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Home My WebLink AboutO-1967-515 ORDINANCE NO. 515 AN ORDINANCE REPEALING ALL EXISTING ORDINANCES OF CITY OF DANIA, FLORIDA, WHICH PROVIDE FOR A SEPARATE ZONING CLASSIFICATION OR LICENSE CLASSIFICA- TION FOR NIGHT CLUBS TO THE EXTENT THAT SUCH ORDINANCES PURPORT TO AL- LOW SO CALLED NIGHT CLUBS TO SELL AL- CO HOLIC BEVERAGES AT HOURS LATER THAN OTHERS; AND AMENDING SECTION 17-29, CODE OF ORDINANCES, CITY OF DANIA, FLORIDA, BY ADDING AN ADDITION- AL PARAGRAPH TO PROVIDE THAT ALL VENDORS HOLDING BEVERAGE LICENSES WHICH PERMIT THE SALE OF BEVERAGES OF ANY ALCOHOLIC CONTENT FOR CONSUM- PTION ON PREMISES OR HOLDING SPECIAL HOTEL OR RESTAURANT BEVERAGE LIC- ENSES MAY REMAIN OPEN FOR AN ADDI`IION- AL PERIOD OF TWO HOURS BY PAYING AN ADDITIONAL OR EXTRA LICENSE FEE OF $200. 00 PER ANNUM; AND PROVIDING FOR TERMS AND CONDITIONS UNDER WHICH �..� SAID LICENSE, TO BE KNOWN AS AN EXTRA HOURS LICENSE, MAY BE SUSPENDED, TER- MINATED AND REVOKED; AND DETERMINING THAT SUCH CLASSIFICATION IS REASONABLE; AND PROVIDING FOR PENALTIES FOR VIOLATION OF ANY SECTION OF THIS ORDINANCE: AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, under the provisions of Chapter 562. 45, Florida Statutes, municipalities have the right to enact ordinances regulating and governing, among other things, the hours of business of places where all types of alco- holic beverages are sold; and WHEREAS, it is the settled law of the State of Florida that acquisition of a license to sell alcoholic beverages is a matter of privilege subject to regu- lation by governmental authoz-ity under its police power; and I WHEREAS, it has been held by appellate courts of the State of Florida that municipal ordinances regulating the hours of sale of alcoholic beverages i I i i i j � {1 are not required to be applied uniformly to all licensed vendors within the I municipality if there is a reasonable basis for classification; and WHEREAS, various ordinances have been previously adopted by City of Dania, Florida, concerning night clubs which have as their primary purpose that of allowing such night clubs to sell alcoholic beverages at hours beyond the usual closing hours of other places of business licensed to sell alcoholic beverages; and WHEREAS, the City Commission desires to repeal all ordinances creating or providing for a separate or special classification concerning night clubs; and WHEREAS, the City Commission further desires to amend Section 17-29, Code of Ordinances, City of Dania, Florida, as previously amended, i i to provide additional hours of sale for holders of certain types of alcoholic beverage licenses, provided that such holders pay an additional or extra license fee of $200. 00 per year, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. - That all existing ordinances of City of Dania, Florida, concerning night club licenses are hereby repealed to the extent that the ord- inances concerning such licenses provide for a separate zoning classification for night clubs and to the extent that such ordinances purport to allow so called z"I night clubs, or holders of night club licenses, to sell alcoholic beverages at hours later than others vho hold alcoholic beverage licenses but who do not 1 hold night club licenses, i Section 2. - That Section 1.7-29, Code of Ordinances, City of Dania, Florida, as same has been previously amended by Ordinance No. 420, adopted i - 2 - ii ! i on August 1 1960, be and the same is hereby further amended to read, after amendment, as follows: i Regulations concerning the hours of sale of liquor, beer or wine consumed upon the premises, and by package, bottle or container; and providing for a license permitting an additional two hours of sale, to be known as an extra hours license; and Providing for the terms and conditions under which such extra hours license may be suspended or revoked; (1) - No person, vendor or distributor shall sell or offer sale or deliver or serve or permit to be consumed upon the premises of said person, vendor or distributor, any liquor, beer or wine regardless of the alcoholic content, on any week day between the hours of 2:00 a. in. and 7:00 or on Sunday between the hours of 2:00 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 package, bottle or container, between the hours of 2:00 a m. and 1:00 p. m. on Sunday or any week day between the hours of 2:00 a. m. and 7:00 a m. ; (2) - All vendors in City of Dania, Florida, who hold so called 4-COp licenses as defined by the Beverage Law of the State of Florida, which said 4-Cop licenses permit the sale for consumption on premises of beverages of any alcoholic content, and all vendors in City of Dania, Florida, who hold so called special hotel or restaurant alcoholic Bever- age licenses as defined in Chapter 561. 20 (2), Florida Statutes, may remain open for an additional period of two hours beyond the closing hours as stated in the previous sub- paragraph and may sell alcoholic beverages during such additional period of two hours by applying for and obtaining from the city a lic- ense to be known as an "extra hours license. "j Said extra hours license shall be issued annu- ally for the license year beginning on October 1 and ending on September 30 of the following year. The amount to be paid for such extra hours license shall be $200. 00 per annum; (3) - If any extra hours licensee, his employee, 1 agent, servant, or any entertainer employed at the licensed premises or employed on a contractural basis to entertain, perform or work upon the licensed premises, is charged in the municipal court of the City of Dania, Florida, with a violation of Ordinance No. 419 I' 3 - `j Y i i of City of Dania, Florida, adopted on August 1, 1960, or Ordinance No. 483 of City of Dania, Florida, adopted on September 13, 196Ei, or of Chapter 562. 131, Florida Statutes, which, by reference, is made an offense in Dania under the provisions of Section 20-16, Code of Ordin- ances, City of Dania, Florida, then, in any of such events, the rights of the holder of such ex- tra hours license shall be automatically suspen- ded and such extra hours licensee shall not have the right to sell alcoholic beverages for an add- itional period of two hours as provided in sub- paragraph (2) herein, until a final adjudication or final disposition is made of the charges in the municipal court; (4) - If any extra hours licensee, his employee, agent, servant, or any entertainer employed at the lic- ensed premises or employed on a contractural basis to entertain, perform or work upon the licensed premises, is found guilty in the munici- pal court of the City of Dania, Florida, of a vio- lation of Ordinance No. 419 of City of Dania, Florida, adopted on August 1, 1960, or Ordin- ance No. 483 of City of Dania, Florida, adopted on September 13, 1965, or of Chapter 562. 131, Florida Statutes, which, by reference, is made an offense in Dania under the provisions of Sec- tion 20-16, Code of Ordinances, City of Dania, Florida, then, in any of such events, the rights of the holder of such extra hours license shall be automatically revoked. Said termination and said revocation shall remain in force and effect for the remainder of the license year during which the extra hours license was issued and for an additional period of six months during the subsequent license year. Section 3. - That the City Commission does hereby determine that the method of classification adopted in Section 2. herein is reasonable and that the charge of an additional license fee of MO. 00 per year, as provided in i j said Section 2. , is also reasonable in view of anticipated extra police pro- tection which shall be furnished those license holders desiring to remain i open for business for an additional period of two hours, as provided in Section 2. Section 4. - If any court of competent jurisdiction declares any part of this ordinance to be illegal, void or unconstitutional, then, in any of said events, all parts of this ordinance purporting to give certain licensees the right to sell alcoholic beverages for an additional period of two hours, under _ 4 - the authority of the extra hours license as previously described, shall be I deemed automatically repealed, and thereafter, all licensees having the i right to sell alcoholic beverages in the City of Dania, Florida, shall term- i inate the sale of such beverages at 2:00 a. m. of each day and shall not re- til the hours set forth in sub-paragraph sume the sale of alcoholic beverages un (1) of Section 17-29, Code of Ordinances, City of Dania, Florida, as amen- ded herein. Section 5. - It sha11 be unlawful to commit within the City of Dania, Florida, any act which violates any provision of this ordinance and the en. Violation of any provision of this commission of any such act is forbidd ordinance shall be punishable by a fine not exceeding $500. 00 or imprison- ment for a term not exceeding ninety days, or by both such fine and imprisonment. j Section 6. - That all ordinances or parts of ordinances in conflict here- with be and the same are hereby repealed to the extent of such conflict. Section 7. - That this ordinance shall be in force and take effect as of October 1, 1967. PASSED and ADOPTED on First Reading this 18th day of September, 1967. PASSED and ADOPTED on Second Reading this 25th day of September 1967. i PASSED and ADOPTED on Third Reading this 25th day of: September 1967. hzif Attest: Mayor-Commissioner ,/ City Clerk-Auditor � I