HomeMy WebLinkAboutO-1978-166 i
ORDINANCE NO. 166
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING
ARTICLE 4 OF ORDINANCE 100 , ENTITLED "DISTRICT
REGULATIONS" AND THE SCHEDULE OF USES THEREUNDER,
TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES WITHIN
THE CITY OF DANIA, FLORIDA, FOR CONSUMPTION ON THE
j PREMISES BY ANY PERSON AT ANY LOCATION WITHIN ONE
THOUSAND (1, 000) FEET OR ANY ESTABLISHED SCHOOL OR
j CHURCH WITHIN THE CITY OF DANIA, FLORIDA; AND
PROVIDING THE MANNER OF MEASUREMENT OF SUCH DIS-
TANCE; AND PROVIDING THAT ALL ORDINANCES OR PARTS
{ OF ORDINANCES AND ALL RESOLUTION OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT: AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, as provided in Article VIII, Section 2 (b) of
the Constitution of the State of Florida, the Legislature of
State of Florida has in and by its enactment of Chapter 166,
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Florida Statutes, known and cited as the "Municipal Home
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Rule Powers Act" delegated the responsibility to local
governmental units to adopt regulations designed to promote
public health, safety and general welfare of its citizenry.
WHEREAS, the City Code of the City of Dania, Florida,
J has for many years prohibited the sale of alcoholic beverages
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within a distance of one thousand (1, 000) feet of any established
school or church located in the City of Dania, Florida; and
WHEREAS, the City Commission of the City of Dania,
Florida, has determined that in order to preserve and promote
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the public health, safety and general welfare of its citizens
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it is desirable and necessary to prohibit the sale of alcoholic
beverages within a reasonable distance from any established
school or church, and has further determined that such
reasonable distance is one thousand (1, 000) feet.
NOW, THEREFORE, IN ORDER TO ACCOMPLISH THE FOREGOING,
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
j FLORIDA:
Section 1. Definitions
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The following words and terms as used in this ordinance
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are defined as follows :
(a) CHURCH: The word "church" shall mean a structure
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or structures owned and utilized by a religious organization
for worship and religious training or education.
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(b) SCHOOL: The word "school" shall mean a structure
or structures, including the open space areas used for
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recreation and physical education purposes, where instruction
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in elementary and secondary subjects is given under direction
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of and by personnel of the public school system of Broward
j County, Florida.
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(c) INTOXICATING BEVERAGES: The words "intoxicating
beverages" shall include all liquors, wines and beers con-
taining more than three and two-tenths per cent (3. 2%) of
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alcohol by weight.
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(d) ALCOHOLIC BEVERAGES: The words "alcoholic
beverages" shall include all beverages containing more than
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one per cent (1%) of alcohol by weight.
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(e) LIQUOR: The word "liquor" means and includes any
and all distilled or rectified spirits, brandy, whiskey,
rum, gin, cordials, or similar distilled alcoholic beverages.
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(f) WINE: The word "wine" means the product of the
normal alcoholic fermentation of the juice of fresh, sound,
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ripe fruit, with the usual cellar treatment and necessary
additions to correct defects due to climatic saccharine and
seasonal conditions, including champagne, sparkling and
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fortified wine of an alcoholic content not to exceed twenty- !
four per cent (24%) by volume. No other product shall be
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called "wine" unless designated by appropriate prefixes
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descriptive of the fruit or other product from which the
same was predominiantly produced or as artificial or imi-
tation wine.
(g) BEER: The word "beer" shall be interpreted to �
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include all malt beverages containing more than one per cent
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(1%) of alcohol by weight, and not over fourteen per cent
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(h) CONSUMPTION ON PREMISES: The words "consumption on
j premises" shall mean consumption of all beers, wines or
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alcoholic beverages of every kind, or the right to sell by
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the drink or bottle such beverages.
{ Section 2 . Article 4 of City of Dania, Florida, Ordinance j
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Number 100, passed and adopted on July 13, 1976, entitled
"District Regulations" be and the same is hereby amended by
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amending the Schedule of Uses regulation in the C-1 (Commercial
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Offices District) and the C-2 (Commercial District) by
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adding the following language as a condition and restriction
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j to the permitted uses in both said districts:
"The sale of any intoxicating beverages or alcoholic
beverages such as liquor, wine or beer for consumption on
the premises under the permitted uses of this district shall
be prohibited by any person at any location within one
thousand (1, 000) feet of any established school or church,
measured by the shortest straight line from building to
building, except that in case of a school, to the nearest
point of the school grounds used as part of the school ' s
facilities. Whenever a permit or license has been lawfully
procured, and thereafter, a school, church or church building
be established within a distance otherwise prohibited by
law, the establishment of such school, church or church
building shall not be cause for revocation of the permit or
occupational license or prevent the subsequent renewal of
same.
j Section 3 . That except as herein amended all other
provisions of said Article 4, of said Ordinance 100, shall
remain in full force and effect.
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Section 4 . That all resulutions or parts of resolutions
and all ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed to the extent of such conflict.
Section 5. That this ordinance shall be in force and take
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effect immediately upon its passage and adoption.
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iPASSED and ADOPTED on First Reading on the loth day of
January 1978 .
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PASSED and ADOPTED on Second and Final Reading on the 24th
day of January 1978•
MAYOR - COMMISSIONER
ATTEST: 1
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CITY CLERK - AUDITOR
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APPR VED FOR FORM ANwD �C RRECTIVENESS
BYqr� C
1 CITY ATTORNEY -CITY OF DANIA,FLORIDA
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