1072 Sale of Alcoholic Beverages-+ ORDINANCE DENIED AT FINAL HEARING 4-
ORDINANCE NO. 1072
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
CHAPTER 6 ALCOHOLIC BEVERAGES, CODE OF ORDINANCES;
PARTICULARLY SECTION 6 -1, 6 -2 AND THEREOF; TO PROVIDE FOR SALE
OF LIQUOR ON SUNDAYS IN LIMITED CIRCUMSTANCES; TO PROVIDE
FOR SALES OF LIQUOR ON SUNDAYS BY BONA FIDE RESTAURANTS;
CREATING PROVISION FOR SPECIAL PERMIT FOR RESTAURANT SALES;
PROVIDING FOR PENALTIES; AMENDING DISTANCE FROM CHURCH,
SCHOOLS OR DAY CARE CENTERS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida, possesses a legitimate interest to govern the
sales of alcoholic beverages within the City; and
WHEREAS, the City has historically prohibited sales of alcohol on Sundays, being a day of
worship, except in limited circumstances for beer and wine; and
WHEREAS, with the growth and expansion of the City, and the development of restaurants,
lodging and nationally recognized chain operations locating to the City, the permission
to sell liquor to its patrons on Sundays has proven to be a request by such operations
as a condition of locating in the City; and
WHEREAS, such commercial growth is vital to the community and citizens of Okeechobee,
so long as the City's fundamental interests are met, that would limit the sale of alcohol
of every nature on Sundays; and
WHEREAS, provisions to permit sales of liquor on Sundays can be strictly limited to qualifying
commercial establishments, and yet retain a ban on general sales of liquor to the
public, which, when balanced with economic development, would be of benefit to the
City, its citizens and taxpayers.
NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer
for the City:
Section 1. That the provisions of Chapter 6, Alcoholic Beverages, Code of Ordinances for
the City of Okeechobee Florida, is hereby amended to the following extent:
Section 6 -1. Hours; Sunday sales; holiday sales.
fe} (a) Hours for sale of all alcoholic beverages. Except as otherwise provided in this
section, it shall be unlawful for any person entity holding an alcoholic beverage license
from the state division of alcoholic beverages and tobacco to serve or sell, or cause to
be sold or consumed, or to permit the sale or consumption of any alcoholic beverage
between the hours of 2:00 a.m. and 7:00 a.m. daily, Monday through Saturday_
the hours of 1.00 p.m.
gnt.
(b) Sale of beer and wine limited on Sunday. Except as otherwise provided in this
section; for qualifying establishments, it shall be lawful unlawful for any entity
person holding an alcoholic beverage license issued by from the State of Florida
to serve, to sell; or permit cause to be
mptio -n-ef beer as
and wine products in, on or from their
served served or sold,- or consumed,
--
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Ordinance No.1072 - Page 1 of 5
premises, between the hours of 11:00 a.m. to midnight on Sundays.
(d) (c) Certain Sunday holiday sales permitted. If the holidays of New Year's Eve, New
Year's Day, Christmas Eve, Christmas Day, or the Fourth of July were to fall on a
Sunday in any calendar year, any entity lawfully person holding an alcoholic beverage
license issued by from the State of Florida,
tobacco may; at their option, remain open for the sale of any beer and wine as
permitted by such license on such Sunday from 11:00 a.m. to midnight; and for
liquor, including package sales, from 11:00 a.m. Sunday to midnight Sunday trrrti1
(e) (d) 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 alcoholic beverages and tobacco 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, consumed 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 Statute Chapter 162, or this
Code. Such authority shall also include requiring the establishment make
available to the City its business records to the extent necessary to determine the
percentage of sales of food and nonalcoholic beverages by the establishment, in
order to assure compliance with this code. Such records shall be viewed only on
the premises of the establishment and not be considered public record.
(e) Certain Sunday liquor sales permitted. It shall be lawful for certain qualifying
establishments to sell or serve all alcoholic beverages, including beer, wine by
package or drink, and liquor by the drink, on Sundays from the hours of 11:00 a.m.
to 12:00 midnight on Sunday, under the following circumstances:
That the establishment be a bona fide restaurant, which is defined as an
establishment engaged primarily in the service of food and nonalcoholic
beverages, where the sale or service of alcoholic beverage is incidental to the sale
and service of food and nonalcoholic beverages, and meets all of the following
criteria:
Such qualifying bona fide restaurant must possess a license issued by the
division of alcoholic beverages and tobacco, State of Florida to permit sales of
beer, wine and liquor under the provisions of Florida Statute Chapter 561, Chapter
565, and Florida Administrative Code Section 61A -3000 et. seq. for quota or
speciality license, and such establishment must derive at least 51 percent of its
gross revenue from the sale of food and nonalcoholic beverages.
ft) Limitation on package or off premises sales. For a bona fide restaurant
qualifying for Sunday liquor sales, it shall be unlawful to make package sales of
liquor by the bottle, or single drinks to be taken off premises, except as provided
in subsection (c) herein.
(g) [moved from Section 6.2 (a)] Limitations on location of establishment. Except as
provided hereafter' - - .: - - - - . . - - - - • - , no establishment plate-of -15-usiness
for the sale of alcoholic beverages on lands designated as Commercial or Industrial on
the Future Land Use Map of the City of Okeechobee shall be located within one
hundred feet (100') of property owned and operated as an established or utilized--by
arty church, day care, or school.
Any restaurant licensed to sell and serve alcohol, including liquor, and including
those that qualify for sales on Sunday as provided herein, shall not be physically
located within one hundred feet (100') of a church, or public or private school or
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day care facility.
Any establishment that would be considered a bar, which derives less than 51
percent of its gross revenues from the sale of food and nonalcoholic beverages,
and which sells liquor by the drink on the premises, and any establishment that
sells liquor by the bottle or package sales, shall not be physically located within
five hundred feet (500') of a church, or public or private school, or day care facility.
Exempted from these requirements are any currently existing and permitted
establishments that were in place prior to the establishment of the church or
school. These restrictions shall not be construed to prohibit the issuance of
temporary permits for special events to sell alcoholic beverages by agencies,
groups, non - profits, or others who may qualify for such permit under this code.
center
Jh) [moved from Section 6.2 (d)] The distance shall be measured along a straight line
from the front door of such business to the front door of such church, school or day care
center. Each church, school, day care center and business selling alcoholic beverages
shall permanently designate to the City the sole front door upon which the distance
measurement shall be based.
Jj [moved from Section 6.2(e)] This section shall not apply to any business
establishment presently operating under a valid City Business Tax Receipt
on the effective date of the ordinance from which this restriction is
derived and located closer than the restricted distances to any church, school or day
care center.
ffi [moved from Section 6.2(0] Any existing business establishment on the effective date
of the ordinance from which this restriction is derived selling alcoholic beverages, and
operating under a valid City Business Tax Receipt , which is
located closer to a church, school or day care center than as provided in this section,
shall not hereafter be permitted to expand or enlarge the existing square footage of the
building.
ik) [moved from Section 6.2(g)] Any existing business establishment selling alcoholic
beverages which is located closer to a church, school or day care center than as
provided in this section may continue such use so long as the owner or occupant holds
a valid City Business Tax Receipt and alcoholic beverage license
from the state. However, once the business is sold or transferred, and another use is
made of the location, such location shall not thereafter be re- established for the sale of
alcoholic beverages, unless in compliance with this section.
• Section 6.2 Qualifying establishment permits for Sunday sales.
As a prerequisite to operation, a restaurant that qualifies under this section, and
which wishes to operate on Sunday, shall obtain a permit from the City of
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Okeechobee, with the following information:
fa) 1. Current business tax operation license, with fictitious name
registration, if applicable, or certificate of incorporation with
registered agent.
2. Current premises and property liability insurance certificate in a
minimum sum of one million dollars ($1,000,000.00) aggregate
coverage.
3. Floor plan or drawing with square footage of facility, location of
kitchen, bar, and customer service area, with designation of number
and placement of tables and chairs.
4. Current license issued by State of Florida permitting sale of alcohol,
beer, wine and liquor.
5. Payment of special permit fee calculated at $1.00 per customer chair.
(b) Permit suspension.
The City of Okeechobee may suspend, or revoke, any permit issued hereunder
under any of the following circumstances:
1. Loss of business tax license, alcohol sales license, or lapse of
liability insurance.
2. Arrest or conviction of staff members for sale of alcohol to underage
persons.
3. Failure to adhere to permitted hours or conditions of operation.
4. Failure to maintain control and order at the establishment, including
repeated necessity for law enforcement to respond or intervene at
the establishment.
5. Permitting off premises consumption or open container violations ,
or loitering in the outside walkway, common areas or parking lot of
the establishment.
6. Complaints verified by law enforcement of adverse affects on
neighboring properties, whether commercial or residential, including
noise, trash, vandalism.
7. Imposition of violation by the State against the establishment for any
violation of the provisions of Florida Statutes Chapter 509.
8. Limiting food sales to less than 51 percent of gross revenue from
sale of food and nonalcoholic beverages.
(c) The penalties available to the City of Okeechobee for any such violation
shall include:
1. Warning letters to cease and desist.
2. Imposition of a fine against the establishment up to $250.00 for a first
violation, and up to $500.00 for any subsequent violation.
3. Suspension of permit to sell alcohol on Sundays for up to five (5)
days for a first violation, and up to thirty (30) days for any
subsequent violation.
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4. Revocation of permit.
Any of these penalties may be imposed commensurate with the severity of the
violation, and need not be imposed in the order they are listed.
Any action by the City to suspend such permit shall first be made in writing to the
establishment, directing that they cease the unauthorized activities; upon a
second verified violation by the establishment within a sixty (60) day period, the
establishment shall be provided a notice of intent to revoke the permit. The owner
or authorized representative of the establishment shall be notified by notice of
public meeting that this decision is placed on the agenda of the City Council, who
shall have final decision as to such suspension. The decision of the City Council
shall be supported by substantial, competent evidence, which may be appealed
by the violator to the circuit court.
Chapter 6, Sections 6.3 and 6.4 remain unchanged.
Section 2. Conflicts.
That all ordinances or parts of ordinances in conflict herewith, be and the same
are hereby repealed.
Section 3. Severability.
That if any clause, section or other part of this Ordinance shall be held invalid or
unconstitutional by any court or competent jurisdiction, the remainder of this
Ordinance shall not be effected thereby, but shall remain in full force and effect.
Section 4. Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 16th day of August, 2011.
N/A
ATTEST: James E. Kirk, Mayor
N/A
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 6th day of September,
2011.
N/A
ATTEST: James E. Kirk, Mayor
N/A
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
N/A
John R. Cook, City Attorney
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