage special event permit.
Permits issued pursuant to section 22.59 for sale and/or consumption of alcoholic
beverages at a special event shall be subject to the following conditions in addition to
those contained in section 22.83:
(1) No applicant shall be issued more than three permits per year, and no permitted
event may exceed three days in duration.
(2) Permits shall be issued only to nonprofit organizations.
(3) The applicant must provide, in addition to insurance required under section
22.82(g), general liability and other insurance as required by the provisions of Florida
Statutes for the sale and/or consumption of alcoholic beverages.
(4) Only beer, as defined in Florida Statutes Section 563.01, and wine, as defined in
Florida Statutes Section 564.01, shall be served, except as provided for below.
(5) [Resewed. A The consumption and possession of alcoholic beverages as defined
in section 6.21 may be permitted in accordance with an alcoholic beverage special
event permit in areas specifically depicted within an event venue diagram as required by
section 22.89(4)(c). Under no circumstance shall such beverages be sold.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING December 16, 2010
PASSED ON SECOND AND FINAL ,7anuary 13? 2011
READING AND ADOPTED
Ordinance No. 8226-11
Y L?
Frank . Hibbard
Mayor
Approved as to form:
Laura Lipowski Mahony
Attest:
Rosemarie Call
City Clerk
aF
o
Assistant City Attorney
Ordinance No. 8226-11