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HomeMy WebLinkAboutOrdinance No. 09-1983 Failed ORDINANCE NO. 9-83 AN ORDINANCE DELETING CODE CHAPTER 733 "ALCOHOLIC BEVERAGE SALE REGULATIONS" IN ITS ENTIRETY AND REPLACING IT WITH CHAPTER 733 "REGULATION OF SALE AND CONSUMPTION >OF ALCOHOLIC BEVERAGES" ; DEFINING "ALCOHOLIC BEVERAGES AND "ESTABLISHMENTS DEALING IN 0 ' ALCOHOLIC BEVERAGES" ; PROVIDING FOR THE \' \ HOURS OF SALE AND CONSUMPTION; PROVIDING FOR PENALTIES; REGULATING NUDITY ON PREMISES WHERE ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE; PROVIDING FOR SEVERABILITY OF PROVISIONS; 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 . Chapter 733 "Alcoholic Beverage Sale Reg- ulations" is deleted in its entirety and replaced with the following • chapter : CHAPTER 733 REGULATION OF SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES Section 733 .01 Definitions . For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them: ALCOHOLIC BEVERAGES . Any spirit, wine, beer, ale or other liquid containing more than one-half of one percent of alcohol by volume which is fit for beverage purposes, other than medicine or drugs dispensed by drug stores or prescription shops for medical purposes . ESTABLISHMENT DEALING IN ALCOHOLIC BEVERAGES . Any business or commercial establishment (whether open to the public at large or where entrance is limited by cover charge or membership requirement) including those licensed by the State for sale and/or service of alcoholic beverages , and any bottle club; hotel; motel; restaurant; nightclub; country club; cabaret; meeting facility utilized by any religious, social, fraternal or similar organization; business or commercial establishment where a product or article is sold, dispensed, served or provided with the knowledge, actual or implied, that the same will be or is intended to be mixed, combined with or drunk in connection or combination with an alcoholic beverage on the premises of said business or commercial establishment; or business or commercial establishment where the consumption of alcoholic beverage is permitted. A private residence, whether permanent or temporary in nature, is not an establishment dealing in alcoholic beverage . Section 733 .03 Time of Operation of Commercial Establishments Where Alcoholic Beverages are Sold, Consumed or Served. A. No establishment dealing in alcoholic beverages, its owner (s) , operator (s) , manager (s) , agent (s) , employee (s) or contractor (s) shall sell or permit to be consumed, be open for business , or permit any person (except on-duty employees of the establishment) to enter or remain within said establishment dealing in alcoholic beverages, except during the hours from 7 :00AM until 4 :00AM the following day. B. Nothing contained in (A) above shall prevent a business from operating any licensed function un- connected with its operation as an establishment dealing in alcoholic beverages during any lawful hour . Section 733 .05 Exception for New Year 's Eve. Establishments within the City of Cape Canaveral, Florida, where alcoholic beverages are sold, consumed or served, may remain open all night on New Year 's Eve, December 31st, and shall not be required to close at 4 :00AM, January 1st, as provided in Section 733 .03 . Section 733 .07 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 on the premises of said commercial estab- listment, to expose to the public view that area of the human breast at or below the aerola 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 in subsection (A) (1) . (3) To suffer or permit any person, while on the premises of said commercial establishment to ex- pose 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 aerola 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. 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 j 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 Section 801. 02 of Code of the City of Cape Canaveral, Florida. E. If any provision of this ordinance, or its ap- plication to any person or circumstances, shall be held invalid, the remainder of the ordinance, or the application of the provision to other persons or cir- cumstances, shall not be affected. F. If 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 sale for consumption on the premises shall be convicted of any of the offenses designated in Section 733 . 07 (A) , 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. Sec. 733 . 09 Penalty. Any person violating any of the provisions of this Chapter shall be punished as provided in Sec. 801 . 02 SECTION 2 . It is declared to be the intent of the City Council that if any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or un- constitutional by any court of competent jurisdiction, such por- tion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. 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 day of , 1983 . Mayor Attest: City Clerk Approved as to Form: City Attorney