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Indian River County has the power to adopt such an ordinance <br />on a county -wide basis. However, such an ordinance will not <br />restrict the open consumption of alcoholic beverages on <br />private property. <br />II. PROHIBITING MINORS ACCESS TO NIGHTCLUBS. <br />The Indian River County Board of County Commissioners is <br />preempted by Florida law from enacting local ordinances <br />restricting the age of persons who may cons-ume alcoholic <br />beverages. However, the concerns addressed by the <br />Ministerial Alliance are fully covered by existing state <br />law. Florida Statutes clearly prohibit licensed dealers of <br />alcoholic beverages to serve such beverages to persons under <br />21 years of age. See Section 562.11, Florida Statutes 1985. <br />It is also unlawful for persons under 21 years of age to <br />possess alcoholic beverages within the State of Florida. <br />See Section 562.111, Florida Statutes 1985. Persons owning <br />dance halls at which alcoholic beverages are served shall <br />not allow minors under 18 years of age to enter such <br />establishments unless their parent or parents are present. <br />See Section 562.48, Florida Statutes 1985. Under no <br />circumstances, even when a parent is present, shall any <br />dance hall or night club serve alcoholic beverages to <br />persons under 21. <br />LOITERING AND VAGRANCY_ LAWS. <br />Section 856.021 of the Florida Statutes prohibits loitering <br />or prowling "in a place, at a time or in a manner not usual <br />for law-abiding individuals, under circumstances that <br />warrant a justifiable and reasonable alarm or immediate <br />concern for the safety of persons or property in the <br />vicinity." This statute is not a "catchall" for vaguely <br />undesirable conduct, but instead is a specific prohibition <br />against conduct which is deemed to threaten the public <br />safety. There are no laws prohibiting individuals from <br />a <br />gathering on private or public property unless the <br />individuals -become unruly to the point of violating statutes <br />3 prohibiting disorderly conduct, disorderly intoxication or <br />other similar statutes. The First Amendment poses severe <br />.limitations upon loitering laws. Such laws will be upheld <br />only if the conduct prohibited threatens public safety or <br />constitutes a breach of the peace. <br />1V. CURFEW LAW. <br />Section 870.045 of the Florida Statutes grants local <br />officials the power to impose a curfew whenever a state of <br />emergency is declared. However, absent a state of <br />emergency, local ordinances imposing a curfew upon minors <br />would probably be declared unconstitutional by the courts, <br />based upon the decision of W.J.W. vs. State, 356 So.2nd 48 <br />(Florida Cases 1978). In that case, the court held that a <br />City. of Pensacola ordinance imposing a curfew upon minors <br />under the age of 16 was an unconstitutional invasion of <br />personal rights and liberties. <br />V. CLEAN TOWN ORDINANCE. <br />Indian River County presently has in effect numerous <br />ordinances which promote the health, safety and welfare of <br />the citizens by requiring businesses and residences alike to <br />maintain their property in a clean and orderly fashion. <br />Several appointed boards and departments within the county <br />actively enforce both state and local laws affecting these <br />matters. The boards and departments are as follows: <br />79 <br />JUL 16 1986 <br />BOOK F'r.c 1,6 <br />