1150 - Alcoholic BeveragesORDINANCE NO. 1150
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 ALCOHOL WITHIN THE CITY; PROVIDING FOR PENALTIES; AMENDING
DISTANCE FROM CHURCH, SCHOOLS OR DAY CARE CENTERS;
PROVIDING FOR CONFLICT; 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, for purpose of enforcement of the ordinance, it is deemed appropriate to fashion an
ordinance that is similar in nature and time to that existing for Okeechobee County.
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.
shall be unlawful for any person holding an alcoholic beverage license from the state
, - - _ensumption of liquor, as defined in F.S. ch. 565, but excluding
beer and wine, between 2:00 a.m. Sunday, and 7:00 a.m. Monday.
Co) (a) Hours for sale of all alcoholic beverages. Except as otherwise provided in this
section, it shall be unlawful for any person or entity holding an alcoholic beverage license
from issued by the sState of Florida e - - - e e - . - - - - - - - - • 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;, - - . - e - -• - - = e
7:00 a.m. Saturday and 2:00 a.m. Sunday, and beer and w+nc may be sold on Sunday
between the hours of 1:00 p.m. and 12:00 midnight.
(b) Sale ofbeerand wine alcohol limited on Sunday. Except as otherwise provided in this
section, it shall be unlawful for any person or entity holding an alcoholic beverage license
issued by from -the sState of Florida division of alcoholic beverages and tobacco to serve,
to sell, or permit sauce to be served or sold; or consumed in to permit the sale, service or
on their premises, consumption of beer, as defined in F.S. ch. 563, or wine as defined in
F.S. ch. 564 all alcoholic beverages between the hours of 2:00 a.m. Sunday, and 1:00
p.m. Sunday. All alcoholic beverages may be sold, served, or consumed on Sundays
from 1:00 p.m. to midnight, excluding package sales of liquors.
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Day, or the Fourth of July were to fall on a Sunday in any calendar year, any person
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Ordinance No. 1150 Page 1 of 4
{e} (c) Authority of police department. The chief of police, or his officers, may enter upon
and into any establishment holding an alcoholic beverage license issued by from the
sState of Florida 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 F.S. ch. 162, or this Code.
(d) Permit suspension. The City of Okeechobee Code Enforcement Board, may suspend
or revoke, any Business Tax Receipt (BTR) license issued hereunder any of the following
circumstances:
1. Loss or failure to renew BTR 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, and
vandalism.
7. Imposition of violation by the State against the establishment for any
violation of the provisions of F.S. ch. 509.
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 5 days for a first
violation and up to 30 days for any subsequent violation.
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. These suggested penalties are in
addition to any imposed by the State of Florida.
Any recommendation to the City Council by the City Code Enforcement Board to suspend
or revoke 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 60 day period, the establishment shall be provided a notice of
intent to suspend or 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 or
revocation. The decision of the City Council shall be supported by substantial, competent
evidence, which may be appealed by the violator to the Circuit Court.
Ordinance No. 1150 Page 2 of 4
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Sec. 6 -2. Distance from church, school, or day care center.
(a) _ _ - _ _ . _ _ - .. - _ _ _ e - - _ e -, 44No place of business within the
City of Okeechobee that is licensed and permitted to sell alcoholic beverages, shall sell,
serve, or permit to be sold or serve alcoholic beverages on or in the premises, and far-the
sale of alcoholic beverages on land designated as commercial or industrial on the future
-- _ be located within a distance of 100 feet
ny established from a church, school, or day care center. {b) Except for
...
consumption of alcoholic beverages may not be located within 500 foot of the real
, unless, upon application of the business owner to the eCity
GCouncil, the Council approves the location as promoting not significantly affecting the
public health, safety, and general welfare of the eCity under proceedings as provided in
F.S. § 166.041(3)(c). This restriction shall not, however, be construed to prohibit the
issuance of temporary permits to certain nonprofit organizations as provided for in F.S. §
561.422. The division City Council shall may not waive the distance requirement or issue
a change • - - - - - - - - - - - - - . - - - - e - of a licensee's location unless the
licensee provides documentation of proper zoning from the sCity zoning authorities.
{d} (b) 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 sCity the sole front door upon which the distance measurement shall be
based.
{c) (c) This section shall not apply to any business establishment presently operating
under a valid GCity BTR occupational license 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.
(d) 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
GCity BTR occupational license, 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.
{g} (e) 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 eCity BTR occupation
license 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 2. CONFLICT.
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 affected thereby, but shall remain in full force and effect.
Section 4. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its passage.
Ordinance No. 1150 Page 3 of 4
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INTRODUCED for First Reading and set for Final Public Hearing on this 7th day of February,
2017,
ATTEST:
Lane Gamiotea, C
C, City Clerk
Dowling R. Watford, Jr., Mayor
PASSED AND ADOPTED after Second and Final Public Hearing this 21St day of February,
2017.
ATTEST:
Lane Gamiotea, C C, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 1150 Page 4 of 4
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Dowling R. Watford, Jr., Mayor