0665 Alcohol Sales Hours ORDINANCE 665
AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA AMENDING
SECTION 3 -2 OF THE CODE OF ORDINANCES; TO PERMIT THE SALE
OF ALCOHOL UNTIL THE HOUR OF 2:00 A.M. UNDER CERTAIN
CONDITIONS; PROVIDING FOR NEW YEAR'S EVE SALE OF ALCOHOL;
REPEALING INCONSISTENT PORTIONS OF THE CITY CODE;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee has endeavored to consistently provide for
economic advantages for merchants within the City of Okeechobee, so that they may
compete with merchants outside the municipal boundaries of the City; and
WHEREAS, the City of Okeechobee has determined that failing to provide City
merchants with Code provisions similar in character to those in effect outside the
municipal boundaries of the City has an adverse economic effect to local merchants; and
WHEREAS, the hours for sale of alcohol within the unincorporated area of
Okeechobee County has been altered to permit sales to the hour of 2:00 A.M.; therefore,
similar provisions should be made for local merchants; therefore,
Section 3 -2, Code of ordinances, as written, is rescinded, and is herein amended to read
as follows:
Sec. 3 -2. Hours, Sunday Sales; Holiday sales.
(a) SALE OF LIQUOR PROHIBITED ON SUNDAY
Except as otherwise provided herein, it shall be unlawful for any person holding
an alcoholic beverage license from the State Division of Beverage to serve, to sell, or
cause to be sold, or to permit the sale, of liquor, as defined in Florida Statutes 565, but
excluding beer and wine, between 2:00 A.M. Sunday, and 7:00 A.M. Monday.
(b) SALE OF BEER AND WINE LIMITED ON SUNDAY
Except as otherwise provided herein, it shall be unlawful for any person holding
an alcoholic beverage license from the State Division of Beverage to serve, to sell or
cause to be sold, or permit the sale of beer, as defined in Florida Statutes 563, and wine
as defined in Florida Statutes 564, between 2:00 A.M. Sunday, and 1:00 P.M. Sunday.
(c) HOURS FOR SALE OF ALL ALCOHOUC BEVERAGES
Except as otherwise provided herein, it shall be unlawful for any person holding
an alcoholic beverage license from the State Division of Beverage to serve, to sell, or
cause to be sold, or permit the sale of any alcoholic beverage between the hours of 2:00
A.M. and 7 :00 A.M., Monday through Saturday; providing for clarification that any
alcoholic beverage may also be sold from 7.00 A.M. Saturday and 2:00 A.M. Sunday, and
beer and wine may be sold on Sunday between the hours of 1:00 P.M. and Midnight.
(d) CERTAIN SUNDAY HOLIDAY SALES PERMITTED
In the event the Holidays of New Years Eve, New Years Day, or the Fourth of July
were to fall on a Sunday in any calendar year, any person holding an alcoholic license
from the State Division of Beverage may, at their option, remain open for the sale of any
beer and wine permitted by such license until 2:00 A.M. on Monday morning following
such Sunday Holiday.
(e) AUTHORITY OF POLICE DEPARTMENT
The Chief of Police, or his officers, may enter upon and into any establishment
holding an alcoholic beverage license from the State Division of Beverage for inspection
purposes, or other such purpose as permitted by general law, during such business
hours, or at such time as the license holder, his agent or employee, or such other
persons who may be within the premises, to determine compliance with this section. If
it reasonably appears to the Officer that alcohol is being served, or sold, past the time
permitted in this section, the Chief of Police, or his officers are authorized to immediately
order the establishment to be closed. This failure to comply with this section may also
subject the license holder, the owner of the business, or a tenant leasing from a license
holder to any additional penalties as may be imposed by Florida Statutes chapter 162, or
this municipal code.
(f) REPEAL
To the extent that any provision of the Code of Ordinances should be inconsistent
with the intent and language of this ordinance, such inconsistent provision is hereby
repealed.
(g) SEVERABILITY
Should any portion of this ordinance be declared by a court of competent
jurisdiction to be invalid, the remaining portions of said ordinance shall remain in full
force and effect.
This ordinance shall be set for final public hearing the 19th day of October 1993,
and shall take effect immediately upon its adoption.
Introduced for first reading and set for final public hearing this 28th day of
September, 1993.
rrj/
OR JAMES E. )(IRK
ATTEST:
BONNIE S. THOMAS, CMC, CITY CLERK
Passed and adopted on second reading and final p 'c hearing this 19th day of
October, 1993.
h 4 r0R JAMES E: KIRK
ATTEST:
BONNIE S. THOMAS, CMC, CITY CLERK