HomeMy WebLinkAboutCode Master Project 1978: Chapter 733: Alcoholic Beverage Sale Regulations ti
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CITY OF
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September 12 , 1985
,,-
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
r _ RE: BAR CLOSING HOURS
The City of Cocoa Beach has passed on first reading an
Ordinance retracting the closing time for the sale of
alcoholic beverages to 1: 00 A.M. Should this ordinance
be adopted, the City of Cape Canaveral will be impacted
in a number of areas, including increased traffic and
calls for police services . We should monitor the progress
of the Cocoa Beach ordinance so that we may be able to
pursue any further action the Mayor and City Council would
desire .
AV
Frede is c C. i t
FCN:ab
. 411JO:L
1 O ORDINANCE NO. 45-85
AN ORDINANCE AMENDING CODE CHAPTER 733,
"ALCOHOLIC BEVERAGE SALE REGULATIONS" , OF
THE CODE OF ORDINANCES OF THE CITY OF CAPE
CANAVERAL, FLORIDA BY AMENDING SECTIONS
733. 01 AND 733. 03 BY CHANGING THE HOURS OF
OPERATION; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Section 733. 01 of the Code of Ordinances is
hereby repealed in its entirety and replaced with the following:
Sec. 733 . 01 Time of Operation Regulated for Establishments
Holding State Beverage Licenses and Any Other Commercial
Establishment where Alcoholic Beverages are Served. Any
commercial establishment which serves, dispenses, stores or
sells alcoholic beverages, or where alcoholic beverages are
consumed, or which holds a license under the Division of
Beverages for either on or off-premise consumption, shall
have their hours of operation for the purposes of dispensing
selling, consuming or serving alcoholic beverages from 7 : 00
A.M. to 2 : 00 A.M. the following morning Monday through
Saturday and on Sundays from 1 : 00 P.M. to 2 : 00 A.M. the
following morning. Additionally, on Sundays, beer and wine
4- may be served or sold from 7: 00 A.M. to 1 : 00 P.M. r (Jrd rUo . IDS --
s ) l S /Do✓ )97s .�
SECTION 2. Section 733 . 03 of the Code of Ordinances is
hereby repealed in its entirety and replaced with the following:
Sec. 733. 03 Exception for New Year ' s Eve. Establishments
within the City of Cape Canaveral, Florida, licensed by the
Division of Beverage, may remain open until 4 : 00 A.M. on
January 1st and shall not be required to close at 2 :00 A.M.
as provided in Section 733. 01. L_ px, . �.f- s� S c I'J - )28S
_----SECTION 3 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4 . This Ordinance shall become effective on January
2 , 1986.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 5th day of November , 1985.
j(1/6
Mayor
ATTEST: NAME
M11ARCHETTI ■
NICHOLAS
City Clerk
lUIHERFORD X
Approved as to Form: 1'-RESTER X
First Rcuw;:lg 10-15-85
roS'ed: ' 10-16-85
�►�� v•_rt s2 J: 10-26-85
City - ore
.,�:u� RcJir,,-• 11-05-85
§ 733 . 01 ALCOHOLIC BEVERAGE SALE REGULATIONS § 733 .05
CHAPTER 733
ALCOHOLIC BEVERAGE SALE REGULATIONS
Sec. 733 . 01 Time cf Operation 'egulated for Establish-
ments Holding State B-verage Li -nses and Any Other
Commercial Establishm- t Where Alcoholic Beverages are
Served. Any commercia . establishment which serves , dis-
penses , stores or sells alco olic beverages , or where
alcoholic beverages are co umed, or which holds a license
under the Division of B-v: ages for either on or off-
premise consumption, sha' have their hours of operation
for the purposes of disc :nsing, selling, consuming or
serving alcoholic beverages from 7 : 00 A.M. to 4 : 00 A.M.
the following mornins Moniay through Saturday and on
Sundays from 1 :00 P . to 4 : 00 A.M. the following morning.
Additionally, on Sundays , seer and wine may be served or
sold from 7 : 00 A . to 1 :00 P.M. [Ord. No. 7-83 , § 2 ,
19 Apr 1983 ; Or• . No. 23-8 , § 2 , 1 Nov 83Vb Ord . R3. Lif- CeS, St
kDov" I 17SJ
Sec. 733 . 03 Exceptio for ew Year' s Eve. Establish-
ments within the City of Ca e Canaveral , Florida, licensed
by the Division of Bevera , may remain open all night on
New Year' s Eve, December st, and shall not be required
to close at 4 : 00 a.m. , anu ry 1st, as provided in Section
733 . 01 . [Ord. No. 23-76 , § 1 , 21 Dec 1976)� (DW (Uo. �f�S S
5- roc l9 Ss]
Sec. 733 .04 Penalty Any person violating any of the
provisions of this Chapter shall be punished as provided
in Section 801.02 . [Ord. No. 23-76 , § 1 , 21 Dec 1976]
Sec. 733 . 05 Nudity on Premises where Alcoholic Bev-
erages are Offered for Sale.
(A) It shall be unlawful for any person maintaining,
owning or operating a commercial establishment located
within the City of Cape Canaveral , Florida, at which
alcoholic beverages are offered for sale for consumption
on the premises :
(1) To suffer or permit any female person, while
on the premises of said commercial establishment, to
expose to the public view that area of the human breast
at or below the areola thereof.
(2) To suffer or permit any female person, while
on the premises of said commercial establishment, to
PAGE REVISED
-1 NOV 84---
ORDINANCE NO. 807
AN ORDINANCE OF THE CITY OF COCOA BEACH,
FLORIDA, AMENDING SECTION 3-1 OF CHAPTER
3 OF THE CODE OF ORDINANCES CHANGING THE
HOURS TO SELL, SERVE, CONSUME OR PERMIT
TO BE SOLD, SERVED OR CONSUMED IN ANY
PLACE WITHIN THE CITY HOLDING A LICENSE
UNDER THE BEVERAGE LAWS OF THE STATE OF
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCOA BEACH,
FLORIDA:
SECTION 1. Section 3-1 of the Code of Ordinances is amended to
read as follows:
Sec. 3-1. Hours of Sale - In General
It shall be unlawful for any person to sell, serve, consume
or permit to be sold, served or consumed in any place within the
city holding a license under the beverage laws of the State of
Florida, any alcoholic beverages, between the hours of 1:00 A.M.
and 10:00 A.M. on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays,
and Saturdays; between the hours of 1:00 A.M. and 12:00 noon on
Sundays; Provided however, it shall not be unlawful for any
person to sell, serve, consume or permit to be sold, served or
consumed in any place within the city holding a license under
the beverage laws of the State of Florida, any beer, ale, or
wine between the hours of 9:00 A.M. and 12:00 noon on Sundays.
SECTION 2. This Ordinance shall become effective immediately
upon it's adoption.
ADPTED at a Regular Meeting of the City Commission of the City
of Cocoa Beach, Florida, this day of September, 1985.
MAYOR-COMMISSIONER
ATTEST:
7
p „.5:t;' ,„
CITY CLERK 9 ;7
First Reading: September 10, 1985 (7:1'7Z
First Reading: September 11
Date Posted after g p , 1985
Second Reading:
Date Posted after Second Reading:
Date Published: September 13, 1985
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CITY OF
CAPE CANAVERAL
November 22, 1985
Canaveral Meat & Deli
109 N. Canaveral Beach Blvd.
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985, the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986.
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
7/,641..t.t..../
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anet S. Leeser
City Clerk
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,.--� _ ,y; _ ; TELEPHONE 305 783-1100
CITY OF
CAPE CANAVERAL
'` November 22, 1985
Schanuel Enterprises
8200 N. Atlantic Avenue
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985 , the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986.
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
anet S. Leeser
City Clerk
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CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 305 783-1 100
CITY OF
CAPE CANAVERAL
,, November 22, 1985
Little General 215971
7700 N. Atlantic Avenue
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985 , the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986.
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
JX 1_44..0 '
anet S. Leeser
City Clerk
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CAPE CANAVERAL, FLORIDA 32920
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CITY OF
��„�: CAPE CANAVERAL
November 22, 1985
Little General 215975
8797 N. Atlantic Avenue
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985 , the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2 , 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
anet S. Leeser
City Clerk
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OF
CAPEITY CANAVERAL
' � November 22, 1985
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A & M Discount Beverages #5
187 Canaveral Beach Blvd.
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985 , the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2 , 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
jp444.4.A.../
anet S. Leeser
City Clerk
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TELEPHONE 305 783-1100
CITY OF
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CAPE CANAVERAL
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' November 22, 1985
DiLorenzos Pizza
125 Canaveral Beach Blvd.
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985 , the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2 , 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
31ea'ta ,d Gs6Ci
Janet S. Leeser
City Clerk
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OF
"Ti5C1''�a" CAPE�TY CANAVERAL
November 22, 1985
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Golden Horseshoe Saloon
7090 Atlantic Avenue N
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985 , the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2 , 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
1?2*-ItAde,okfLid24
Janet S. Leeser
City Clerk
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City of Cape Canaveral
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CAPE CANAVERAL, FLORIDA 32920
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Al l CITY OF
' CAPE CANAVERAL
%.,* November 22, 1985
Diamond Ginnys
8625 Astronaut Blvd.
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985, the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
j
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anet S. Leeser
City Clerk
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105 POLK AVENUE
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� c' CITY OF
KK" ` CAPE CANAVERAL
w, , November 22, 1985
vx:.-
Sues Super Subs
6235 N. Atlantic Avenue
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985, the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2 , 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
904a,t .)." /-11-41-
Janet S. Leeser
City Clerk
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— . ._1�� TELEPHONE 305 783-1 100
CITY OF
'F ', CAPE CANAVERAL
November 22, 1985
& V & L Deli Inc.
' `` Post Office Box 744
C Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985, the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986.
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
9.4,tih J.
,e-te,22-t
Janet S. Leeser
City Clerk
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CITY OF
CAPE CANAVERAL
444
;. November 22, 1985
Moon Hut Restaurant
7802 Astronaut Blvd.
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985, the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986.
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
c)&412,63/ /-4441-,-4--
Janet S. Leeser
City Clerk
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_ J• CAPE CANAVERAL, FLORIDA 32920
! TELEPHONE 305 783-1100
CITY OF
4t, CAPE CANAVERAL
November 22, 1985
.t
Dottys George & Dorothy Reynolds
116 Jackson Avenue 120 B Jackson Avenue
Cape Canaveral, Florida 32920 Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985, the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986.
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
C>11411 .11 /-11-.42A
Janet S. Leeser
City Clerk
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Cit of Ca a Canaveral
i , 105 POLK AVENUE • P.O. BOX 326
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_ i CAPE CANAVERAL, FLORIDA 32920
_ I 41 TELEPHONE 305 783-1100
CITY OF
CAPE CANAVERAL
November 22, 1985
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}` Jeffrey and Sandra Rich
rt' 8200 Astronaut Blvd.
,;, / Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985 , the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
C;La4(-1- 4/0.44244......1
Janet S. Leeser
City Clerk
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_s , i 1.. City of Cape Canaveral
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J'-.- CAPE CANAVERAL, FLORIDA 32920
ram 4iFI TELEPHONE 305 783-1100
f +*, CITY OF
,.:,' CAPE CANAVERAL
November 22, 1985
Majik Market #30299
8590 N. Atlantic Avenue
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985 , the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
3144t-t6 .do41-411
Janet S. Leeser
City Clerk
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`A //'" * 105 POLK AVENUE • P.O. BOX 326
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!, 4)61' '' _ _ wry hif- TELEPHONE 305 783-1100
40�` ��" CITY OF
40*, CAPE CANAVERAL
" : November 22, 1985
Time Saver Min Mkt Inc.
Post Office Box 294
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985, the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2 , 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
3.)!;euti, t_.
anet S. Leeser
City Clerk
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' " Cityof Cape Canaveral
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` x,., CITY OF
CAPE CANAVERAL
/ November 22, 1985
Cape Chevron Service Center
6910 N. Atlantic Avenue
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985, the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
9120-Zi- Ni
Janet S. Leeser
City Clerk
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City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
� - r' TELEPHONE 305 783-1 100
i.tiCITY OF
at` � CAPE CANAVEHAL
� November 22, 1985
Majik Market #30088 Jacksons Minit Mkts Inc
6996 N. Atlantic Ave. P.O. Box 7701 Station C
Cape Canaveral, FL 32920 Atlanta, GA 30357
Gentlemen:
On November 5, 1985, the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
C;KZ241-1.-e" ."
Janet S. Leeser
City Clerk
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1i t- TELEPHONE 305 783-1100
CITY OF
CAPE CANAVERAL
November 22, 1985
eflkfr
:".. Tenneco Sery Station #3908 Tenneco Oil Company
7200 N. Atlantic Ave. Post Office Box 76045
,{ Cape Canaveral, FL 32920 Atlanta, GA 30328
Gentlemen:
On November 5, 1985 , the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
911." --I 471---e-
Janet S. Leeser
City Clerk
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CITY OF
er, CAPE CANAVERAL
, pit " November 22, 1985
`, Pit,
,,,�~ Melody Restraunt
;',. A, Post Office Box 376
kf, Cape Canaveral, Florida 32922
44,
4
Gentlemen:
On November 5, 1985 , the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2 , 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
i %c
Janet S. Leeser
City Clerk
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ItM, r _ 6- TELEPHONE 305 783-1100
CITY OF
, <; CAPE CANAVERAL
cT:
November 22, 1985
7-Eleven Food Store 1431-22407 Southland Corporation
8400 N. Atlantic Avenue 803 N. Fiske Blvd.
Cape Canaveral, Florida 32920 Cocoa, Florida 32922
Gentlemen:
On November 5, 1985 , the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
Janet S. Leeser
City Clerk
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105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
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I CITY OF
� ,,. CAPE CANAVERAL
November 22, 1985
The Pub
7090 Atlantic Avenue N
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985, the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
(?(4446 .SO, 6 l.l.4,Gt�
Janet S. Leeser
City Clerk
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4,4k-)T k � ` City of Cape Canaveral
44'.' ` ;y ��' 105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
__ = . t TELEPHONE 305 783-1100
+. CITY OF
CAPE CAKAVERAL
November 22, 1985
Highway Oil Inc. #716 Highway Oil Inc.
8090 Astronaut Blvd. 12th FL 1st National Bank
Cape Canaveral, Florida 32920 Topeka, Kansas
Gentlemen:
On November 5, 1985 , the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
9a;24ti.t )1: (/,-elAalt_/
Janet S. Leeser
City Clerk
JSL/bc
Encl.
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E 4
4 4. % : p City of Cape Canaveral
_lik
f '-f 105 POLK AVENUE • P.O. BOX 326
J- CAPE CANAVERAL, FLORIDA 32920
k .'a ` _ QyM� TELEPHONE 305 783-1100
R �
OF
„. ??-4' CAPEITY CANAVERAL
November 22, 1985
Cape-Ette
C/O William J. Querry
8803 N. Atlantic Avenue
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985 , the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2 , 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
C-)1201-1-- 1(/._41-4
Janet S. Leeser
City Clerk
JSL/bc
Encl .
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IV '.\�\'!. ,' ' City of Cape Canaveral
`-� 105 POLK AVENUE • P.O. BOX 326
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4"•"'�- - '''''Ti CAPE CANAVERAL, FLORIDA 32920
TELEPHONE TELEPHONE 305 783-1100
,
CITY OF
CAPE CANAVERAL
'` November 22, 1985
Archers Knot House Golden Dolphin Number One
6107 N. Atlantic Avenue Post Office Box 669
Cape Canaveral, Florida 32920 Cocoa Beach, Florida 32931
Gentlemen:
On November 5, 1985 , the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
9/-a4a- 2,XL-I-42tt-
Janet S. Leeser
City Clerk
JSL/bc
Encl .
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1w,, 0 - J-_:,r CAPE CANAVERAL, FLORIDA 32920
# ¢" { _ �! ._ TELEPHONE 305 783-1100
-
CITY OF
CAPE CANAVERAL
,
°' November 22, 1985
Straw Hat Club
8580 N. Atlantic Avenue
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985, the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
C?-41441 -1/1-444-1-j
Janet S. Leeser
City Clerk
JSL/bc
Encl.
41V
svixE,ANI,
0401
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
�l TELEPHONE 305 783-1100
CITY OF
GAPE CANAVERAL
V,r November 22, 1985
Canaveral Post 10131 VFW
105 Long Point Road
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985, the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986.
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
9120.4e," •/-11.41-1-
Janet S. Leeser
City Clerk
JSL/bc
Encl .
4.40
*ay ,
94 E Akio
y ' City of Cape Canaveral
i 105 POLK AVENUE • P.O. BOX 326
V:
f_ CAPE CANAVERAL, FLORIDA 32920
a►' j. TELEPHONE 305 783-1100
CITY OF
CAPE CANAVERAL
November 22, 1985
Lamp Post Lounge & Restaurant
7822 N. Atlantic Avenue
Cape Canaveral, Florida 32920
Gentlemen:
On November 5, 1985, the City Council adopted Ordinance No.
45-85 which changed the hours of operation regarding alcoholic
beverages. A copy of the Ordinance is attached for your review.
Please note that the effective date of the Ordinance is January
2, 1986 .
If you have any questions regarding this matter, do not
hesitate to call.
Sincerely,
Janet S. Leeser
City Clerk
JSL/bc
Encl .
ORDINANCE NO. 45-85
AN ORDINANCE AMENDING CODE CHAPTER 733,
"ALCOHOLIC BEVERAGE SALE REGULATIONS" , OF
THE CODE OF ORDINANCES OF THE CITY OF CAPE
CANAVERAL, FLORIDA BY AMENDING SECTIONS
733. 01 AND 733 . 03 BY CHANGING THE HOURS OF
OPERATION; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Section 733. 01 of the Code of Ordinances is
hereby repealed in its entirety and replaced with the following:
Sec. 733 .01 Time of Operation Regulated for Establishments
Holding State Beverage Licenses and Any Other Commercial
Establishment where Alcoholic Beverages are Served. Any
commercial establishment which serves, dispenses, stores or
sells alcoholic beverages , or where alcoholic beverages are
consumed, or which holds a license under the Division of
Beverages for either on or off-premise consumption, shall
have their hours of operation for the purposes of dispensing
selling, consuming or serving alcoholic beverages from 7 : 00
A.M. to 2 : 00 A.M. the following morning Monday through
Saturday and on Sundays from 1 :00 P.M. to 2 :00 A.M. the
following morning. Additionally, on Sundays, beer and wine
may be served or sold from 7: 00 A.M. to 1 : 00 P.M.
SECTION 2. Section 733 . 03 of the Code of Ordinances is
hereby repealed in its entirety and replaced with the following:
Sec. 733. 03 Exception for New Year ' s Eve. Establishments
within the City of Cape Canaveral, Florida, licensed by the
Division of Beverage, may remain open until 4 : 00 A.M. on
January 1st and shall not be required to close at 2 :00 A.M.
as provided in Section 733. 01.
SECTION 3 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4 . This Ordinance shall become effective on January
2, 1986.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 5th day of November , 1986.
A6Lited.1. N ric,A6J\
Mayor
ATTEST: •NAME YES NO
FISCHETTI X
MARCHETTI X
C!. XL NICHOLAS X
9‘14141t
ty Clerk tU7HERFORD X
Approved as to Form: , :I'-HESTER X
First Rea ii 10-15-85
Posted: 10-16-8 5
.m'�� tcv_'i ts^d; 10-26-85
City or •e'qqa �c-ond Rc?dir-7• 11-05-85
ORDINANCE NO. 23-83
�, ySL� AN ORDINANCE DELETING CHAPTER 735 "REGULATIONS
1� OF ALCOHOLIC CONSUMPTION IN A COMMERCIAL
( ) ESTABLISHMENT" OF THE CITY CODE OF THE CITY OF
('� � ` CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 733
"ALCOHOLIC BEVEEAGE SALE REGULATIONS" BY
DELETING SECTION 733 . 01 IN ITS ENTIRETY AND
REPLACING IT WITH SECTION 733 . 01 BY INCREASING
THE TYPE OF ESTABLISHMENTS WHOSE HOURS ARE
REGULATED; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED by the City Council of
the City of Cape Canaveral, Florida, as follows :
SECTION 1 . Chapter 735 "Regulations of Alcoholic
Consumption in a Commercial Establishment" is hereby deleted in
its entirety.
SECTION 2 . Chapter 733 "Alcoholic Beverage Sale
Regulations" is hereby amended by deleting Section 733 .01 in
its entirety and replacing it with the following:
Sec. 733 . 01 Time of Operation Regulated for
Establishments Holding State Beverage Licenses and Any
Other Commercial Establishment Where Alcoholic Beverages
are Served.
Any commercial establishment which serves, dispenses, stores
or sells alcoholic beverages, or where alcoholic beverages
are consumed, or which holds a license under the Division
of Beverages for either on or off-premise consumption,
shall have their hours of operation for the purposes of
dispensing, selling, consuming or serving alcoholic
beverages from 7 :00 A.M. to 4 :00 A.M. the following
morning Monday through Saturday and on Sundays from
1:00 P.M. to 4 : 00 A.M. the following morning. Additionally,
on Sundays, beer and wine may be served or sold from 7 :00
A.M. to 1 :00 P.M.
SECTION 3 . All portions of the City Code in conflict
herewith are hereby repealed.
SECTION 4 . This Ordinance shall take effect immediately
upon its adoption.
r •
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 1st day of November , 1983 .
LJLiih /; Iayor Lif
Attest
NAME YES�NO Permission to Advertise 10-4-83
----__ �7
First Reading 10-18-83
CALVERT X ) �,.e
osted: 10-5-83
, HARRIS I d:
,— ^ � ' i�' 10-12-83
City Clerk NICHOLAS I X I 11-1-83
Approved as to Form: RUTH- ER`ORO Second Reading I X I t
WINCHESTER
I
y At ort ney
09 § 733 . 01 ALCOHOLIC BEVERAGE SALE REGULATIONS § 733.05
CHAPTER 733
ALCOHOLIC BEVERAGE SALE REGULATIONS
Sec. 733 . 01 Time of Operation of Establishments Holding
State Beverage License Regulated. Alcoholic beverages may
be sold, consumed or served in any place holding a license
�}� under the Division of Beverages between the following hours :
I Monday through Saturday 7 :00 a.m. to 4 : 00 a.m. the follow-
ing morning; Sunday 1 : 00 p.m. to 4 :00 a.m. the following
morning. Additionally, beer and wine may be sold, consumed
�� or served at any place holding a license under the T°r?'' of Beverages on Sundays from 7 :00 a.i. to 1: 00 p.m. [Ord.
No. 7-83 , § 2 , 19 Apr 1983] Ord•Ne• a3-13, Sa., /Navg'3]
Sec. 733 .03 Exception for New Year' s Eve. Establish-
ments within the City of Cape Canaveral, Florida, licensed
by the Division of Beverage, may remain open all night on
New Year' s Eve, December 31st, and shall not be required to
close at 4 :00 a.m. , January 1st, as provided in Section
733.01. [Ord. No. 23-76 , § 1, 21 Dec 1976]
Sec. 733 .04 Penalty. Any person violating any of the
provisions of this Chapter shall be punished as provided
in Section 801.02 . [Ord. No. 23-76 , § 1, 21 Dec 1976]
Sec. 733 .05 Nudity on Premises where Alcoholic Bev-
erages are Offered for Sale.
(A) It shall be unlawful for any person maintaining,
owning or operating a commercial establishment located
within the City of Cape Canaveral, Florida, at which
alcoholic beverages are offered for sale for consumption
on the premises:
(1) To suffer or permit any female person, while
on the premises of said commercial establishment, to
expose to the public view that area of the human breast
at or below the areola thereof.
(2) To suffer or permit any female person, while
on the premises of said commercial establishment, to
PAGE REVISED
19 APR 83•
1 ND✓ Y.3
§ 733 . 01 ALCOHOL . BEV . SALE REG . § 733 . 04
CHAPTER 733
ALCOHOLIC BEVERAGE SALE REGULATIONS
Sec . 733 . 01 Time of Operation of
Establishments Holding State Beverage
License Regulated . Alcoholic beverages
may be sold, consumed or served in any
place holding a license under the division
of beverages between the following hours :
Monday through Saturday 7 : 00 A.M. to
4 : 00 A.M. the following morning , Sunday
1 : 00 P .M. to 4 : 00 A.M. the following
morning . This restriction does apply
to sale of off-premises consumption of
beer and wine. (Ord . No . 24-74 , § 1 ,
3 , Sep . 1974) .
Sec . 733 . 02 Sunday Regulations . However ,
it shall be lawful to sell , consume or
serve beer and wine in any place holding
a license under the Division of Beverages ,
between the hours of 7 : 00 A.M. and 1 : 00
P .M. , on Sundays . (Ord . Nos . 24-74 &
23-72 amended by Ord . No . 29-74 , § 1 ,
15 Oct . 1974)
Sec . 733 . 03 Exception for New Year ' s
Eve . Establishments within the City of
Cape Canaveral, Florida, licensed by the
Division of Beverage, may remain open all
night on New Year ' s Eve, December 31st ,
and shall not be required to close at
4 : 00 A.M. , January 1st , as provided in
Section 733 . 01 . (Ord . No . 23-76 , § 1 ,
21 , Dec . 1976) .
Sec . 733 . 04 Penalty. Any person
violating any of the provisions of this
Chapter shall be punished as provided in
§ 801 . 02 . (Ord . No . 23-72 § 4 , 5 ,
Dec . 1972) .
ORDINANCE NO. 23-83
AN ORDINANCE DELETING CHAPTER 735 "REGULATIONS
OF ALCOHOLIC CONSUMPTION IN A COMMERCIAL
ESTABLISHMENT" OF THE CITY CODE OF THE CITY OF
CAPE CANAVERAL , FLORIDA; AMENDING CHAPTER 733
"ALCOHOLIC BEVERAGE SALE REGULATIONS"_RY_
DELETING SECTION 733 . 01 IN ITS ENTIRETY _ND
REPLACING IT WITH ON 733.001 BY INCREASING
THE TYPE OF ESTABLISHMENTS WHOSE HOURS ARE
REGULATED; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED by the City Council of
the City of Cape . Canaveral, Florida, as follows :
SECTION 1 . Chapter 735 "Regulations of Alcoholic
Consumption in a Commercial Establishment" is hereby deleted in
its entirety.
SECTION 2 . Chapter 735 "Alcoholic Beverage Sale
Regulations" is hereby amended .by deleting Section 733 . 01 in
its entirety and replacing it with the following:
Sec. 733 . 01 Time of Operation Regulated for
Establishments Holding State Beverage Licenses and Any
Other Commercial Establishment Where Alcoholic Beverages
are Served.
Any commercial establishment which serves, dispenses , stores
or sells alcoholic beverages , or where alcoholic beverages
are consumed, or which holds a license under the Division
of Beverages for either on or off-premise consumption,
shall have their hours of operation for the purposes of
dispensing, selling, consuming or serving alcoholic
beverages from 7 :00 A.M. to 4 :00 A.M. the following
morning Monday through Saturday and on Sundays from
1:00 P.M. to 4 : 00 A.M. the following morning. Additionally,
on Sundays, beer and wine may be served or sold from 7 : 00
A.M. to 1 :00 P.M.
SECTION 3 . All portions of the City Code in conflict
herewith are hereby repealed.
SECTION 4 . This Ordinance shall take effect immediately
upon its adoption.
1 •
ADOPTED BY the City Council of the City of Cape Canaveral ,
Florida, this 1st day of November , 1983 .
r A
ayor
Attest:
NAME YFSI NO Permission to Advertise 10-4-83
(� -- — :; i r oath i�; 10-18-83
\\ "/ p CALVER.T
7 r �` L � 1ti-. HARRIS C rE�L� 10-12-83
83
City, Clerk NICHOLAS X •� � lS
1.>COf d Reading: 11-1-83
FaiTHERFc RO "
Approved as to Form:
WINCHESTER X
Attorney
11-2-83
Mr . Lucky' s
7032 N. ATlantic Ave .
Ballard Beasley II is the name on occupational license - he did not
renew this fiscal year .
Beach Bottle Club
8085 N. Atlantic Ave .
Donald Hersing is owner
Ben Kori Upstairs Rental Hall - listed as bottle club on occup. license
7408 N. Atlantic Ave .
Alexis Ben Kori is owner
Top of the Hat Club this license was not renewed this fiscal year .
8580 N. Atlantic Ave .
Jim Morgan owner
. /
`7 1
,y; r 4r City of Cape Canaveral
�^ ,
r -`-^�t --`-r,,,. f ,s''f 105 POLK AVENUE • CAPE CANAVERAL,FLORIDA 32920
P.O.BOX 326
TELEPHONE 305 783-1100
CITY OF
.`k CAPE CANAVERAL
,- November 2 , 1983
-, /
, t�
p' ,7'r Top of the Hat Club
8580 N. Atlantic Avenue
Cape Canaveral , FL 32920
ATTN: Jim Morgan
Gentlemen:
Enclosed is a certified copy of Ordinance No. 23-83
which was adopted by our City Council at the November 1 ,
1983 meeting.
Please note that the Ordinance was effective immediately
upon its adoption.
If you have any questions, please do not hesitate to
contact me.
Sincerely,
-/ 47"----
Frederick C. Nu t
City Manager
PJB: jl
Enclosure
Received By
Date
.r%a
E
64� _ '-6
•
re 7,, , --_----/4
,__A, City of Cape Canaveral
d_ f
s .. _ f ', 105 POLK AVENUE • CAPE CANAVERAL,FLORIDA 32920
P.O.BOX 326
---- fir— - TELEPHONE 305 783-1100
CITY OF
CAPE CANAVERAL
" November 2 , 1983
fly
= / Beach Bottle Club
8085 N. Atlantic Avenue
Cape Canaveral, FL 32920
ATTN: Donald Hersing
Gentlemen:
Enclosed is a certified copy of Ordinance No. 23-83
which was adopted by our City Council at the November 1 ,
1983 meeting.
Please note that the Ordinance was effective immediately
upon its adoption.
If you have any questions , please do not hesitate to
contact me.
Sincerely,
97/['- �i'Z��Fre erick C. 0 t
City Manager
PJB:jl
Enclosure
Received By
Date
f yw .
F^ i._
- , -r
47- I �. � , City of Cape Canaveral
� _ �'_,"--° 105 POLK AVENUE • CAPE CANAVERAL,FLORIDA 32920
yt P.O.BOX 326
- TELEPHONE 305 783-1100
CITY OF
CAPE CANAVERAL
. f / November 2, 1983
- r.
* rF
Mr. Lucky's
7032 N. Atlantic Avenue
Cape Canaveral, FL 32920
ATTN: Ballard Beasley II
Gentlemen:
Enclosed is a certified copy of Ordinance. No. 23-83
which was adopted by our City Council at the November 1,
1983 meeting.
Please note that the Ordinance was effective immediately
upon its adoption.
If you have any questions, please do not hesitate to
contact me.
Sincerely,
,.-'2.:- //<;%-:Ve < -t‘o"---------
/;:l
Frederick C. N tt
City Manager
PJB:jl
Enclosure
Received By
Date
y4p'CzE�
yI , s�
. �, -, City of Cape Canaveral
{ �' ,, . ./. 105 POLK AVENUE • CAPE CANAVERAL,FLORIDA 32920
`� P.O.BOX 326
.42* TELEPHONE 305 783-1100
CITY OF
} CAPE CANAVERAL
November 2 , 1983
/
/
Ben Kori Upstairs Rental Hall
Y 7408 N. Atlantic Avenue
Cape Canaveral, FL 32920
ATTN: Alexis Ben Kori
Gentlemen:
Enclosed is a certified copy of Ordinance No. 23-83
which was adopted by our City Council at the November 1 ,
1983 meeting.
Please note that the Ordinance was effective immediately
upon its adoption.
If you have any questions , please do not hesitate to
contact me.
Sincerely,
—:-Z-
Frederick C. N • tt
City Manager
PJB: jl
Enclosure
Received By
Date
ORDINANCE NO. 29-74
AN ORDINANCE AMENDING ORDINANCES NOS. 24-74 AND
23-72, BY PERMITTING SALE, CONSUMPTION OR SERVICE
OF BEER AND WINE BY ESTABLISHMENTS HOLDING STATE
ALCOHOLIC BEVERAGE LICENSES, ON SUNDAYS FROM
7:00 A. M. TO 1:00 P.M. ; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. Ordinances No-. 24-7, ,,nd 23-72 pertaining to
alocholic beverages sale regulations are hereby amended by adding to
Section 1 thereof the following:
"However, it shall be lawful to sell, consume or serve beer
/ and wine in any place holding a license under the Division of
Beverages, between the hours of 7:00 a. m. and 1:00 p. m. ,
on Sundays. "
. SECTION 2. All other provisions, conditions and requirements of
Ordinance No. 24-74, Section 1, are hereby ratified.
SECTION 3. This Ordinance shall become effective as of November
1., 1974.
ADOl1'ED by the City Council of the City of Cape Canaveral,
Florida, this 15 day of OCTOBER , 1974.
Mayor
Attest:
City Clerk
A roved as to form:
FIRST READING; 9/ 17/74
POSTED : 9/18/74
ADVERTISED; 9/21/74
ity Attorney SECOND READING 10/ 15/74
i
NAM.. YES NO A133
}TACLAY
NICHOLAS
ALVAGGIO, �
THURM I1/
hrltrinF ,' c 9
ORDINANCE NO. 24-74 :
AN ORDINANCE AMENDING ORDINANCE 23-72, BY PRO-
VIDI_NG HOURS OF OPERATION_E_OR ESTABLISHMENTS
J1/\/1642
HOLDING STATE ALCOHOLIC BEVERAGE LICENSES;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE .
BE IT ORDAINED BY THE CITY COUNCIL OF THE
TY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS :
SECTION 1 . ORDINANCE 23-72, PERTAINING TO
ALCOHOLIC BEVERAGE SALE REGULATIONS, IS HEREBY AMENDED AS
FOLLOWS :
1f SECTION 1 . OF SAID ORDINANCE IS DELETED IN ITS
0
ENTIRETY, AND THE FOLLOWING SUBSTITUTED THEREFOR: 1/4—)
.c "SECTION 1 . ALCOHOLIC BEVERAGES MAY BE SOLD,
J, Z . Q Ng CONSUMED OR SERVED IN ANY PLACE HOLDING A LICENSE
JJ / UNDER THE DIVISION OF BEVERAGES BETWEEN THE
FOLLOWING HOURS : MONDAY THROUGH SATURDAY 7 : 00 A.M.
TO 4 : 00 A.M. THE FOLLOWING MORNING, SUNDAY 1 : 00 PA
TO 4 : 00 A.M. THE FOLLOWING MORNING . THIS RESTRICTION/
DOES APPLY ' TO SALE OF OFF-PREMISES CONSUMPTION OF
BEER AND WINE. " j
9 � 7 SECTION 2 . ALL ORDINANCES OR PARTS OR ORDINANCES
a
6" IN CONFLICT HEREWITH ARE HEREBY REPEALED.
SECTION 3 . THIS ORDINANCE SHALL BECOME EFFECTIVE
gg NOVEMBER 1, 1974 .
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA THIS 3RD DAY OF SEPTEMBER, 1974.
l � MAYOR
ATTE'ST•: \ I
� FIRST READING 8/6/74
_ ) POSTED: 8/7/74
CITY 'CLERK SECOND READING : 9/3/74
ADVERTISED: 8/ 10/74
7„,„..,-AP OVED AS TO FORM:
rj�y r. YF9 NO AE73
Ja ;/ ;,�/0,
'CITY ATTORNEY
sktv,.ae}4
AMENDED ON 1ST READING }luaM
""AMENDED ON 2ND READING
II
ORDINANCE NO. 29-74
' AN-ORDINANCE AMENDING ORDINANCES NOS(224-74/AND
SALE, CONSUMPTION OR SERVICE
23 72� BY PERMITTING
0-17 BEER AND WINE BY ESTABLISHMENTS HOLDING STATE
ALCOHOLIC BEVERAGE LICENSES, ON Si INDAYS FROM
7:00 A. M. TO 1:00 P. M. ; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
• CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. Ordinances Nos. 24-74 and 23-72, pertaining to
alocholic beverages sale regulations are hereby amended by adding to
Section 1 thereof the following:
"However, it shall be lawful to sell, consume or serve beer
Of and wine in any place holding a license under the Division of
33, Beverages, between the hours of 7:00 a. m. and 1:00 p. m. ,
on Sundays "ce ,29 � /s 04,1 /i
SECTION 2. All other provisions, conditions and requirements of
Ordinance No. 24-74, Section 1, are hereby ratified.
SECTION 3. This Ordinance shall become effective as of November
1, 1974.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 15 day of oCToBER . 1974.
i
Mayor
Attest: ,
(-2
City. Clerk
A roved as to form:
FIRST READING; 9/17/74
POSTED : 9/18/74
ADVERTISED; 9/21/74
ity Attorney SECOND READING 10/15/74
INAMG YES NO A03
}AACLAY
NICHOLAS
EHAP.IF. _ _
SA'_VAO,GIO
THURIA
1r BY a4-1
ORDINANCE NO. 23-72 �� Z. i
���70\ 3 c. - 14
AN ORDINANCE REGULATING TIME OF OPERATION OF ESTA L!SHM€PITS j "i.9�
4) HOLDING STATE BEVERAGE LICENSE; REPEALING ORDINANCE NO. 6-62 " 1'112
AS AMENDED BY 6-A-63, 6-62-8, 8-67, 12-70, 8-71, 9-71; AND
15-71; AMENDING ORDINANCE NO. 11-72; PROVIDING PENALTY FOR VIOLA-
TION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, THE EXISTING ORDINANCE OF THE CITY OF CAPE CANAVERAL
REGULATING ESTABLISHMENTS DEALING IN ALCOHOLIC BEVERAGES HAS BEEN AMENDED
SUCH AS TO RENDER UNDERSTANDING OF THE CURRENT LAW DIFFICULT,
�► WHEREAS, THE AUTHORITY FOR MUNICIPALITIES TO ASSESS LICENSE
TAXES ON SAID ESTABLISHMENTS HAS BEEN ELIMINATED AND SUPERCEDED BY § 562.14,
FLORIDA STATUTES,
WHEREAS, THE REGULATION OF THE LOCATION OF SAID ESTABLISHMENTS IS
PROPERLY A ZONING FUNCTION,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AS FOLLOWS:
7 SECTION 1. TIME OF OPERATION OF ESTABLISHMENTS HOLDING STATE
BEVERAGE LICENSE REGULATED. PURSUANT TO § 562.14, FLORIDA STATUTES, THE
CITY OF CAPE CANAVERAL PROVIDES THAT ALCOHOLIC BEVERAGES MAY BE SOLD, CON-
SUMED OR SERVED OR PERMITTED TO BE SERVED OR CONSUMED, IN ANY PLACE HOLDING
A LICENSE UNDER THE DIVISION OF BEVERAGE, WITHOUT TIME LIMITATION EXCEPT
BETWEEN THE HOURS OF 6 O'CLOCK A.M. AND 1 O'CLOCK P.M. ON SUNDAYS OF EACH
WEEK. THERE SHALL BE NO LIMITATION ON SALE HOURS OF BEER AND WINE.
SECTION 2. EXISTING ORDINANCE REPEALED. ORDINANCE NO. 6-62 AS
AMENDED BY 6-A-63, 6-62-B, 8-67, 8-70, 12-70, 8-71, 9-71, AND 15-71 HEREBY
STANDS REPEALED.
SECTION 3. OCCUPATIONAL LICENSE CLASSIFICATION DELETED. ORDINANCE
NO. 11-72, SECTION 12, IS AMENDED BY DELETING THE CLASSIFICATION "VENDORS OF
INTOXICATING LIQUORS, BEER AND WINE."
SECTION 4. PENALTY FOR VIOLATION PROVIDED. ANY PERSON VIOLATING
ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL, UPON CONVICTION THEREOF, BE
SUBJECT TO A FINE NOT EXCEEDING THE SUM OF THREE HUNDRED ($300.00) DOLLARS
FOR EACH VIOLATION, OR BY IMPRISONMENT NOT TO EXCEED THIRTY (30) DAYS, OR BOTH,
FOR EACH SUCH VIOLATION.
NA UL / U ,
PAGE-1 —OF 2.•
-.__.
SECTION 5. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON
ITS ADOPTION BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA,
L_
THIS 5TH DAY OF DECEMBER 19 11111
A OR
ATTEST:
, '
CITY CLERK
FIRST READING: NOV. 21, 1972 '1°
POSTED: NOV. 22, 1972
,-APPROV D AS TO FORM: SECOND READING: DEC. 5, 1972
CITY ATTORNEY /
PAGE 2., OF
EMERGENCY ORDINANCE NO. 6-74
AN EMERGENCY ORDINANCE AMENDING ORDINANCE
NO. 23-72, AS AMENDED, BY EXTENDING CLOSING
HOURS OF ESTABLISHMENTS HOLDING STATE ALCOHOLIC
BEVERAGE LICENSES ON NEW YEAR'S EVE, DECEMBER 31,
1974; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. Ordinance No. 23-72, as amended, is hereby
amended, on a temporary basis only, as follows:
Establishments within the City of Cape Canaveral, Florida,
holding State Alcoholic Beverage Licenses, may remain open
all night on New Year's Eve, December 31 , 1974, and shall
not be required to close at 4:00 a. m. , January 1, 1975, as
provided in Ordinance No. 23-72, as amended. It is specific-
ally intended that this Emergency Ordinance pertains only to
New Year's Eve, and is not intended to extend the closing hours
of such establishments other than as provided herein.
SECTION 2. This Emergency Ordinance shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 17 day of DEOEMBER , 1974.
Ma
Attest: FIRST READING:
POSTED:
(2r,
ADVERTISED:
'�� SECOND READING:
City Clerk
Approved as to form:
it Attorney EifiE
AMES N AB9
J
L.A 1
NIC
RHA,',"
SALVACG'O' ✓ I o,
THURM_ .
00.) rti-'rl
, r 4l of' i.,. r+• F, n_ . . .. _ ., . .. ,.�✓ of r✓-gyp•-;
'•✓'l :� 'r.� �.. .i t"r n(. .�„ :�.-,-.,.7' ,fir 7.1 ,i.
It is h' _��_ r n^ :^.ir, _ �. " :i.
:2.;210:: i l )
th43 ( u pc , o i; ic., 0rdi.. n.: , a. J .}.Jr. S and their . n
;ianr1 of the 1951 F17ri a `_`t3t'it s.
rio:; (2) 1r ' .,
i:0 D r on shall fir; in thc l.i... ii'' .^, of ''?9`:ofact ri_n57, se1lilP
> >9
istri}iif:j.n �rtc?i n � C.^,3n1 or n•.r. ' so d 'a1" l
.�iT'•' in 8_,�, l'= l.r yp7 in 1Cf'.•r1rc, wines,
h-ers or other '. lrar. O'"1t?j?`y r"ore than oco n.;r cent of alcohol 0l lay
1 E. 'r i+ the-XC"l't 1";"._ . ,in:; n r.C^''•Ul' anr•� �T^ provisions
of this
S "rTIC'- (3) r:cc"r7.!"c" OF.
t this nn,`1n- ;.1 all t 1 j sh7,-r s
L L•, _L J 7.... `��' A �.
:� C' ii .O or ..°31. C7r 3�^i,r"^� c shall c^'T'o1.7.T try_'.tih
the *nl.l ow:i.n"r
'�• J ryl_ A ,..jt�'11' ^mt, .5�'..�11 I_ , :ot 1_... s hr''?n .00 \t
fro.— any oxisting
grounds.
. Sol rl .:.it:i r.�.LG�..."',lt', si 1.1 c� n ' t, less than 300f._
from any oxistinr:
n+; shall 1 h n —f 1 r
=� � ._.ss than 300 feces pro^ any exist—
":. i,ro'n.ds.
cl. ,,or a `'.?r:n' li -It: t,h 1-' feet
in a st,l'r'_a,i .-. lino fro.., �:�,� n.i"n.� t1 P' .,cb ._ ;'1 o.`..r,
nre—
I •
h:. 'Insanitary conrli ti_on nor shall
s. nt.1 itr `s:_. nor cha11 there
an,- , nF"
PAGE / OF Z
SECTION (5) INSPECTION OF PRE'!TSES BY CITY OFFICERS
Every establishment provided for in this Ordinance shall agree
that, as a condition to their being able to operate within the City
limits of Cape Canaveral, the premises shall be subject to inspection
11 or be searched by any police, health or sanitary officer of the City
at any time without a search warrant. Any licensee, agent, officer,
employee or person in charge of an establishment who refuse to admit
such City Officer or who hampers, hinders or interferes with any in-
1
spection or search made hereunder shall be subject to punishment as provid-
ed for in accordance with the applicable Ordinances and Florida Statutes.
SECTION (6) 'IUNICMPAL LICENSE TAX
No person shall engage in the business of dealing in alcoholic
beverages within the City limits of Cape Canaveral, unless they have paid
a license tax of 50% of the State and County license tax as provided for
in Chapter 561 of the 1961 Florida Statutes. Said license tax shall be
paid to the City on or before the 15th day of September of each year.
SECTION (7) PENALTY
Any person violating any provision of this Ordinance shall upon
conviction thereof, be punished as provided for in accordance with the
applicable Ordinances and Florida States.
This Ordinance shall be in full force and effect from and after its
passage, approval, recording, and publication as provided by law.
Ordinance `umber 6-62 passed and adopted by the Council of the
City of Cape Canaveral, on the clay of , 1962.
Approved this--19th day of September, 1962.
/s/ George G. Rogers
President of the City Council
/s/ R. A. Jamieson
i'ayor
Attest:
4
City Cle.r!:
POSTED TIHIS 26th SFPTE !BER 1967
I ) BE PIE!OVEI) 26 OCTO^EP 1962
CERTIFICATE
STATE OF FLORIDA
COUNTY OF B E VARD
i, the undersigned authority hereby certify that the foregoing
is a true and correct copy of the original of such instrument.
WITNESS my hand and official seal, this- day of A.D. 19 •
Notary Public
State of Florida at Large
AMENDED
crp 3-l i
ORDINANCE N?: - tj
•
AN ORDINANCE AMENDING ORDINANCE NO. 6-62 BY ORDINANCE
NO. 6A-63; REGULATING ESTABLISMENTS DEALING IN ALCO-
HOLIC BEVERAGES AS TO LOCATION AND SANITARY CONDITIONS
WITHIN THE CITY LIMITS OF CAPE CANAVERAL, FLORIDA, BY
ADOPTION OF THE EXCEPTIONS TO CERTAIN DISTANCE REQUIRE-
MENT; REPEALING PARAGRAPH d OF SECTION 3 OF ORDINANCE
NO. 6-62; PROVIDING AN EFFECTIVE DATE.
•
BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS :
SECTION 1 . Section (3) of Ordinance No. 6-62 as amended by
Ordinance No, 6A-63 is amended by the addition of two new paragraphs
designated "d" and "e" to read as follows:
d . Exceptions to distance requirement . Restaurants seat-
ing 200 or more, hotels and motels with 50 or more guess:
rooms, and approved shopping centers containing 10 or more
acres with 50% of planned construction completed are exempt
from distance requirements . **For on premises consumption
of liquors , the restaurant or cocktail lounge shall have a
building area of two thousand (2 ,000) sq. ft . and a sea_'_-;_^g
and feeding capacity of one hundred (100) patrons.
e. In applying distance requirements under this Section,
the said distance shall be measured following the shortest
route of ordinary pedestrian travel along the public thorou h-
fare from the main entrance of said places of business to the main entrance of the church; and in the case o:: a school ,
to the nearest point of the school grounds in use as a p, t
of the school facilities.
SECTION 2 . Paragraph d of Section 3 of Ordinance No. 6-62
is hereby repealed .
i
SECTION 3. Prior to the issuance of any license or pe
to any establishment dealing in alcoholic beverages as covered i•
Ordinance 6-62 and 6A-63 , a Public Hearing on the question of = -
ance of said permit or license is mandatory.
SECTION 4. This Ordinance shall become effective .Lr_
upon its adoption.
ADOPTED by the City Council of the City cf
Floride., on this day of ; . • , 1965.
/)
ATTEST: A)provc' ;s to : „_
- Cr% -
City Clerk'
City
___ 'r.�
First Reading: April 20, 1965
Second .,eading:
ill
PAGE l OF j '�''''
kE - ELED (541)
ORDINANCE NO. 8-67
AN ORDINANCE AMENDING ORDINANCE NO. 6-62 AS
AMENDED BY ORDINANCE NO. 6-62B AS AMENDED BY
ORDINANCE NO. 6A-63; REGULATING ESTABLISHMENTS
f DEALING IN ALCOHOLIC BEVERAGES AS TO LOCATION,_
SANITARY CONDITIONS, AND_HOURS OF SALE WITHIN
THE' CITY LIMITS OF CAPE CANAVERAL, FLORIDA, BY
ENLARGING THE HOURS OF SALE IN ESTABLISHMENTS;
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AS FOLLOWS:
Section 1 . Section (2A) of Ordinance Number 6A-63 is amended
to read as follows:
Section (2A) Hours of Sale
For the purpose of this Ordinance the hours of sale
hereby established and permitted covering the establishment
dealing in alcoholic beverages within the City Limits of the
City of Cape Canaveral will be as follows:
It shall be unlawful for any person to sell, consume,
or permit to be sold, served, or consumed, in any place within
the City of Cape Canaveral holding a license under the Beverage
Laws of the State of Florida, any alcoholic beverages between
the hours of 3: 00 o 'clock a.m. and 7: 00 o'clock a.m. on Mondays,
Tuesdays, Wednesdays, Thursdays, and Fridays; between the hours
of 5: 00 o'clock a.m, and 7: 00 o 'clock a.m. on Saturdays; between
the hours of 5: 00 o 'clock a.m. and 1: 00 o'clock p.m. on Sundays;
and between the hours of 3:00 o 'clock a.m. and 7:00 o'clock a.m.
on the following holidays: New Year ' s Day, Washington ' s Birthday,
Memorial Day, Independence Day (4th of July) , Labor Day, Veterans
Day, Thanksgiving Day, and Christmas Day.
Provided, however, it shall not be unlawful for any
person to sell, serve, consume or permit to be sold, served or
consumed, in any place within the City of Cape Canaveral holding
a license under the Beverage Laws of the State of Florida, any
beer, ale, or wine between the hours of 7: 00 o 'clock a.m. and
1: 00 o 'clock p.m. on Sundays.
•
PAGE 1 OF 2, T,''
section 2. This Ordinance shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, on the Sth day of December 1967.
..,'
.(01:1:4L4LIZ
2,--- ----.
Mayor
[ ATTEST:
(1 4/744?; eigw-,t4L-
k it Clerk
7
APPROVED AS TO FORM:
City Attorney
m M
1
1
1
ft
-2-
r% A 1-%r- 1'
EMERGENCY • •DINANCE NO. 31-75
AN " NCY ORDINANCE AMENDING ORDINANCE
NO. 23-72 , AS AMENDED, BY EXTENDING CLOSING
HOURS OF ESTABLISHMENTS HOLDING STATE
le)
ALCOHOLIC BEVERAGE LICENSES ON NEW YEAR'S
EVE, DECEMBER 31, 1975; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS :
1.
SECTION 1. Ordinance No. 23-72 , as amended, is
hereby amended, on a temporary basis only, as follows :
4
Establishments within the City of Cape Canaveral,
Florida, holding State Alcoholic Beverage Licenses,
may remain open all night on New Year' s Eve,
December 31, 1975, and shall not be required to
close at 4 : 00 A.M. , January 1 , 1976, as provided
in Ordinance No. 23-72 , as amended. It is specific-
ally intended that this Emergency Ordinance pertains
only to New Year' s Eve, and is not intended to extend
the closing hours of such establishments other than
as provided herein.
SECTION 2 . This Emergency Ordinance shall become
effective immediately upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, this lEth day of December, 1975.
Mayor Pro tem->----N
mo
ATTEST:
NAME 111 NO ASS
a(--17.
'' �,, MAC1- _ -'-'-.�- d r F--7.z., OLA3 \
N1CH_----- --
City Cle
{2}tAME .
APPROVED AS TO FORM: gALVAGGIQI
THURM 1
, ,/'/ ' : ''' ' '/"'
J ity Attorney
R Ei�ELED
ORDINANCE N . 8-6
AN ORDINANCE AMENDING ORDINANCE NO. 6-62 AS
AMENDED BY ORDINANCE Pp A- -9R AS AMENDED BY
ORDINANCE NO. 6A-63; REGULATING ESTABLISHMENTS
DEALING IN ALCOHOLIC BEVERAGES AS TO LOCATION,
SANITARY CONDITIONS, AND HOURS OF SALE WITHIN
THE CITY LIMITS OF CAPE CANAVERAL, FLORIDA, BY
ENLARGING THE HOURS OF SALE IN ESTABLISHMENTS;
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AS FOLLOWS:
Section 1. Section (2A) of Ordinance Number 6A-63 is amended
to read as follows:
Section (2A) Hours of Sale
For the purpose of this Ordinance the hours of sale
hereby established and permitted covering the establishment
dealing in alcoholic beverages within the City Limits of the
City of Cape Canaveral will be as follows:
It shall be unlawful for any person to sell, consume,
or permit to be sold, served, or consumed, in any place within
the City of Cape Canaveral holding a license under the Beverage
Laws of the State of Florida, any alcoholic beverages between
the hours of 3: 00 o 'clock a.m. and 7: 00 o 'clock a.m. on Mondays,
Tuesdays, Wednesdays, Thursdays, and Fridays; between the hours
of 5: 00 o'clock a.m. and 7: 00 o 'clock a.m. on Saturdays; between
the hours of 5: 00 o'clock a.m. and 1: 00 o'clock p.m. on Sundays;
and between the hours of 3: 00 o 'clock a.m. and 7: 00 o'clock a.m.
on the following holidays: New Year ' s Day, Washington ' s Birthday,
Memorial Day, Independence Day (4th of July) , Labor Day, Veterans
Day, Thanksgiving Day, and Christmas Day.
Provided, however, it shall not be unlawful for any
person to sell, serve, consume or permit to be sold, served or
trffi
consumed, in any place within the City of Cape Canaveral holding
a license under the Beverage Laws of the State of Florida, any
beer, ale, or wine between the hours of 7: 00 o'clock a.m. and
1: 00 o'clock p.m. on Sundays.
PAGE / OF 2, �r
- '
Section 2. This Ordinance shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, on the 5th day of December 1967 .
."'
Mayor
ATTEST: • .
(
Ikkie- /1417,erdte*e ' --44.1,a
t:cfil.t/: Clert
APPROVED AS TO FOAM:
City Attorney
, ..t
-2-
n 14 r,r "1 rl
•
JI1 .
OIITINANCE NO. 5-75
AN ORDINANCE AMENDING ORDINANCE NO. 12-4A, .
AMENDED, BY AMENDING PRINCIPAL USES IN_C•1
DISTRICT, T-1 DISTRICT, AND M-1 DISTRICT BY DELETING
DRINKING ESTABLISHMENTS AS A PRINCIPAL USE, AND BY
PROVIDING FOR A SPECIAL EXCEPTION FOR ESTABLISH-
• MENTS DISPENSING ALCOHOLIC BEVERAGES; BY DELETING
DRINKING ESTABLISHMENTS AS AN ACCESSORY USE IN THE
R-3 DISTRICT; BY PROVIDING THAT ESTABLISHMENTS
DISPENSING ALCOHOLIC BEVERAGES, WHEN OPERATED
wITT-ITN A SINGLE COMPLEX OF 35 OR MORE UNITS, MAY
. APPLY FOR A SPECIAL EXCEPTION IN THE R-3 DISTRICT;
BY DELETING SUPPLEMENTARY DISTRICT REGULATION
PROVISIONS REGARDING LOCATION OF BUSIN2SS LICENSED
BY THE FLORIDA BEVERAGE DEPARTMENT CONTROL; BY
PROVIDING STANDA..RDS FOR SPECIAL EXCEPTION }3Y' BOARD
OF ADJUSTMENT FOR ESTABLISHMENTS SERVING ALCOHOLIC
BEVERAGES; REPEALING ALL ORDIM.RNCES OR PARTS THERE-
OF IN CONFLICT HEREWITH; PROVIDING:AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of.
Cape Canaveral , Florida, as follows :
SECTION 1 . Ordivance No . 12-71 , as amended , is
hereby further amended as follows :
(1) Sub-paragraph f . of paragraph 1. Principal
Uses and Structures , of the C-1 District , is deleted in its
• entirety, and the following new sub-paragraph substituted ,.
therefor': -
"1.f. Eating eatablishment::. ;"
(2) The following new sub-paragraph shall be add
• to paragraph
3. jecial Exceptions Permissible_by Board of Adjustment ,
of the C-1 District :
"3.j . Establishments dispensing alcoholic beverbg,
(3) Sub-paragraph b . of paragraph 1. Principal
Uses and Structures , of the T-1 District , is deleted in .tfr
entirety, and the following new sub-paragraph stabs tituted
therefor :
"l.b. Eating establishments , provided, however ,
that in no case shall there be a seating
capacity of less than 200 ;"
(4) The following new sub-paragraph shall be add
to paragraph 3 ..
Special Exceptions Permissible by Board of Adjustment, , of t
T-1 District : • -
"3.g. Establishments dispensing alcoholic bever
(5) Sub-paragraph d . of paragraph I. Principal
and Structures , of the M-1 District , is hereby deleted in m
its entirety, and the following new sub-paragraph substitut
therefor :
"l .d . Eating establishments . "
(6) The following new sub-paragraphs shall be <+d
to paragraph 3 .
1
Special Exceptions Permissible by Board of Adjustment , of
the M-1 District :
"3. e. Establishments dispensing alcoholic beverages."
(7) Sub-paragraph a. of paragraph 2 . Accessory
Uses and Structures, of the R-3 District , is hereby deleted in
its entirety , and the following new sub-paragraph substituted
f therefor :
"2.a. Limited retail aad service establishments
when operated within a single complex of 35
or more units , including drug and sundry shops ,
confectionary and coffee shops ; nawsatands ;
personal services ; delicatessens ; eating
• establishments ; laundry and dry cleaning pickup
stations and laundromats and similar user ,
provided that no commercial display is via big°
from outside a principal building . Such
accessory use shall not exceed five (5)
percent of the gross floor area of a .principal
use."
(8) The following new sub-paragraph shall be
added to paragraph
3. Special Exceptions Permissible by Board of Adjustment , of
the R-3 District :
"3 .e. Establishments dispensing alcoholic beverages ,
when operated witbin a single complex of 35
of more units . "
(9) Paragraph 20. Location of Business Licensed
by the Florida Beverage Department Controlled , and paragraph 21.
Restaurant or Cocktail Lounges Size and SeatSeatimg Controlled in
Allowing On-Premise Consumption of Liquors of Section XII . '
SUPPLEMENTARY DISTRICT RECULATIONS are hereby deleted it their
entirety.
' (10) Section XV. BOARD OF ADJUSTMENTS : POWERS
11
AND DUTIES is hereby amended as follows :
1
•
Paragraph 2 .. Special ^xcepLions: Conditions Govel:ni
Applications ; Procedure:; shall be renumbered peragl:•aph 2A.
is further amended by the addition of the following new sub-
paragraph to paragraph 2 :
"2B . Establishments Serving Alcoholic Beverages
Establishments which shall require a Special Exceptio
by the Board of Adjustment are those licensed by the
Florida Beverage Department for the purpose of
permitting the dispensing of alcoholic beverages ,
whether for on-premises consumption or for package r
retail salec:. In consideration of a Special Except'
application, the Board of Adjustment shall not appro
the application unless it is totally consistent with
all of the conditions es set forth above, cuki also
the following conditions :
(.1) The es :ablishnent shall not be within three
hundred (300) feet of any existing church, sch
grcuntw or playgrounds ; measurement shall be
made from tha main entrance of the escablishmef
to .the closest lot line of the church, school
grounds or playgrounds by following the shoe to
route to ordinary pedestrian travel along
the public thoroughfares street or road.
(2) The establishment of a vendor licensed by the
Florida Beverage Department permitting on-
premise consumption of beverages shall not
be located within two thousand (2 , 000) feet
of another establishment sc licensed : The
specific distance shall he measured following
the shortest route to ordinary pedestrian tray
along the public thoroughfare , street or a oad
from the main entrance of the establishment
to the main entrance of another establishment (,
similarly licensed by the Florida Beverage
Department .
(3) Package retail sales of alcoholic beverages
for carryout shall comply with 2 . B(1) , (4)
and (5) ; 2.D and E, and 2„ C (3) (a) hereof
only.
(4) Parking : Or..t (1) parking space shall be
provided for Each three (3) seats or seating
places ; all seats or seating places , whether
located within a restaurant area or a bar/lou7
area, will be included in the calculation of
the required number of parking spaces .
Package retail sales establishments -shall
provide parking as determined by the Building
Official of the City of Cape Canaveral, who sh
use the ratios established in Section IX.
3
1
(5) Each application for a Special Exception
shall be accompanied by a vicinity map ,
a site plan map and a building floor plan .
Theawleicinity map shall be drawn at a scale
of 1" = 400' and shall indicate the following
information :
(a) The outer boundary of the vicinity map
shall be at least 2 , 500 feet from the
certroid of the proposed establishment ' s
property.
• (b) Location of all existing public
1-1. streets between the proposed establishment
and other establishments and land uses
as described in eub—paragraphs (1) and
1 (2) .
Iii .
• (c) Location of all existing churches , school
grounds, or playgrounds which are within
the vicinity map area with specific..
distance(s) to the proposed establishment
. affixed per. sub—paragraph (1 ) .
. (d) Location of all establishments :Licensed
•
• by the Plot i.da Beverage. Department
• (including package retail sales) , which
• • • are within the required vicinity map
area iitb specific distance (s) to the
proposed establishment affixed per sub--
paragraph (2) .
(e) - Existing zoning for all properties within
300 feet to the property of the
proposed establishment shall be indicated.
The site plan map shall be drawn at a scale not
less than 1" .. 100' and shall indicate the
following information:.
(a) Location and dimension of the proposed
establishment ' s property lines , all.
existing and proposed structures ,
driveways , parking spaces and ingress/eFre:
points.
(b) The following information shall ee
presented in tabulated form :
— number of parking spaces
• — number of restaurant seats
,, — number-of bar/lounge seats
41 — building area
4 _ lot areame -
The building floor plan shall be of a scale
of not less than 1/8" = 1 ' and shall detail
room layouts and exits .
2C . Exceptions to the requirement of paragraph 2B (2'
are :
(1) Restaurants seating 200 or more ;
(2) Hotels and motels with 50 or more
guest rooms and
(3) Restaurants licensed by the Florida Bevera
Department for malt beverages only or malt
beverages and/or wine only , provided the
following conditions are complied with :
4
(a) Seating capacity of the establishment
shall be at least fifty (50) or more
for restaurant purposes only ; no
area within the establishment may be
to- specifically designed for a bar/lounge
operation;
(b) Wine or malt beverages shall be
served with meals only;
(c) Consumption of food and malt
beverages or wine shall be on--premise.
only; however, food carryout without
said alcoholic beverages may be
permitted;
(d) Fifty percent (50%) or more of
income shall be from the on-premise
• consumption of food ; periodic sworn
statements accompanied by appropriate
sales records shall be submitted to the City Clerk, at time periods
and in a form set by the. Board of
Adjustment , verifying the major source
of income is consistent with the re-
quirementa of this para.graph;,
(e) Sale or consumption, of malt beverages
,.; and/or wine shall be limited to the
time period between 7 :00 A.H. and 12 :00
midnight, consecutively.
f2D The Special Exception may be subject to
cancellation by the Board of Adjustment if
the Board finds that the establishment has
been deleterious to the health, safety,
welfare and morals of the public and that all
laws pertaining to the establishment ' s
operation have not been complied with.
•' 2E. The Special Exception shall be limited to
apply to the licensee listed by the Florida
Beverage Department only. •
2F. For on-premise consumption of liquors ,
restaurants or cocktail lounges 'shall have
a minimum building area of two thousand (2 ,00O
square feet and a seating capacity of one
hundred (100) patrons. ,. #'
SECTION 2. Al]. ordinances or resolutions or
parts thereof, in conflict herewith, are hereby repealed.
SECTION 3., This Ordinance shall become effective
immediately upon its adoption by the City Council of the Cit
of Cape Canaveral , Florida.
5
ADOPTED by the City Council of the City of Cape
Canaveral , Florida , thi.§ lstday of April ,
1975.
'
fi
.�
' '� ----
�` Attest : .��/j
• t'„
(1):Zr L
1{ •( CITY CUR .
t NAME YES NO ABS
•
){)►/ FprOVe4 {as to form:
MACLAY l`C
m c,+o_N s I
/
C 'TY TORNEY X
FIRST READING : MARCH 18 , 1975
POSTED : MARCH 5 , 1975
ADVERTISED :
SECOND READING . APRIL 1 MARCH ' 1971975 5
6
` ORDINANCE NO. 19-79 J144
id AN ORDINANCE AMENDING CHAPTER 733 OF THE CODE l'''''/ .
OF THE CITY OF CAPE CANAVERAL, FLORIDA, ALCOHOLIC
) $ BEVERAGE SALE REGULATIONS, BY PROHIBITING CERTAIN
g TYPES OF CONDUCT COMMONLY KNOWN AS TOPLESS OR
BOTTOMLESS PERFORMANCES WITHIN ESTABLISHMENTS
LICENSED TO SELL ALCOHOLIC BEVERAGES ; BY PROVIDING
FOR PENALTIES ; BY PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, as follows :
c
SECTION 1 . Chapter 733 of the Code of the City of Cape
Canaveral , Florida, Alcoholic Beverage Sale Regulations , is
amended by adding thereto a new section to be numbered
Section 733 . 05 to read as follows :
Sec. 733 . 05 Nudity on Premises where Alcoholic Beverages
are offered for sale.
(a) It shall be unlawful for any person maintaining,
owning, or operating a commercial establishment located
within the City of Cape Canaveral , Florida, at which
alcoholic beverages are offered for sale for consumption
on the premises : •
(1) To suffer or permit any female person, while
an the- premises of said commercial establishment,
to- expose- to the public viewthat area of the
human breast at or below the areola thereof.
(2) To suffer or permit any female person, while
on the premises of said commercial establishment
to/employ any device or covering which is intended
to give the appearance of or simulate such portions
of the human female breast as described is sub-
section (a) (1) .
(3) To suffer or permit any person, while on the
premises of said commercial establishment to
expose to public view his or her genitals , pubic
area, buttocks , anus or anal cleft or cleavage.
(4) To suffer or permit any person, while on the
premises of said commercial establishment, to
employ any device or covering which is intended
to give the appearance of or simulate the genitals ,
pubic area, buttocks , anus , anal cleft or cleavage.
(b) It shall be unlawful for any female person, while
on the premises of a commercial establishment located
within the City of Cape Canaveral , Florida, at which
alcoholic beverages are offered for sale for consumption
on the premises , to expose to public view that area of the
human female breast at or below the areola thereof, or to
employ any device or covering which is intended to give
the appearance or simulate such areas of the female breast
as described herein.
vv
(c) It shall be unlawful for any person, while
on the premises of a commercial establishment located
within the City of Cape Canaveral , Florida, at which
alcoholic beverages are offered for sale for consumption
on the premises, to expose to public view his or her
genitals , pubic area, buttocks , anus or anal cleft or
cleavage, or to employ any device or covering which is
intended to give the appearance of or simulate the
genitals , pubic area, buttocks , anus or anal cleft or
cleavage.
(d) Any person who shall violate any provision of
this Section shall be guilty of an offense against the
City punishable as provided in Sec. 801 . 02 of Code of
,Or)
the City of Cape Canaveral, Florida.
/ 5\g" SECTIONvtl If any provision of this ordinance , or its
W 9, application to any person or circumstances , shall be held
invalid, the remainder of the ordinance, or the application
of the provision to other persons or circumstances , shall
not be affected.
' ?. SECTION O 1If the owner, operator, lessor, lessee,
manager, employee or any other person participating in the
operation of a commercial establishment located within the
City of Cape Canaveral at which alcoholic beverages are
offered for a —for---eLi nsuuipti€lMin•--thee--=premises_ shall be -
convicted of any of the offenses designated in Sec . 733. 05 (a)
as set forth in Section 1 hereof, then the City Treasurer
shall revoke the occupational license for said establishment
after giving a reasonable notice thereof to the holder of
said license and affording the holder an opportunity to be
heard as to why the revocation should not be issued.'
SECTION 4. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral ,
Florida this 4 day of December , 1979.
Nf
, May
, I t 1\
) IAttest: ,
NAME YES NO
111"1)Cit Cl CALVERT
/
Appr ed as to form: LEE }(
MURPHY g
RUTHERFOF o7�1
c„.24'
i y Attorney FIRST READING: 11-20-79
POSTED: 11-21-79
ADVERTISED: 11-26-79
SECOND READING: 12-4-79
ORDINANCE NO. 19-79
PAGE 2 OF 2
ORDINANCE NO. 2.; JCS
AN ORDINANCE AMENDING CHAPTER 733, CODE OF THE
CITY OF CAPE CANAVERAL, BY EXTE�3ING CLOSING
HOURS OF ESTABLISHMENTS LICENSED BY DIVISION OF
BEVERAGE, ON NEW YEAR'S EVE, DECEMBER 31; BY
REPEALING ALL ORDINANCES OR SECTIONS OF THE CITY
CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
Mk BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
ote
SECTION 1. Chapter. 733 of the Code of the City of Cape Canaveral,
Florida, is hereby amended by the addition of the following section:
"Section 733. 02 E ception for New Year' s Eve
Establishments within the City of Cape Canaveral, Florida,
i licensed by the Division of Beverage, may remain open all
night on New Year's Eve, December 31st, and shall not be
` required to close at 4:00 a. m. , January 1st, as provided in
Section 733. 01. "
SECTION 2. All ordinances or parts thereof, or sections of the
Code of the City of Cape Canaveral, Florida, in conflict herewith, are
hereby repealed.
SECTION 3. This ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida,
this 21st day of December, 1976 .
Ma or-P,vf.- Tfi.
At eRt:
,---A, I 'J '4 E: \------77
MOS t1 /) 'it, t -
ty erk k
i
/ � V ed as to form: i
ity Attorney
• - 12-7--76
12-8-76
12-12-76
12-21-76
EMERGENCY ORDINANCE NO. 31-75
AN EMERGENCY ORDINANCE AMENDING ORDINANCE
NO. 23-72 , AS AMENDED, BY EXTENDING CLOSING
HOURS OF ESTABLISHMENTS HOLDING STATE
ALCOHOLIC BEVERAGE LICENSES ON P'EW YEAR'S
EVE, DECEMBER 31, 1975 ; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
a
SECTION 1. Ordinance No. 23-72 , as amended , is
hereby amended, on a temporary basis only, as follows :
Establishments within the City of Cape Canaveral,
Florida, holding State Alcoholic Beverage Licenses,
may remain open all night on New Year' s Eve,
December 31, 1975, and shall not be required to
close at 4 : 00 A.M. , January 1, 1976, as provided
in Ordinance No. 23-72 , as amended. It is specific-
ally intended that this Emergency Ordinance pertains
only to New Year ' s Eve, and is not intended to extend
the closing hours of such establishments other than
as provided herein.
SECTION 2 . This Emergency Ordinance shall become
effective immediately upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, this 16th day of December, 1975.
—
Mayor Pro tem - N
.o
ATTEST:
11:No ABS
Ca.
MACLAY_ _ NICHOLAS ---
City Cle v
RHAME _ _l1
APPROVED AS TO FORM: BALVAGGIO \)N_
THURM '
ter_
City Attorney
r G 2 ORDINANCE NO. 7-83
D7
�Cv) AN ORDINANCE AMENDING CHAPTER 733 "ALCOHOLIC
� BEVERAGE SALE REGULATIONS" OF THE CITY CODE
OF THE CITY OF CAPE CANAVERAL, FLORIDA BY
DELETING SECTIONS 733 .01 AND 733 .02 IN THEIR
ENTIRETY AND ESTABLISHING SECTION 733 .01 "TIME
OF OPERATION OF ESTABLISHMENTS HOLDING STATE
BEVERAGE LICENSE REGULATED" ; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE .
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows :
SECTION 1. Section 733 .02 "Sunday Regulations" is hereby
deleted in its entirety.
SECTION 2. Section 733 .01 "Time of Operation of Estab-
lishments Holding State Beverage Licenses Regulated" is hereby
deleted in its entirety and replaced with the following:
Section 733 .01 Time of Operation of Establishments
Holding State Beverage License Regulated. Alcoholic
beverages may be sold, consumed or served in any place
holding a license under the Division of Beverages
between the following hours: Monday through Saturday
7:00AM to 4:00AM the following morning; Sunday 1:00PM
to 4 :00AM the following morning. Additionally, beer
and wine may be sold, consumed or served at any place
holding a license under the Division of Beverages on
Sundays from 7 : 00AM to 1:00PM.
SECTION 3 . All portions of the code in conflict herewith
are hereby repealed.
SECTION 4 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 19th day of April , 1983 .
C';1 1
Ma or
• I
'Attest:; i
First Reading April 5, 1983
Posted: April 6 , 1983
Advertised:' April 11, 1983
City ,Clerk Second Reading: April 19, 1983
Approved as to Form:
NAME YES1 NO
I
CALVERT X
HARRIS I X I_✓ NICHOLAS 1 X 1
C . t A rney RUTHERFORD X I _
X
WINCHESTER I 1
c1+-A P. "733
ORDINANCE s. 23-72
//e
/
AN ORDI1 , CE REGULATI TIME OF OPERATION ESTABLISHMENT
HOLDING STATE BEVERA�` LICENSE; REPEALI 'ORDINANCE NO. -62
AS NDED BY 6-A-6' , 6-62-B, 8-67, 1 '70, 8-71, 9-71 AND
15- ' ; AMENDING ORDINANCE NO. 11-72 PROVIDING PENALV FOR VIOLA-
T 4N; PROVIDING/AN EFFECTIVE DATE ;,
/
WHEREAS, T EXISTING ORDINANCE OF THE CITY OF CAPE CANAV L
REGU *TING ESTAB SHMENTS DEALING IN ALCOHOLIC BEVERAGES HAS BEEIM AMENDED
/ S . H AS TO RENbER UNDERSTANDING OF THE CURRENT LAW DIFFICULT.;
I
WHEREAS, THE AUTHORITY FOR MUNICI'PALITIES TO ASSESS LICENSE
TAXES ON SAID ESTABLISHMENTS HAS BEEN ,NLrMINATED AND SUPERCEDED BY 562.14,
FLORIDA STATUTES, ,
j
WHEREAS, THE REGULATION OF THE LOCATION OF SAID ES ABLISHMENTS
PROPERLY A ZONING FUNCTION,
BE IT ORDAINED Y THE CITY CO, CIL OF THE CITY OF CAPE CANAVERAL,
F •' 0s AS FOL •• •
St •733.01
SCCTION 1. TIME OF OPERATION OF ESTABLISHMENTS HOLDING STATE
BEVERAGE LICENSE REGULATED. PURSUANT TO § 562.14, FLORIDA STATUTES, THE
CITY OF CAPE CANAVERAL PROVIDES THAT ALCOHOLIC BEVERAGES MAY BE SOLD, CON-
SUMED OR SERVED OR PERMITTED TO BE SERVED OR CONSUMED, IN ANY PLACE HOLDING
A LICENSE UNDER THE DIVISION OF BEVERAGE, WITHOUT TIME LIMITATION EXCEPT
BETWEEN THE HOURS OF 6 O'CLOCK A.M. AND 1 O'CLOCK P.M. ON SUNDAYS OF EACH
WEEK. THERE SHALL BE NO LIMITATION ON SALE HOURS OF BEER AND WINE.
[drJ.!Jo• Z 3-7 2, S 1., S bet. .972
mewelmg.2. TarpIiiiMMiOaDDINANCE REPEALED. ORDINANCE NO. 6-62 AS
AMENDED- W 6-A-63, 6-62-B, R47_ 2-7( . „Aa, .9 73) 9-71, AND 15-71 HEREBY
STANDS REPEALED.
SEcrmilw"!" OCCUPATIONAL LieemsE CLASSIFICATION DELETED. ORDINANCE
NO. 11-72, SECTION 12, IS AMENDED BY DELETING THE CLASSIFICATION "VENDORS OF,
INTOXICATING LIQUORS, BEER AND WINE."
sec. 733.02
TION 4. PENALTY FOR VIOLATION PROVIDED. ANY PERSON VIOLATING
ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL, UPON CONVICTION TIMCnI u, BE
PvNsSI►et, AS Dramo•DeA I►+ ' got, 0a. 110.4410. Z3-72, S 4, sbec. '9723
SUBJECT TO A FINE NOT EXCEEDING THE SUM OF THREE HUNDRED ($300.00) Dorm!,
FOR EACH VIOLATION, OR BY IMPRISONMENT NOT TO EXCEED THIRTY (30) DAYS, OR BOTH,
FOR EACH SUCH VIOLATION.
PAGE 1 OF 2
T.
SECTION 5. THIS ORDINANCE SHALL BECOME ,E'FFECTIVE TMMEDIATELY UPON/
ITS ADOPTION BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA.
ADOPTED BY THE CITY COUNCILCI OF THE CITY OF CAPE CANAVERAL, FLORIDA,
THIS 5TH DAY 72
,>OF DECEMBER 19 .
(I)%fi"
C ,
MTOR
VV
ATTEST:
CITY CLERK
FIRST READING: NOV. 21/ 1972
POSTED: NOV. 22, 19733, `
/�APPROV D AS TO FORM: SECOND READING: D 5, 1972
CITY ATTORNEY /
p h me ne