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HomeMy WebLinkAboutcocc_ordinance_no_12-2021_202104201 ORDINANCE NO. 12-2021 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, AMENDING SECTION 6-51 OF THE CITY 5 CODE RELATED TO OPEN CONTAINERS OF ALCOHOLIC BEVERAGES 6 IN PUBLIC PLACES; PROVIDING FOR THE REPEAL OF PRIOR 7 INCONSISTENT ORDINANCES AND RESOLUTIONS, 8 INCORPORATION INTO THE CODE, SEVERABILITY AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 12 Constitution, to exercise any power for municipal purposes; and 13 14 WHEREAS, the regulation of open containers of alcoholic beverages in certain public 15 places bears a rational relationship to the goal of preventing public disorder and is a reasonable 16 and valid exercise of the City's police power. See e.g., State v. Thompson, 536 So. 2d 388 (Fla. 3rd 17 DCA 1989); and 18 19 WHEREAS, upon recommendation of the Sheriff's Office providing law enforcement 20 services within the jurisdictional limits of the City of Cape Canaveral, the City Council desires to 21 update the City's open container law to include additional outside public places where the 22 possession and consumption of alcoholic beverages shall be prohibited; and 23 24 WHEREAS, the City Council recognizes the additional public places identified hereunder 25 are consistent with existing open container regulations adopted by Brevard County; and 26 27 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 28 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 29 Cape Canaveral. 30 31 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 32 ORDAINS, AS FOLLOWS: 33 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 34 this reference as legislative findings and the intent and purpose of the City Council of the City of 35 Cape Canaveral. 36 37 Section 2. Amending Section 6-51 of the City Code. The City of Cape Canaveral 38 Code of Ordinances, Section 6-51, is hereby amended as set forth below (underlined type 39 indicates additions and strikeout type indicates deletions, while *** indicate deletions from this City of Cape Canaveral Ordinance No. 12-2021 Page 1 of 3 1 Ordinance of said applicable Division that shall remain unchanged in the City Code): 2 3 CHAPTER 6 — ALCOHOLIC BEVERAGES 4 5 *** 6 7 Article III. — POSSESSION AND CONSUMPTION 8 9 Division 1. - Generally 10 11 Sec. 6-51. - Streets, alleys, sidewalks and parking areas. 12 (a) It shall be unlawful for any person to drink, consume or possess an open container of 13 alcoholic beverage, as defined in F.S. § 561.01, including but not limited to beer and wine, 14 on or upon any street, alley, walkway, sidewalk, public dune crossover, or any city public 15 parking area open to the public, or on the premises outside of any building containing 16 an establishment open to the general public, not including any building customarily used 17 for residential purposes. 18 (b) The city manager may waive the prohibitions of this section for any special event, 19 including, but not limited to, community picnics, charitable ball games and other events, 20 provided that nothing in this section shall be deemed to waive any provisions of state 21 law regulating alcoholic beverages. 22 (c) This section shall not prohibit the consumption or possession of any open container of 23 alcoholic beverages outside of any building licensed to serve alcoholic beverages 24 provided that: (1) the outside location of such possession or consumption has been 25 designated in the alcoholic license issued by the state as part of the licensed premises, 26 as defined by F.S. § 561.01; (2) the outside consumption or possession at such location 27 conforms to the requirements of the City Code and applicable law; and (3) such 28 possession or consumption is confined to the location designated in the alcoholic license 29 issued by the state as part of the licensed premises. 30 31 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 32 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 33 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 34 35 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 36 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 37 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 38 and like errors may be corrected and additions, alterations, and omissions, not affecting the 39 construction or meaning of this ordinance and the City Code may be freely made. City of Cape Canaveral Ordinance No. 12-2021 Page 2 of 3 1 2 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 3 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 4 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 5 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 6 the validity of the remaining portions of this Ordinance. 7 8 Section 6. Effective Date. This Ordinance shall become effective immediately upon 9 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 10 Charter. 11 12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20 th day of April, 13 2021 14 15 16 Bob Hoog, Mayor 17 18 ATTEST: For Against 19 20 Mile Brown Motion 21 Robert Hoog X 22 Mickie Kellum X 23 Wes Morrison X 24 Angela Raymond Second 25 26 Mia Goforth, CMC 27 City Clerk 28 29 First Reading: March 16, 2021 30 Advertisement: April 8, 2021 31 Second Reading: April 20, 2021 32 33 34 Approved as to legal form and sufficiency 35 for the City of Cape Canaveral only by: 36 37 38 Kristin Eick, Assistant City Attorney City of Cape Canaveral Ordinance No. 12-2021 Page 3 of 3 SEAL City of Cape Canaveral, Florida