2020-07-07 Ex 03ORDINANCE 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; .
(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, Menday
thFough Saturday.
beveFage liGeRse issued by the State ef PaFida tO 6eFve, sell, eF peFmit to -be
betweeR the heuF6 of 240 a.m. SUPIday, and 4 49 p.m. Sunday. All aIGGhG4G
{s4 (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 1 of 2
Language to be added is underlined.
Language to be deleted is ctrasktAwugq.
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
Ordinance No. 1211 - Page 2 of 2
Language to be added is undefined.
Language to be deleted is skusk{k�euQp.
aNDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Katrina Elsken Muros, who on oath says she is the Publisher of
the Lake Okeechobee News, a weekly Newspaper published
in Okeechobee County, F1''orida;� that . the e attached copy of an
advertisement being a L 1 ;'
u
in the matter o ``
in the 19t1 Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
Affiant further says that the said Lake Okeechobee News is a
newspaper published at Okeechobee, in said Okeechobee County,
Florida, and that said newspaper has heretofore been published
continuously in said Okeechobee County, Florida each week and
has been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of
one year next preceding the first publication of the attached copy
of advertisement, and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken Muros
Sworq to, a d.subscribed before me this
day of .. e�; �.1, lh e� tJ AD
Notary Public, State of Florida at Large
`p°:;�;.; ANGIE BRIDGES
MY COMMISSION # GG 971582
° AW'.
EXPIRES: April20, 2024
e' Bonded TtYu Notary Public undetwrhm
ifiem Vt. A-
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FILE
J u.ly -', 202-0
Lake Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
CaYOFOKEEMOSEE
PUBLIC NOTICE
OONSIDERA1IION OFADOPIING
AMYORDINANCE
NOTICEISFlMMISIMI thattheCityCour�oflheQyof0i�3obee,
Rondawl aPublicH�rgonTueso, 7,202Qa 600PM, or
sxxt tl Pte. at aY Hal. 55 SE 3!d Aye, Olaea�nobae, R. W
wnsider final rea &g for adoption of the rolwvrg Otdnarge imu lav: NO.
1211: AN ORDINANCE OF THE CRY OF OKEECHOBEE, FLORIDA;
NNENDING SECRON 6-1 OF CHAPTER 6OF THE ODDE OF O N
NANCES TO
WWFGR THE SNE OF ALOOHOL IIT( ZING
PACKAGE SNES IARDQN THE CLTY AT -CERTAIN TALES EVERY
DAY: PROVIDING FOR ODNFLICT•, PROVIDIIhe FOR nce ek Wes
TY; PROVIDING FOR AN EFFECTIVE DATE. The OndtarvE �rcniates
res4iUing the sale of ary aimholtrhe�era9eon Sunday.
AI nrrbrs of the pub€c ate er urged io altsd and %Tdpate n said
Hmnrtg. The pop- Ordiar� has been posted m Litz Llys wets, dry.
cfolreediobee,mnyicnotioehtrtV, or may be to Is erdaety by
rnembets of the at the Ofiio=tithe ay Cledc durug normal bares
I Frours, hbn-Frl, 8:00 AM430 PM, emeptfa fgidaYs.
ANY PERSON DE®AIG TD APPEAL arty derb rade try the
Ceund wlh to pal to malar mtddeted at 0'.
A need IT
sire a ve�babrn raced of the poa mTM Is made and the nxurd Includes the
tesarla,y anrd evidence upon wna, the a�I w0 be bagA In amxdm
wltt the Amaiar5 wih Dsal:Lties Act (AGA), any ppeeg� wlh a day as
defined Lythe ADq, that needs spatial aobrrmodaBon ID Wbdpate n drs
b3 poaaecirQ 863-�3iTOflbe no la�rthan 6w Gates da,�spbr
BE ADVIS®lhat SMW you tend to dim any dominent, ' video
p000rp �LW ns to the Courd In arpport or oppRvlbn fo arry Item an the agenda; a
mof the l7l/ p video, or them MUST be ptwided iDthe Q'/
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