HomeMy WebLinkAboutO-2002-019 ORDINANCE NO. 2002-019
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO CHAPTER 4 OF THE CITY CODE OF ORDINANCES,
WHICH CHAPTER IS ENTITLED "ALCOHOLIC BEVERAGES";
AMENDING THE CODE OF ORDINANCES, BY AMENDING SECTION 4-
18.1, ENTITLED "EXTENDED HOURS LICENSE", TO PROVIDE THAT A
LICENSEE SHALL CLOSE ITS PLACE OF BUSINESS AT 4:00 A.M. ON
EACH DAY, 5:00 A.M. ON NEW YEARS DAY, AND REOPEN NO
EARLIER THAN 7:00 A.M.; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Sec. 4-18.1, entitled "Extended hours license", of the City Code of
Ordinances is amended to read as follows:
Sec. 4-18,l Extended hours license.
(a) Any place of business operating as a restaurant or restaurant bar in the city,
which is duly and regularly licensed by this state to prepare, sell and serve full course
meals to the public, and if such place of business sells and dispenses alcoholic
beverages, it is duly and regularly licensed by this state to sell and dispense alcoholic
beverages, wine or beer therein, may apply for an extended hours license. Such license
application shall be processed by the city clerk and placed by that officer on the
planning and zoning board agenda for a hearing and applicant shall be notified of the
date of such hearing. The planning and zoning board shall at the time of the hearing
make a recommendation to the city that the commission grant the license, deny the
license, or grant the license subject to specific conditions. Upon such recommendation
by the planning and zoning board, the application shall be placed on the city
commission agenda and applicant shall be notified of the date of the city commission
hearing on such application. The city commission after proper hearing may grant the
license, deny the license, or grant the license subject to specific conditions. The annual
fee for the issuance of said license shall be one thousand two-hundred fifty dollars
($1,250.00). Such extended hours license shall permit and extend the hours in which
such licensee may remain open until 4:00 a.m. on any day, except New Year's Day,
when such license shall permit the operator to stay open until 5:00 a.m. As a condition
of the receipt of the extended hours license, the licensee agrees to close its place of
business at 4:00 a.m. on each day, 5:00 a.m. on New Year's Day, and reopen no earlier
than 7:00 a.m. During such closing times, it shall be unlawful for the licensee to permit
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ORDINANCE NO.2002-019
any members of the public to be or remain at its place of business for any purpose. A
separate extended hours license for sale of alcoholic beverages between the hours of
11.00 a.m. and 1:00 p.m. on Sundays may be approved as provided in this chapter with
an annual license fee of three hundred dollars ($300.00). All such extended hours
licenses are hereby declared to be and are regulatory in nature. Every such license
shall expire on September 30 of each and every year unless previously renewed by the
city manager. Any place of business w#a-that wishes to make an initial application for
an extended hours license shall pay a nonrefundable application fee in the amount of
two hundred fifty dollars ($250.00) to defray the costs of investigation of said applicant.
Said fee shall be submitted with the application for such license, and no application
shall be accepted by the city unless accompanied by said fee.
(b) For purposes of this section, a restaurant is defined as any place of business
whose primary activity is the preparation, selling and serving of full course meals to the
public within that business establishment. A restaurant/bar may qualify under this article
where such bar is directly connected with the restaurant, operated by the same
management in connection with the restaurant and the primary activity of that business
establishment is the preparation, selling and service of full course meals to the public.
Restaurants as defined for this section are subject to the health and sanitation
requirements of Chapter 13, Article VI of the Dania Beach Code. The sale of any
alcoholic beverage shall be incidental to any food service and shall be prohibited except
when the restaurant is actively engaged in serving of full course meals to the public.
(c) The specific criteria for the planning and zoning board's recommendation and for
• the city commission's determination in making a decision on the application may
include, without being limited to, the following:
(1) The amount of off-street parking in relation to the demands created by the
extra hours of operation, especially with regard to the adverse impact on adjacent
residential areas of any illegal or hazardous parking.
(2) The amount and degree of law enforcement activities generated by the
operation of any restaurant or restaurant/bar, both outside and inside the particular
location, with particular emphasis on vandalism, noise, vehicular use by patrons and
illegal activity of any kind by employees, patrons or others associated with the
establishment.
(3) The adverse effects, if any, that the extended hours of operation will have
on neighboring properties, especially with respect to the effects of noise, parking and
glare from headlights or exterior lighting on nearby residential properties.
(d) The city commission may require, as a condition of the privilege of extending
hours of operation, compliance with any reasonable conditions deemed by the
commission to be necessary to mitigate or eliminate the adverse effects of such
extended hours. These conditions may include, without being limited to provision by the
owner or operator, at his/her expense, of additional off-street parking, security
personnel and screening and buffering from nearby properties. The commission may
• also require that the licensed establishments be wholly enclosed, soundproofed, and
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ORDINANCE NO.2002-019
air-conditioned, with any windows, doors or other openings be kept closed, except for
normal and emergency ingress and egress, in order that noise and music emanating
• therefrom will not disturb the peace and quiet of the neighborhood. The owner shall
record in the public records of Broward County, Florida, a covenant running with the
land which expressly sets forth any and all conditions required.
(e) Any applicant for an extended hours license must be enrolled in the Responsible
Vendor Program and must continue to be a member in the Responsible Vendor
Program as a condition of holding an extended hours license.
(f) The granting of an extended hours license to a particular licensee is a privilege
subject to revocation at any time by the city commission, and no person may reasonably
rely on a continuation of that privilege. The renewal of any extended hours license shall
first be approved by the city manager, and shall be processed by the growth
management department. If the city manager approves the renewal, the license shall be
issued upon payment of the aforementioned fee. If the city manager denies the renewal,
the licensee shall have twenty days from the date of the notice of denial to appeal the
decision to the zoning and planning board. The zoning and planning board shall use the
criteria specified in subsections (c) and (d) above in determining said appeal.
(g) If the city manager, upon recommendation from the city commission, determines
prior to the renewal date that the licensee has violated a condition of issuance, renewal
or is operating in a manner harmful to the public health, safety or welfare, the city
manager shall place on the city commission agenda the matter of revoking the extended
hours license. Written notice of the charges against the licensee shall be sent to him/her
• at least ten (10) days in advance and shall also contain the date, time and place of such
agenda item. After consideration of the matter and allowing the licensee to be heard,
the city commission may revoke, modify or condition the extended hours license. If the
commission, in its sole discretion, determines that the actions of the licensee are of
such a nature as to pose a threat or otherwise negatively impact the health, safety and
welfare of the citizens of the city, the commission may also revoke the privilege of
selling, delivering or permitting consumption of alcoholic beverages afte-F up to 3:00 a.m.
on any day of the week, including Sunday. The criteria to be used by the city manager
and commission in such matters shall be the criteria specified in subsections (c) and (d)
above. Should the license or privilege be revoked, conditioned or modified, the licensee
may seek review of such actions before the commission after three (3) months. The
commission may then modify or refuse to modify its action. Only one such review shall
be given within a twelve-month period.
(h) The costs incurred by the city in investigating any of the matters included in
subsections (c), (d) and (f) in either a revocation or denial of renewal proceeding of an a
restaurant's extended hours license shall be paid by the licensee to the city. These
costs shall be in addition to the initial application fee and the annual license fee required
by this section and shall not exceed five thousand dollars ($5,000.00) for any one
proceeding.
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ORDINANCE NO.2002-019
Section 2. That except as amended above, all other provisions of Chapter 4 of the
Code of Ordinances of the City of Dania Beach, Florida, shall remain in full force and
effect.
Section 3. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this ordinance are repealed to the extent of such conflict.
Section 4. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. That this ordinance shall be in force and take effect on October 1, 2002.
PASSED AND ADOPTED on first reading on April 9, 2002.
PASSED AND ADOPTED on second reading on April 23, 2002.
RO ERT H. CHUNN, JR.
MAYOR — COMMISSIONER
A TEST: j ROLL CALL:
J COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
C ARLEN HNSON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO 7 AND CORRECTNESS:
BY: T 1
THOMAS'J. XNSBkb
CITY ATTORNEY
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ORDINANCE NO.2002-019
• o
N Air
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commissioners
cc: Ivan Pato, City Manager
Charlene Johnson, City Clerk
Larry Leeds, Growth Management Director
FROM: Tom Ansbro, City Attorney
• DATE: March 25, 2002
RE: Proposed Ordinance Amending Section 4-18.1, "Extended hours license"
Attached is a proposed ordinance which would amend Section 4-18.1 of the Code of
Ordinances entitled "Extended hours license". The amendment is intended to clarify the City
Commission's intent, to require an extended hours licensee to close its place of business at 4:00
a.m. on any day (5:00 a.m. on New Year's Day), and reopen no earlier than 7:00 a.m. During
such closing hours, it would be unlawful for the licensee to permit any members of the public to
be or remain at its place of business for aZpuse.
I recommend that this ordinance bffective on October 1, 2002, since we are in the
midst of the license year. The ordinan will be prospective in effect for all licenses issued or
renewed this fall.
Commission review and adoption of this ordinance are requested.
TJA:slw
Attachment
•
PUBLISHED DAILY
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA
BOCA RATON, PALM BEACH COUNTY, FLORIDA
MIAMI, MIAMI DADE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE
BEFO//RE-THE UNDERS>GNED AUTHORITY, PERSONALLY APPEARED
J ' :) NOTICE OF NEARING I
ll<�i_�. CG��— °.' WHO,ON OATH, SAYS THAT BEFORE CITY COMMIS-
SION.
HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED CITY OF DANIA BEACH,.
DEPARTMENT OF THE UN-SENTINEL, DAILY NEWSPAPER PUBLISHED FLORIDA, - REGARDING
ADOPTION OF THE FO -
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE OWING PROPOSED ORDi-NA
ATTACHED COPY OF ADVERTISEMENT, BEING A: NOTICES IS HEREBY GIVEN
that the city Commission;
of the City of Dania Beach„
PUBLIC HEARING NOTICE Florida,on April 23,2002,1
'at 7:00 p.m. or as soon
thereafter as the matter
IN THE MATTER OF: may be heard, will con-
duct a public hearing in
the City commission
Cha ter 4 Chambers of the Dania
P Beach City Hall, too West
Dania Beach Boulevard,
rida to
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE Dania Beach, Fproposed
consider the
adoption of the following
ISSUES OF: Ordinances entitled:
AN ORDINANCE OF THE
CITY OF DANIA BEACH,
4/13,1 D 10854986 FLORIDA, PERTAINING TO
CHAPTER 4 OF THE CITY 1
CODE OF ORDINANCES,
WHIC CHAPTER IS
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A.NEWSPAPER TLED"ALCOHOLIC BEVERI-
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AGES" AMENDING ' .
CODE OF ORDINANCES;;BY BY `r
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY AMENDING SECTION 4-
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, EXTENDED HOURS ITLLD
THAT
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE A LICENSEE
ESHALLPROVIDE LOSE
A LICENSEE SHALL CLOSE
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, ITS PLACE OF BUSINESS
AT 4:00 A.M.ON ANY DAY,
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF 5:00 A.M.ON NEW YEARS
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT DAY, AND REOPEN No
• EARLIER THAN A.M.;
HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR PROVIDING FOR
CON-
ING FO
CORPORATION,ANY DISCOUNT, REBATE,COMMISSION, OR REFUND, FOR THE SEVERANCE;
FURTH RR
PROVIDING PURPOSE OF SE RING THIS ADVERTISEMENT FOR PUBLICATION IN SAID FECTIVE DATE. AN EF-
NEWSPAPER. / the proposed
Ordinance A copy f ceis on file in the
Y / office of the city clerk,
City allv west
Dania
Beach
Boulevard Dania
(SIGNATURE OF AFFIANT) Beach, Florida, and may
be inspected by the public
during normal working
hours.
SWORN TO AND SUBSCRIBED BEFORE ME Interested parties may ap-
ON: 13-April-2002 , A.D. pear at the aforesaid
meeting and be heard
with respect to the pro-
posed. Any person who
decides to appeal any de-
zL cision made by the City
Commission with respect
(SIGNATURE OF NOTARY P BLIC) to any matter considered
at this hearing will need a
:•,��°P�''• 'record of the proceedings
•6:;c fLSezak land for such purpose may
W COMMISSION# DD024939 EXPIRES need to ensure that a ver-
)uiy 20, 2005 batim record of the pro-
:: ;,-<0 2ov=Aw INSURANCE,!NC ceedings is made, which
record includes the testi-
mony and evidence upon
which the appeal is to be
(NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) based.
In.accordance with the
American with Disabilities
Act, persons needing as-
sistance to participate In
any of the.proceedings:
PRODUCED IDENTIFICATION should contact CharleneJohnson, City clerk, too
West Dania Beach Boule-
vard,Dania Beach,Florida
33004, (954) 924-3622 at
least 48 hours prior to the
meeting.
/s/ Charlene Johnson,
. CMC
City Clerk
April 13,2002