7543-05
ORDINANCE NO. 7543-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO ALCOHOLIC BEVERAGES; AMENDING
SECTION 6.21, CODE OF ORDINANCES, TO CREATE A
DEFINITION FOR "OPENED OR UNSEALED CONTAINER
CONTAINING AN ALCOHOLIC BEVERAGE"; AMENDING
SECTION 6.31 (2) AND (3), CODE OF ORDINANCES, TO
PROHIBIT BOTH THE CONSUMPTION OF ALCOHOLIC
BEVERAGES AND THE POSSESSION OF OPENED OR
UNSEALED CONTAINERS CONTAINING AN ALCOHOLIC
BEVERAGE ON OR WITHIN 500 FEET FROM THE PREMISES
OF AN ALCOHOLIC BEVERAGE ESTABLISHMENT EXCEPT
WITHIN LICENSED AREAS OR ENCLOSED BUILDINGS OR
ON PROPERTY OCCUPIED BY RESIDENTIAL STRUCTURES;
AMENDING SECTION 6.31 (4), CODE OF ORDINANCES, TO
PROHIBIT THE SALE OR CONSUMPTION OF ALCOHOLIC
BEVERAGES AND THE POSSESSION OF OPENED OR
UNSEALED CONTAINERS CONTAINING AN ALCOHOLIC
BEVERAGE ON ANY AREA OPEN TO THE USE OF THE
PUBLIC FOR PURPOSES OF VEHICULAR TRAFFIC OR ON
PUBLICLY OWNED PROPERTY WITH SPECIFIED
EXCEPTIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the congregation of crowds of people in and around vendors of
alcoholic beverages has led to the public consumption of alcoholic beverages and the
possession of opened or unsealed containers containing an alcoholic beverage, leading to
intoxicated disorderly conduct, destruction of property, excessive noise and litter, and
creating a haven for criminal activity, including drug dealing, and further creating a
dangerous condition for law enforcement personnel responding to calls at those locations;
and
WHEREAS, the uncontrolled consumption of alcoholic beverages and possession of
opened or unsealed containers containing an alcoholic beverage on the grounds of publicly
owned buildings or on publicly or privately owned areas open to the use of the public for
the purpose of vehicular traffic contributes to intoxicated disorderly conduct, traffic hazards,
destruction of property, excessive noise and litter and creates a haven for criminal activity,
including drug dealing, and further creates a dangerous condition for law enforcement
personnel responding to calls at those locations; and
WHEREAS, Section 316.1936, Florida Statutes (2004), makes it unlawful to
consume an alcoholic beverage or possess an opened or unsealed container containing an
alcoholic beverage while in or on a vehicle that is located on a street or parking lot that is
open to public use for the purpose of vehicular traffic; and
Ordinance No. 7543-05
WHEREAS, under Florida law, the prohibition contained in Section 316.1936,
Florida Statutes (2004), extends to those areas of commercial establishments that are
open to the use of the public for the purpose of vehicular traffic, including parking lots; and
WHEREAS, the city council finds that the extension of the city's prohibition against
the consumption of alcoholic beverages and possession of opened or unsealed containers
containing an alcoholic beverage to persons afoot who are consuming alcoholic beverages
or who are in possession of opened or unsealed containers containing an alcoholic
beverage and who would otherwise be in violation of Section 316.1936, Florida Statutes
(2004) if they were in or on a vehicle while consuming the alcoholic beverage or
possessing the opened or unsealed container will reduce intoxicated disorderly conduct,
traffic hazards, destruction of property, excessive noise and litter and will reduce criminal
activity, including drug dealing; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 6.21, Code of Ordinances, is amended to read as
follows:
Sec. '6.21. Definitions.
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Bottle Club means an establishment at which alcoholic beverages are
served during any of the hours of closing as established in section 6.29 in
connection with the sale of a nonalcoholic beverage, ice, the service of mixing
the drink, or other thing of value.
Opened or Unsealed Container Containina an Alcoholic Beveraae
means any vessel or container containina an alcoholic beveraae, as defined
herein. which is immediately capable of consumption or the seal of which has
been broken, notwithstandina the fact that the vessel or container has been
recapped or covered, excludina a bottle of wine that has been resealed
pursuant to Section 564.09, Florida Statutes (SuPP. 2005).
Premises means that portion of a parcel of property occupied by an alcoholic
beverage establishment. With respect to any business establishment engaged in a
business primarily other than the sale or consumption of alcoholic beverages and which
maintains a separate section within such business establishment for the sale or
consumption of alcoholic beverages, the term shall be limited to such separate section.
*****
Section 2. Subsections (2), (3) and (4) of Section 6.31, Code of Ordinances,
are amended to read as follows:
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Ordinance No. 7543-05
Sec. 6.31. Prohibited acts.
*****
(2) It shall be a violation for any person to consume any alcoholic beverage, or to
possess any opened or unsealed container containing an alcoholic beverage, 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.
(3) It shall be a violation for any person to consume any alcoholic beverage. or to
possess any opened or unsealed container containing an alcoholic beverage, off a
licensed premises and within 500 feet thereof, except within enclosed buildings. within
an area occupied by another alcoholic beveraae establishment when that area is
licensed for such consumption, or on property occupied by residential structures. The
distance set forth in this subsection shall be measured by following a straight line from
that portion of any structure licensed for the sale of alcoholic beverages nearest to the
place of violation of this subsection.
(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 22.91~ 9f pursuant to a sidewalk cafe
permit issued under the provisions of section 3-201 C. of the Land Development Code~
or pursuant to a license issued by the Division of Alcoholic Beverages and Tobacco of
the Florida Department of Business and Professional Regulation that permits the sale
or consumption at the location:
@) On any public beach.
fQ) 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. "Public street" or "parking lot" as
used in this subsection shall mean those areas described in Section
316.003(53), Florida Statutes (2004). which are defined to include the
entire width between the boundary lines of a way or place if any part of
that way or place is open to public use for the purpose of vehicular traffic.
including the parking lots of malls, strip centers, convenience stores,
hotels. motels, or other commercial establishments.
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Ordinance No. 7543-05
Community Sailing Contor, 'Nhon the sale or consumption of alcoholic
bovoragos has boon authorized by tho terms of any leaso or othor
agreemont approved by tho city commission.
~(Gj On.f.R any other publiclY owned property building, except on fA any portion
of a publiclY owned property building when rented to private parties or
when authorized by the public aqency that owns the property so lonq as
the sale or consumption of alcoholic beveraaes would otherwise be in
compliance with the Alcoholic Beveraqe Laws of the State of Florida. +his
prohibition shall not apply to the Performing Arts Center and Theator or
tho_Harborvio'.... Center.
~ On any portion of the Courtney Campbell Recreation Area as defined in
section 22.21.
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Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
November 16. 2005
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 15, 2005
4~J(~
Frc:rfik V. Hibbard
Mayor
Approved as to form:
Attest:
wilt
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City Clerk :;: -= .::'> = =
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Ordinance No. 7543-05