2020-06-02 Ex 03
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
May 22, 2020
To: City Council
From: John Fumero, City Attorney
Subject: Proposed ordinance revising hours of sale of alcoholic beverages
The City historically prohibited retail package sale of alcohol on Sundays and recently
amended its ordinance to allow alcohol sales except package sales beginning at 10:00
a.m. on Sunday. As discussed by City Council, this proposed ordinance goes a step
further to allow sale of alcoholic beverages from 7 AM – 2 AM daily.
Ordinance No. 1211 - Page 1 of 2
Language to be added is underlined.
Language to be deleted is struck through.
ORDINANCE NO. 1211
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 EVERY DAY; 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 sales of alcohol on Sundays; and
WHEREAS, the Okeechobee Board of County Commissioners recently amended its ordinance
to allow alcohol sales excluding package sales beginning at 10:00 a.m. on Sunday; and
WHEREAS, it is appropriate to fashion an ordinance that prohibits the sale of alcohol at the
same prescribed times every day of the week.
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:
Sec. 6-1. - Hours; Sunday sales; holiday sales.
(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 issued by the State of Florida 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.
(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 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.
(c) (b) 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 the State of Florida 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) (c) Permit suspension.
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 this Ordinance shall not be affected thereby, but shall remain in
full force and effect.
Ordinance No. 1211 - Page 2 of 2
Language to be added is underlined.
Language to be deleted is struck through.
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 2nd day of June,
2020.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 7th day of July, 2020.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney