HomeMy WebLinkAboutOrdinance No. 03-2006ORDINANCE NO. 03 -2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA; AMENDING CHAPTER 110, ARTICLE IV,
DIVISION 2, REGARDING ALCOHOLIC BEVERAGES;
PROVIDING FOR PATRONS OF RESTAURANTS LICENSER
TO SELL ALCOHOLIC BEVERAGES TO REMOVE ONE
UNSEALED BOTTLE OF WINE FROM THE PREMISES IF
PURCHASED AND PARTIALLY CONSUMED WITH A FULL
COURSE MEAL; PROVIDING FOR THE ISSUANCE OF
TEMPORARY ALCOHOLIC BEVERAGE PERMITS FOR
CERTAIN CONVENTION HALLS, COLISEUMS, AND
SIMILAR TYPE BUILDINGS, AS WELL AS FOR CERTAIN
NONPROFIT CIVIC ORGANIZATIONS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VII1, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council and Planning and Zoning Hoard, as part of a comprehensive
review of the City's Code of ordinances, has reviewed Chapter 110, Zoning, and determined on
February 21, 2006, that revisions are required to clarify Chapter 110 with regard to alcoholic
beverages; and
WHEREAS, section 564.09, Florida Statutes, allows for patrons of restaurants licensed to
sell wine on the premises to remove one unsealed bottle of wine for consumption off the premises
if certain requirements are net; and
WHEREAS, sections 561.421 and 561.422, Florida Statutes, allow for the temporary
issuance of permits for on- premises consumption of alcoholic beverages for certain convention halls,
coliseums, and similar type buildings, as well as for certain nonprofit civic organizations; and
WHEREAS, the City Council desires to amend Chapter 110 of the City Code with regard
to alcoholic beverages in order to make its code consistent with Florida law; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
City of Cape Canaveral
Ordinance No. 03 -2006
Page 1 of 5
Section I. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and
type indicates deletions, while asterisks (* * *) indicate a deletion from this ordinance of text
existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set
forth in this ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 110. ZONING
ARTICLE IV. SPECIAL EXCEPTIONS
DIVISION 2. ALCOHOLIC BEVERAGES
Sec. 110 -171. Establishments serving alcoholic beverages.
(a) Establishments which shall require a special exception under this chapter by the
board of adjustment are those, whether or not licensed by the state Department of Business
and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which dispense,
sell, serve, store or permit consumption on the premises of alcoholic beverages. In
consideration of a special exception application, the board of adjustment shall not approve
the application unless it is totally consistent with all the conditions as set forth in this section
and also the following:
(2) The establishment, if licensed by the state division of alcoholic beverages and
tobacco to permit on- premises consumption of beverages, shall not be located within
2,000 feet of another licensed establishment. The distance shall be measured as the
shortest linear distance between the property line of the establishment which
proposes to provide for the sale and consumption of alcoholic beverages and the
property line of any establishment which currently provides for the sale and
consumption of alcoholic beverages. Further, the establishment shall be in
compliance with the Florida beverages laws (F.S. chs. 561 through 568). Provided,
however, exceptions to this subsection 110- 171)(a)(2) are:
City of Cape Canaveral
Ordinance No. 03 -2006
Page 2 of 5
(c) Restaurants licensed by the state division of alcoholic beverages and
tobacco for malt beverages only or malt beverages and wine only, provided
the following are complied with:
(2) Consumption of food and malt beverages M VVITIC shall be on
SRI F%FQIq 1.1*
premises only; however, food carryout without the
Malt beverages may be permitted. Further, in accordance
with Florida law, one unsealed bottle of wine may be removed for
consumption off premises if purchased and T)artially consumed with
a full course meal consisting of a salad or vegetable, entree, a
bevera e and bread. A artiall consumed bottle of wine to be
removed from the premises must be securer resealed by the licensee
or its _employees before removal from the premises and shall be
placed in a bag or other container that is secured in such a manner
that it is visibly apparent if the container has been subsequently
opened or tampered with. A dated receipt for the bottle of wine and
full course meal shall be provided by the licensee and attached to the
w r. rwr r.F. w. � w .r wr w. .. ..rT•r ire rr • i. i
container. If transported in a motor vehicle, the container with the
resealed bottle of wine must be Tlaced in a locked love
compartment, a locked trunk, -or the area behind the last upright seat
of a motor vehicle that is note ui ed with a trunk.
See, 110 - 172. Temporary Alcoholic Beverage Permits.
Caj Upon approval of the cit y manager or the cit y many er' s designee and recei t of
approm Cit y - permits , Division of Alcoholic Beverages and Tobacco may issue
temporM p ermits without a special excep for the on-premises consumption of alcoholic
beverages for the following:
W Conventions. In convention halls, coliseums, and similar type buildings
where there is an existin beverage license the director of the Division of Alcoholic
Beverages and Tobacco ma in his or her discretion issue a ermit for not more than
five 5 calendar days for the diMl4y by manufacturers or distributors of roducts
licensed under the provisions of cha tens 561 throw h 568 Florida Statutes and ma
authorize consumption of such beverazes on the premises only.
Nonprofit civic organizations. The director of the Division of Alcoholic
Beverages and Tobacco may issue a„ permit authorizing a bona fide nonprofit civic
organization to sell alcoholic beverages for consumption on the premises only, for
City of Cape Canaveral
Ordinance No. 03 -2006
Page 3 of 5
a period not to exceed three 3 da s. All net pr fits from sales of alcoholic
beverages collected during _the permitperiod must be retained by the nonprofit civic
organization. Any such civic organization may be issued only -three (3) such permits
per calendar year.
Any person or entity issued a temporary alcoholic beverage permit pursuant to this
section shall be subject to the provisions of Chapter 6 of the city code, Alcoholic Beverages,
as amended from time to time, includin2 but not limited to, hours of operation and nudity
on the premises.
Secs. ll0- 1723 -- 110 -190. Reserved.
Section 3. Repeal of Prior Inconsistent ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severahility. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section G. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
{Adoption Page Follows}
City of Cape Canaveral
Ordinance No. 03 -2006
Page 4 of 5
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20" day of J q,
f }
Y� ROCKY RANDELS, Mayor
ATTEST: For Agai nst
Burt Bruns Second
Bob Hoog x
Leo Nicholas x
w a
SUSAN 5 II.,L , C. CA ier k Rocky Rande is x
Buzz Petsos Motion
First Reading: June 6, 2006
Legal Ad published: June 10, 2006
Second Reading: June 20, 2006
Approve aL al form and sufficiency for
the C i anavera l only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 03 -2006
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