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2020-05-05 Ex 04 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Phone: (863)763-3372 www.cityofokeechobee.com Okeechobee City Council Mayor Dowling R. Watford, Jr. Wes Abney Monica Clark Bob Jarriel Bobby Keefe ______________________________________________________________________ MEMORANDUM April 27, 2020 To: City Council From: John Fumero, City Attorney Subject: Proposed ordinance allowing package sales of alcoholic beverages on Sunday This proposed ordinance amends the existing City ordinance to make it consistent with the Okeechobee County. The proposed ordinance would eliminate the exclusion of retail package sales on Sunday and would allow the package sale of alcoholic beverages on Sundays beginning at 10:00 AM. Ordinance No. 1210 - Page 1 of 1 Language to be added is underlined. Language to be deleted is struck through. ORDINANCE NO. 1210 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING SECTION 6-1 OF CHAPTER 6 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE SALE OF ALCOHOL INCLUDING PACKAGE SALES WITHIN THE CITY AT CERTAIN TIMES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, has a legitimate interest to govern the sales of alcoholic beverages within the City; and WHEREAS, the City has historically prohibited retail package sale of alcohol on Sundays; and WHEREAS, the Okeechobee Board of County Commissioners recently amended its ordinance to allow alcohol sales, including package sales, beginning at 10:00 a.m. on Sunday; and WHEREAS, for purpose of enforcement of the Ordinance, it is 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; 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 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. (b) Sale of 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 the State of Florida to serve, sell, or permit to be served or sold, or consumed in or on their premises, all alcoholic beverages between the hours of 2:00 a.m. Sunday and 10:00 a.m. Sunday. All alcoholic beverages may be sold, served, or consumed on Sundays from 10:00 a.m. to midnight, excluding package sales of liquors. SECTION 2: CONFLICT. That all Ordinances or parts of Ordinances in conflict herewith 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 of competent jurisdiction, the remainder of th is 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. INTRODUCED for the First Reading and set for Final Public Hearing on this 5th day of May, 2020. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 2nd day of June, 2020. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney