HomeMy WebLinkAboutO-1975-082 ORDINANCE NO. 82
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AN ORDINANCE OF THE CITY OF DANIA SETTING
! EXTENDED HOURSIOR SALE OF ALCOHOLIC BEV-
ERAGES, PROVIDING FOR PROCEDURE FOR REV-
1 I; OCATION OF PERMISSION FOR EXTENDED HOURS , f
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I j WHEREAS, the State of Florida permits the City
of Dania to regulate the selling of alcoholic beverages by� i
setting certain hours of sale, and ,
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WHEREAS , the City of Dania desires to extend the �
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hours of operation as a privilege, and not to create any vested
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right to operate during such hours, and
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l WHEREAS, the privilege of such extended hours
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a i should be contingent on the selling establishment not being
the cause for a public nuisance,
it NOW THEREFORE BE IT ORDAINED BY THE CITY
�I COMMISSION OF THE CITY OF DANIA, FLORIDA:
' Section That the Code of Ordinances of the
' City of Dania is hereby amended by deleting in its e
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it ntirety
" Section 3-48 and substituting the following :
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Ij "Sec . 3-48, Hours of Sale-Regulated
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(a) No person, vendor or distributor shall
sell or offer for sale or deliver or serve
permit to be consumed upon the premises of said
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person, vendor or distributor, any liquor, beer
II or wine regardless of the alcoholic content, on
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any weekday between the hours of 3 :00 a.
7:00 a.m. m. and
, or on Sunday between the hours of
3 :00 a.m. and 1:00 p.m,, and no person; persons,
vendor or distributor shall sell or offer for
sale or deliver any liquor, beer or wine by
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package, bottle or container, between the hours
of 2 :00 a.m. and 1 :00 p.m. on Sunday or any
weekday between the hours of 2 :00 a.m, and
7:00 a.m.
(b) That the
permission granted in paragraph
(a) hereof to operate in excess of the hours
provided by Section 562.14 of the Florida
Statutes, is terminable at the will of the City
j Commission of Dania, ng in
such permission be the form of a privilege and not a right .
(c) That on a finding by the City Commission,
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�I after public notice and after public hearing,
that during the hours permitted to operate
in excess of the state law, the operation of
the premises resulted in or substantially
contributed to the creation of a public nuisance
by disturbing the peace and quiet of the neigh-
borhood , the Commission shall reduce or terminate
in the entirety the permission of a licensee to
operate the hours in excess of the hours
provided by the State Law. At least 10 days
prior to the public hearing the licensee shall
li be provided with the specific charges on which
shall be based the allegations of public nuisance,
which specific charges shall include the time
and date of, and all known witnesses to the
occurrences on which the charge is based .
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Section 2 : That all ordinances or parts of
l ordinances in conflict herewith be and the same are hereby
repealed to the extent of such conflict .
l Section 3 : That this ordinance shall be in
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full force and take effect immediately upon its passage and
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adoption.
1 PASSED and ADOPTED on First Reading on the 18
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1 day of Nov. 1975.
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PASSED and ADOPTED on Second and Final Reading
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on the 2nd day of Dec . 1975 .
Mayor-Commissioner
'! ATTEST :
City Clerk-Auditor
'. APP�{OU fOR FG3i,1 P, JD CCi�iiE�il��fVESS
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City Attorney
City of Dania, Fla,
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