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HomeMy WebLinkAbout1984-93ORDINANCE NO. 84- 93 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE HOURS OF SALE OF ALCOHOLIC BEVERAGES; AMENDING SECTION 2-1 OF THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR UNIFORM HOURS OF SALE ON ANY GIVEN DAY; CODIFICATION, SEVEF.ABILITY AND EFFECTIVE DATE. WHEREAS, Counties are authorized by Article VIII, Section 5, of the Constitution of the State of Florida and Florida Statutes §562.14 to regulate the hours of sale of alcoholic beverages within the unincorporated areas of their respective counties; and WHEREAS, the effectiveness and purpose of current County regulations regarding hours of sale on Sunday have been diminished by the adoption of less restrictive municipal regulations, resulting in the creation of an unnecessary hardship upon County merchants and vendors. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows: SECTION ONE - Section 2-1, Hours of sale, of Chapter 2, ALCOHOLIC BEVERAGES, of the Code of Laws and Ordinances of Indian River County, Florida, is hereby amended to read as follows: SECTION 2-1. HOURS OF SALE The hours of sale of alcoholic beverages within the territory of Indian River County, Florida not included within any municipality are established as follows: (a) No alcoholic beverages, that is, all beverages containing more than one percent (1%) of alcohol by weight, may be sold, consumed, or served or permitted to be served or consumed in any place holding a license under the State Beverage Division of Florida between the hours of 1:00 A.M. and 7:00 A.M. of eaQh- Tuesday;-Wednesday-Tharsday;-Friday-er-Saturday, any given day of the week, including Saturday and Sunday. Ebb ---Ne- -that--rs-,---a33--beverages earitatrtteg-mere-then-erre-ger-eeet-e€-aleehel-hp-we}ght;-map-he -1- NOTE: Words in struck -through -type are deletions from existing law; words underlined are additions. sold;-eansnmed-ar-seri eel -or -cited -tom be served ��-ec3r�sumec}-€n any -plaee-*e4d4-ng-,a j_i-cettse--under--the-8tate- �e--D�i�-i s-io�,caf Fl errda- between -the- hocr� -e€-� :-01) -A-M-- attd-3:9-0--P M.--, ea -ch Sunday. +e+---No--+�erages;--that--i s,--.a-1-.--Heeesages eontaln€ng-more--t-ha-n--one-pe-r--cunt-a€-a�eolirri--lyp-we#ght7-moray -be sold ;-eoflsamed;-served--car-perm€tied-to--sereed-frr--eorrsumed 4n- aay- place- +roil-i-nq--fi- - rrde�-the-t a e- Be�terege -Divi giorr-o€ Flerida-between-the-beers-e€-l�rAl-R-M--aed-�rAA-R-M--ea-Mandap-e€ eaeh-weep. (b) The above established hours shall not apply to December 31st (New Year's Eve), which shall be extended until 3:00 A.M. on January 1 (New Year's Day). SECTION TWO CODIFICATION The provisions of this ordinance shall be incorporated into the Code of Laws and Ordinances of Indian River County and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such purpose. SECTION THREE SEVERABILITY If any section, subsection, sentence, part thereof, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION FOUR EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Depart- ment of State. -2- NOTE: Words in struek-through-type are deletions from existing law; words underlined are additions. Approved and adopted by the Board of County Commission- ers of Indian River County, Florida, on this 12th day of December, 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By DON C. SCU LOCK, JR Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY:' By/- County.Attorney J Acknowledgment by the Department of State of the State of Florida this 17th day of December, 1984. Effective Date: Acknowledgment from the Department of State received on this 20th day of December, 1984, at 10:30 A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. -3-