HomeMy WebLinkAboutO-1998-002 ORDINANCE NO.
02-98
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING
ARTICLE II, SECTION 4-18 OF CHAPTER 4 OF THE CODE OF
ORDINANCES RELATING TO EXTENDED HOURS OF SALE OF
ALCOHOLIC BEVERAGES; PROVIDING FOR EXTENDED HOURS
LICENSES AND APPLICATION PROCESS THEREFORE FOR THOSE
QUALIFYING RESTAURANTS AS DEFINED IN SECTION 4-18. 1 (b) ;
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CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH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.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That Article II, Section 4-18 of Chapter. 4 of the
Code of Ordinances of the City of Dania is hereby 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 said 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 1 : 00 p.m. , except as provided
herein. 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 weekday between the hours of 2 : 00 a .m. and 7 : 00
a.m.
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i (b) That the permission granted in subsection (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
commission, such permission being in the form of a privilege and
not a right .
(c) On a finding by the city commission, after public notice
and after public hearing, that during the hours a vendor has been
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 quite
of the neighborhood, the commission shall reduce or terminate in
the entirety the permission of a vendor to operate the hours in
excess of the hours provided by the state law. In determining
whether the vendor' s operation has created a public nuisance, the
city commission shall consider the criteria listed in Section 4-
18 . 1 (c) and (d) . At least ten ( 10) days prior to the public
hearing the vendor shall 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.
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
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public, and if such place of business sells and dispenses
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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
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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 . Tile
annual fee for the issuance of said license shall be one thousand
two-hundred fifty ($1, 250. 00) dollars . 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. 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
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annual license fee of three hundred ($300 . 00) dollars. All such
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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 who wishes to make an
initial application for an extended hours license shall pay a
nonrefundable application fee in the amount of two hundred fifty
($250 . 00) dollars and no/100th 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,
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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 Code. The sale of any
alcoholic beverage shall be incidental tc any food service and
shall be prohibited except when the restaurant is actively
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engaged in serving of full course meals to the public.
j planning and zoning
(c) The specific criteria for the p 9
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 narking 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 .
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These conditions may include, without being limited to provision
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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
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
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denies the renewal, the licensee shall have twenty days from the
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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 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 after 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
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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
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 ($5, 000 . 00) dollars and no/100th for any one
proceeding .
Section 2 . Except as herein amended, all other provisions
of Chapter 4 , Article I1, of the Code of Ordinances 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 herewith be
and the same are hereby repealed to the extent of such conflict .
Section 4 . That this ordinance shall be in force and take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED on First Reading of the 9`. day of
December, 199"1 .
PASSED AND ADOPTED on Second and Final Reading on the 13`
day of January, 1998 .
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MAYOR - CMJ(IISSIONER
ATTEST:
CITY CLERK AUDITOR
APPR AS TO, F 'RM AND CORRECTNESS :
CITY ATTORNEY
ORDINANCE NO. 02-98
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S U N c N r I N E L
PJ )LISHED DAILY NOTICE OF HEARING
FORF LAJJERDALc/ �RO.dARD COUNTY. FI_J.RIJA FLORI-
DA REGARDING ADOPTION FTIHEFOOLLOWIIRGPRO-
CA RAT)N♦ PAL`l 3�ACH COUNTY/ FUJ{IJA POSED ORDINANCES:
NOTICE IS HEREBY GIVEN that the Cltyv Commission of
gI.4'i/ DADc COJNTY/ FLORIDA
me City of Dania. Florida, on January 13, 1998, at 7:30
p.m.or as soon thereafter as the matter May be heard.will
conduct a public hearing9 In the City Commission room of
the Dania City Hall, 10U West Dania Beach Boulevard,
Dania, Florida to consider the proposed adoption of the
S T AT . 'J F F L O R I D A followi❑ Ordinance entitled:
AN O�DINANCE OF THE CITY OF DANIA FLORIDA
COU?ITY OF 1ROd ARD,Ii -+:ACN/DAD__ AMENDING ARTICLE 2 SECTION 6 OF PART VI OF TH9
U=FQ?.E/TH:_UNJ:? SIoVGil AUTH 'JRIT ?`_RSONnLLY A?P _r CITY HATNOTWOREAIVESSH ELECTIONS'PROVIDING
.
THAT CHARTER TWO RELATIVES SHALL SERVE AR WORK AS
POLL WORKERS WITHIN THE SAME POLLING PRE-
G CINCT DURING A MUNICIPAL ELECTION PROVIDING
�l .��C-fL?��1_ .. ._� . .. 'dHJ ON OATH :iAYa TH �ITTOAPOLL
WORKEETERNS, ANIDIVIDALRELdEDTOTE
WORKER MEANS AN INDIVIDUAL RELATED TO THE
HE/S4H: IJ H DULY AUTHO <iL _D REPiRES ENT ATIVG JF TH TER,BROTHER,SIST RTUNRC EOAUNT'FIRStCOUSIN,
NEPHEW, NIECE, HUSIIAND y{rIFE FATHER-IN-LAW,
CLAS.;IfI D JEPARiM9NT JF TH3 SUV—SENTINEL/ DAILY SISTER-IWLAW. STEPFATHER, STFPMOTHER, STEP-
NEWSPAPLR PU-fLI ;HED IN 340O ARD/r'AL�I 3EACH/JAJ_ CJi HALF ON STEPDAUGHTER,
H"ALF SISTERHPRbVIDINGI THAT
ALL POLL WORKERS SHALL ROTATE THROUGH VARI-
FLJRIDA THAT Td= ATTACH=D CJ aY :)F AD'J ERiISG7= !T/ SERVE OR WORKIN THE AME POLLING PRECINCT IN
TWO CONSECUTIVE MUNICIPAL ELECTIONORK S ER; PROVID•
NANCES INTHAT ALL ORDINANCES CONFFLICT HEREWIOTH BE PARTS
REP REPEALED TO
N O T i C THE EXTENT OF SUCH CONFLICT;AND PROVIDING FOR
AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF DANIA.FLORIDA
IN THE MATT-R J F AMENDING ARTICLE It,SECTION 4-10 OF CHAPTER d
OF EXTEND-
ED HOURS OF SALE CODE E ALCOHOLIC BEVERAGESTING TO ?1PRO-
VIDING FOR EXTENDED HOURS LICENSES AND APPLI-
JANUAP,Y � S/ 197; CATION PROCESS THEREFORE FOR THOSE
QUALIFYING RESTAURANTS AS DEFINED IN SECTION 4-
1S.1 B11;PROVIDING THAT ALL ORDINANCES OR PARTS
OF �fiDINANCES IN CONFLICT HEREWITH BE SE-
IN Tit CIRCUIT C O U R T/ d A> PU J L I4 n c D IN a AI J V' '!'''PROVIDING FOR THE EXTENT AND
A copy of these Proposed Ordinances are on file In the
T H C I • SUES O F office of the City Clerk,City Hell, 100 West Dania Beach
Boulevard, Dania, Florida, and may be Inspected by the
public during normal working hours.
Interested parties may appear at the aforesaid meeting
and be heard with res ect to the proposed.
AFFTA'li FJriTHER SAYi THAT THE SAID SUN—Sc VTI N_L the City Commission Withespectt to any matter considered
VEWS^A?ER PUJLI SH EJ IN SAID .IRO`AARD/PAL�4 JcACH/DA at this
urrposn y need recordo ensure that ad verbatim
OUNTY/ FLJRIDA/ AVU THAT THc SAID NEWSPd'? ? HAS the testmoony end evvidence upon which the appeaincludes
islto e
dEE;J CONTIHJOUS LY ? U3LISH cD IN SAID JR OWARD/:'AL:^ baIn accordancewith the American with Disabilities Act,
COUNTY/ FLORIDA/ EACH DAY/ AND HAS SEEN ENTERED Apoceedinons esshould assistance
contactMarieJabalee,,Cli Clerk Too
CLASS ''I A T T d k AT THE POST O f F I C E IN FORT LA J D_ R J A LI�ssen00 ext.Beach eileast 4e'hours prior to the0m4eeting.
DROWARD COUNTY/ FLORIDA/ FOR A PcRIOU OF ONE Y =ArR /I'yMCar`e Jeoslee
PRECEDINu THE FIRST PU3LICATION OF THE ATTACHED C(o,icember30, 1997
ADVERTIStEMZNTi AVD AFFIANT FURTHER SAYS THAT HL/ 5 HE HAS
NEITHci PAID NJ3 PROH13 ED ANY PERSON/ FI, M ):i C0:2PORATIJN
ANY DISCOUNT/ RE3ATE/ COjIdISSIJN OR R=FUyD FJR THE PURPOSE
OF $:CURING THIi ADVERTISEME'ff FOR PJ3LICATIJN IN SAID
NEWSPAPER.
( Sdu-NATURL JF •AFFIANT)
SW3R7l TO AND SJJSCRI3ED JEFOtE_ N�
THIS , J DAY JF DcCEP13Ed
A.D. 1797
�A fir: MY COMMINON/cc 6w:'• I
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