HomeMy WebLinkAboutO-2020-006 Amending Sec. 4-18 Modifying Hours of Alcoholic Beverage Sales at Grocery Stores (Publix)ORDINANCE NO. 2020-006
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 4 "ALCOHOLIC
BEVERAGES," OF THE CITY'S CODE OF ORDINANCES BY AMENDING
ARTICLE II "OPERATION REGULATIONS," SECTION 4-18 "HOURS OF
SALE" MODIFYING THE HOURS OF PACKAGE SALES FOR ALCOHOLIC
BEVERAGES FOR OFF-SITE CONSUMPTION WHICH SALES ARE
CONDUCTED AT A RETAIL GROCERY STORE USE WITH A MINIMUM
27,500 SQUARE FEET; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; FURTHER, 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 newspaper 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 Article II "Operation Regulations," of the City of Dania Beach
Code of Ordinances is amended to read as follows:
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, liftHer
alcoholic beverage sales for off-site consumption conducted within a grocery store of at
least 27,500 square feet or 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, as applicable, during standard store
operating hours including between the hours of7:00 a.m. and 12:00 p.m. on Sundays.
* * *
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-Iettered 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.
and adoption.
That this Ordinance shall take full effect immediately upon its passage
2 ORDINANCE #2020-006
PASSED on first reading on March 10, 2020.
PASSED AND ADOPTED on second reading on April 28, 2020.
ATTEST:
THOMAS SCHNEIDER
CITY CLERK
APPROVED AS FORM AND CORRECTNESS:
3 ORDINANCE #2020-006