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Home My WebLink AboutO-2002-029 ORDINANCE NO. 2002-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTIONS 4-18 AND 4-18.1 OF THE CITY CODE OF ORDINANCES TO CHANGE THE TIME AT WHICH ALCOHOLIC BEVERAGES MAY BEGIN TO BE SOLD ON SUNDAYS, BY ALLOWING SUCH SALES TO BEGIN AT NOON INSTEAD OF 1:00 P.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. Section 4-18 of the City Code of Ordinances is amended to read as follows: ® Sec. 4-18. Hours of Sale (a) No person, vendor or distributor, shall sell or offer for sale or deliver or serve or permit to be consumed upon the premises of safd such person, vendor or distributor, any liquor, beer or wine regardless of the alcoholic content, on any weekday between the hours of 3:00 a.m. and 7:00 a.m., or on Sunday between the hours of 3:00 a.m. and 4-:-00 12:00 p.m., except as provided herefR in this section. No person, persons; vendor or distributor shall sell or offer for sale or deliver any liquor, beer or wine by package, bottle or container, between the hours of 2:00 a.m. and 4-�00 12:00 p.m. on Sunday or any weekday between the hours of 2:00 a.m. and 7:00 a.m. F:/566001:/0rdinances:/11ours of sale I ORDINANCE NO.2002-029 Section 2. That Section 4-18.1 of the City Code of Ordinances, is amended to read . as follows: Sec. 4-18.1. 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, and if 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 such 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 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 4-L89 12:00 p.m. on Sundays may be approved as provided in this chapter with payment to the city of 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 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 sa+d such applicant. Said Such fee shall be submitted with the application for such license, and no application shall be accepted by the city unless accompanied by saW that fee. F:/566001:/Ordinances:/Hours of sale 2 ORDINANCE NO.2002-029 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 immediately upon adoption. PASSED AND ADOPTED on first reading on May 28, 2002. PASSED AND ADOPTED on second re on June 11, 2002. ATT ST: • O T H. CHU N, JR. MAY R — COMMISSIONER CHARLENE JO NSON CITY CLERK ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA- YES COMMISSIONER MIKES - YES VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO RM AND CORRECTNESS: BY: T-HOIWAS J. ANSBRO CITY ATTORNEY • F:/566001:/Ordinances:/Hours of sale 3 ORDINANCE NO.2002-029 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and City Commission Ivan Pato, City Manager FROM: Tom Ansbro, City Attorney DATE: May 22, 2002 RE: Proposed Ordinance Amending Hours of Sale, Service and Consumption of Alcoholic Beverages Within the City on Sundays Attached is a proposed ordinance amending the City Code of Ordinance which "rolls back" the hour from 1:00 p.m. to 12:00 p.m. (noon) at which alcoholic beverages may begin to be sold,-served and consumed on Sundays. This was prepared at the direction of the City Commission at its May 14, 2002 meeting, at which representatives from Publix food stores requested a change in the hour for Sunday sales. PLEASE NOTE that I drafted the ordinance to apply to sales by stores as well as sales by restaurants and bars. If it is the intent of the Commission to only "roll back" the Sunday hour for "package sales" (such as those made by supermarkets, convenience stores and "package stores" for off-premises' consumption) then the ordinance will need to be revised to confine it to that class. If, however, it is the Commission's intent to treat all Sunday alcoholic beverage "sales" alike, i.e., for sale by package and consumption on premises, then the proposed amendment can stand as written. This is now ready for Commission consideration. TJA:slw Attachment • SUN- SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BEFORE ECITYiECOMMIS- SION CITY OF DANIA BOCA RATON, PALM BEACH COUNTY, FLORIDA BEACH, FLORIDA, RE- MIAMI MIAMI DADE COUNTY FLORIDA GARDING ADOPTION OF r THE FOLLOWING ,PRO- POSED ORDINANCES: . NOTICE IS HEREBY GIVEN that the CityCommission STATE OF FLORIDA of the City of ania Beach, Florida,on June 11,2002, COUNTY OF BROWARD/PALM BEACH/MIAMI DADE at 7:00 p.m. or as soon BE thereafter as the matter FOR UN NED AUTHORITY, PERSONALLY APPEARED may be heard, will tier duct a public hearing in the City Commission WHO, ON OATH, SAYS THAT Chambers of the Dania Beach City Hall,100 West HE E A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED Dania Beach Boulevard. PARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED consider eathe Florida to proposed IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE adoption of the fallowing Ordinances edtitled: _;::;, ATTACHED COPY OF ADVERTISEMENT, BEING A: iAN ORDINANCE OF THE iCITY OF DANIA BEACH, :FLORIDA,AMENDING SEC- JUNE 11 MTG TIONS 4-18 AND 4-18.1 OF THE CITY CODE OF ORDI- NANCES TO CHANGE THE IN THE MATTER OF: TIME AT WHICH ALCOHOL- IC BEVERAGES MAY BEGIN, TO BE SOLD ON SUNDAYS,: BY ALLOWING' SUCH' June 11 2002 mtg ;SALES TO BEGIN AT NOON' !INSTEAD OF 1:00 P.M.; 'PROVIDING FOR CON- IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE FLICTS; PROVIDING FOR SEVERANCE; FURTHER,; ISSUES OF: PROVIDING FOR AN EF- FECTIVE DATE. !AN ORDINANCE OF ITHE, 5/31 10922492 DANIACITY OF 'FLORIDA, PERTAINING TO, WATER AND SEWER.SER-' AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER VICES; AMENDINGSEC- TIONS 27-23 AND 27-55 PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, THE CITY CODE OF ORDI-4 NANCES TO PROVIDE FORE. AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY A REFUND of DEPOSITS[ TO CUSTOMERS WHO SAT- • PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, ISFACTORILY MEET ES--: EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE TABLISHED CRITERIA ANDS FOR T - POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, MENTDE OFTO PI INTEREST ONDE- PRI15 FORE FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF CONIFLIC S;TS; PR VIDINGE ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT FOR SIVERANCE;' 'FUR-t THER, PROVIDING FOR AN HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR EFFECTIVE DATE. . CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE OrdinancesA co ofhare ese on pOe in PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID the office of the City' Clerk, City Hall, 100 West: NEWSPAP Dania Beach Boulevard,! Dania Beach,Florida,and may be inspected by the, ,public during normal, workinZON-:031-May-2002 ATUREOFAFFIANT) Interestedpartiesmayap- pear at the aforesaid meeting and be heard, N TO AND SUBSCRIBED BEFORE ME with respect to the pro posed. Any person who , A.D. decides to appeal any de- cision made by.the City �f Commission with respect to any matter considered at this hearing will need a V record of the proceedings (SIGNATURE OF NOTARY PUBLIC) and for such purpose may need bo ensure that a ver- batim record of the pro- To�'^ 6;. acoNlly ro L.Bezak ceedings is made, which record includes the testi- tISSION# DD024939 EXPIRES Tony and evidence upon July 20,2005 which the appeal BG,^JpED THRU TROY FAIN INSURANCE,INC. based. -- -. In accordance with the American with DisabilitiesAct i needin as- (NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) sistancesons to part ciipace in any of the proceedings should contact Charlene PERSONALLY KNOWN OR Johnson, city clerk, 100 West Dania Beach Boule- vard,Dania Beach,Florida • PRODUCED IDENTIFICATION 33004, (954) 924-3622 at least 48 hours prior Lo the meeting.. — ; /s/ Charlene Johnson, CIVIC City Clerk May 31,2002 i Jum 5 ?-002 ! WHERE SHOPPING IS A PLEASURE o r (/ p 1 pPlublix super markets, inc. - January 4,2002 The Honorable Patricia Flury Mayor of The City of Dania Beach 100 W.Dania Beach Boulevard Dania Beach FL 33004 Dear Mayor Flury, Thank you very much for recently taking the time to speak with Assistant Store Manager, Brent Heenan, at your Sheridan Square Publix. Following that conversation,we would like to respectfully submit this letter to you as our formal request for amendment of our current city ordinance prohibiting the sale of alcoholic beverages prior to 1:00 pm on Sundays. We believe that current restrictions barring such purchases inconvenience our local customers -who will shop elsewhere-and diminish opportunities for us to cross merchandise picnic or party items. As official sponsors of the Miami Dolphins,we would like to see our every effort to promote community enthusiasm for our team-especially during Sunday home games—not placed at a disadvantage. Likewise,Publix is the main sponsor of Dania's upcoming Harbor Town Fishing Tournament, which will be held during the weekend, including Sunday. The loss of potential revenue every Sunday negatively impacts all of us who live and work in Dania Beach and nearby. Publix employs over 125 local residents at our two Dania Beach locations, and a new store is slated to open in March. We are committed to supporting this neighborhood in a variety of ways and anticipate working with you often toward that end. Thank you for your consideration. We look forward to your favorable response. Sincerall Y, Richard Rhoads Regional Director /abm cc Bill Fauerbach,Vice President,Retail Operations • Casey Suarez, District Manager Rick Dingman, Store Manager,#267 Sheridan Square Publix Ursula Eivers, Store Manager,#715 Publix at Oakbridge