HomeMy WebLinkAboutO-2019-024 Amend Alcoholic Beverages ORDINANCE NO. 2019-024
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND CHAPTER 4 "ALCOHOLIC BEVERAGES,"
OF THE CITY'S CODE OF ORDINANCES BY AMENDING ARTICLE I "fN
GENERAL," SECTION 4-1 "DEFINITIONS" TO DEFINE SINGLE-SERVING
CONTAINER, ARTICLE II "OPERATION REGULATIONS," SECTION 4-18
"HOURS OF SALE" TO MODIFY THE HOURS OF PACKAGE SALES FOR
LIQUOR, BEER AND WINE FOR OFF-SITE CONSUMPTION CONDUCTED
AS AN ACCESSORY USE TO A RETAIL GROCERY STORE USE WITH A
MINIMUM 27,500 SQUARE FEET, AND ARTICLE II "OPERATION
REGULATIONS," TO CREATE SECTION 4-37 "RESTRICTION ON THE
SALE OF SINGLE-SERVING CONTAINERS;" AND PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances ("Code") in order to update
regulations and procedures to implement municipal goals and objectives; and
WHEREAS, pursuant to Section 166.041 (c)(2), Florida Statutes, notice has been given
by publication in a paper of general circulation in the City, notifying the public of this proposed
Ordinance and of the time and dates of the public hearings; and
WHEREAS, a public hearing was held before the City Commission pursuant to the
published notice described above; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Chapter 4 "Alcoholic Beverages," of the City of Dania Beach Code
of Ordinances is amended to read as follows:
Chapter 4 -ALCOHOLIC BEVERAGES
ARTICLE I.—IN GENERAL
Sec. 4-1.—Definitions.
Single-serving container shall be interpreted to include all single containers of wine that hold
6.75 fluid ounces (200 ml) or less, single containers of liquor that hold 1.7 fluid ounces (50 ml)
or less, and single containers of beer or malt liquor that hold 41 fluid ounces (1,213 ml) or less.
ARTICLE II.—OPERATION REGULATIONS
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 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 7:00 a.m., except as
provided in this section. No person, 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 12:00 p.m. on Sunday or any weekday between the hours of 2:00 a.m. and
7:00 a.m. Notwithstanding the foregoing prohibitions set forth in this section, liquor
sales for off-site consumption conducted as an accessory use to a permitted grocery store
of at least 27,500 square feet shall be permitted to sell or offer for sale or deliver any
liquor, beer or wine by package, bottle or container, during standard store operating hours
including between the hours of 7:00 a.m. and 12:00 p.m. on Sundays.
Sec. 4-37.—Restriction on the sale of single-serving containers.
(a) No person, vendor or distributor shall sell or offer for sale any single-serving
container of liquor, beer or wine for off-premise consumption. This restriction does not
apply to the sale of a manufacturer's package containing more than one single-serving
container of beer or wine that is sold as a single unit.
Sec. 4-3-78. -Reserved.
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Section 3. 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 4. That all ordinances or parts of ordinances in conflict with the provisions
of this Ordinance are repealed to such extent of the conflict.
Section 5. That this Ordinance shall be codified in accordance with the foregoing. It
is the intention of the City Commission that the provisions of this Ordinance shall become and
be made a part of the City of Dania Beach Code of Ordinances; and that the sections of this
Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to
"section", "article" or such other appropriate word or phrase in order to accomplish such
intentions.
Section 6. That this Ordinance shall take full effect immediately upon its passage
and adoption.
PASSED on first reading on November 12, 2019.
PASSED AND ADOPTED on second reading on December 10, 2019.
ATTEST:
r
THOMAS SCHNEIDER, CMC Rf L
CITY CLERK �e� ti MAYOR
Is
APPROVED
AS TC FORM AND CORRECTNESS:
THOM J. h O
CITY ATTORNEY
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