HomeMy WebLinkAboutOrdinance No. 23-1972MICROFILMED 344 -80
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ORDINANCE NO. 23 -72 RD, # s6-
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AN ORDINANCE REGULATING TIME OF OPERATION OF ESTABLISHMENTS
HOLDING STATE BEVERAGE LICENSE; REPEALING ORDINANCE NO. 6 -62
AS AMENDED BY 6 -A -63, 6 -62 -B, 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TAXES ON SAID ESTABLISHMENTS HAS BEEN ELIMINATED AND SUPERCEDED BY S 562.14,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:
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 EXISTING ORDINANCE REPEALED.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STANDS REPEALED.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.
PAGE I OF 20
MICROFILMED 3 -14 -8O
SECTION 5. THIS ORDINANCE SHALL BECOME EFFECTIVE IIMMEDIATELY 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,
THIS 5TH DAY OF DECEMBER 19
PROD AS' TO FORM:
1
FIRST READING: NOV. 21, 1972
POSTED: NOV. 22,1972
SECOND READING: DEC. 5, 1972
PAGE 2.OF2.