HomeMy WebLinkAboutOrdinance No. 09-2003 f
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ORDINANCE NO 09 -2003
(re AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, I
FLORIDA, AMENDING SECTION 110 -171 OF THE CITY
CODE; PROVIDING FOR FILING REQUIREMENTS;
PROVIDING FOR THE CLARIFICATION OF CODE 1
REQUIREMENTS; PROVIDING FOR THE REPEAL OF i
PRIOR CONFLICTING ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION
INTO THE CODE; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by t
law; and 1
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WHEREAS, the City desires to clarify and correct the requirements for obtaining and
maintaining a special exception for the sale and consumption of alcoholic beverages; 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. i
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BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
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County, Florida as follows:
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Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by f
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral. i
Section 2. Code Amendment. That Section 110 -171 of the Code of Ordinances, City of
Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance
of text existing in Section 110 -171. It is intended that the text in Sections 110 -171 denoted by
the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance). r
Sec. 110 -171. Establishments serving alcoholic beverages.
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(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, i t
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 subsection and also the following:
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City of Cape Canaveral
Ordinance No. 09 -2003 i
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(3) Package retail sales of alcoholic beverages for carryout, except for beer and wine
sales, shall comply with subsections (a)(1), (aX2)c.5., (a)(4), (a)(5)a.3. and (a)(5)a.5. of
this section only.
* * *
(5) Each application for a special exception shall be accompanied by a vicinity map, a
site plan map and a building floor plan.
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c. The building floor plan shall be of a scale appropriate for the
establishment, but in no case shall the scale be of not less than one - eighth (1/8)
inch equals one (1) foot inch and shall detail room layouts and exits.
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.
Section 5. Severability. 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 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
[Adoption next page] a =
City of Cape Canaveral
Ordinance No. 09 -2003
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 6 day of
May, 2003.
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ROCKY RAND LS, Mayor
ATTEST: For Against
Bob Hoog Motion
Jim Morgan X
_ , ! Buzz Petsos Second
SUSAN TILL , City Clerk Rocky Randels X
Richard Treverton X
First Reading, 4/15/03 <F
Legal Ad published: 4/26/03
Second Reading: 5/6/03
Approved as to legal form and sufficiency for
the City • . pe Canaveral only:
Ce ANTHONY A. GARGANESE, City Attorney t'
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City of Cape Canaveral
Ordinance No. 09 -2003
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