HomeMy WebLinkAbout1991-041l7191(ORD1)Legal(Ob)
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ORDINANCE 91-4
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA ESTABLISHING TITLE III, POLICE
POWER ORDINANCES CHAPTER 300 - ALCOHOLIC
BEVERAGES OF THE CODE OF INDIAN RIVER
COUNTY; PROVIDING REPEAL; PROVIDING
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
BSI -T ORDAMED b"e -Board o-f--£-unty
Commissioners of Indian River County, that:
SECTION 1.
REGULATIONS OF ALCOHOLIC BEVERAGES.
Chapter 300 — Alcoholic Beverages of Title III -
Police Power Ordinances as set forth in Attachment A to this
ordinance is hereby adopted.
SECTION 2.
REPEAL
Those portions of the Indian River County Code
(1974 edition) superseded or in conflict with the provisions
herein adopted, in particular Chapter 2, Alcoholic
Beverages are hereby repealed.
SECTION -3.
SEVERABILITY.
If any section, or if any sentence, paragraph,
phrase, or word of this ordinance is for any reason held to
be unconstitutional, ino emotive or void, such -holding
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 4.
EFFECTIVE DATE.
This ordinance shall become effective upon
becoming law,
ppFprron anda od pted U the ol�ard o County -
Commissioners
nu ty
Commissioners of Indian River County, Florida, on this 12th
day of February__, 1991.
This ordinance was advertised in the Vero Beach
RtessJJour_nal. oL-the 24t�—day 0 a -aLr —__ 1.9.90—f_or a
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public hearing to be held on the �� day of EP�su3��
1991, at which time it was moved for adoption .by
Commissioner Ihegler _ seconded by Commissioner
_Eggert__, and adopted by the following vote:
Chairman Richard N. Bird Aye—
Vice Chairman Gary C. Wheeler 4�Lc–_
Commissioner Margaret C. Bowman 4-e---
�orrm i s sone r Ca r o y�E g 9 e r Ay-e�—
Commissioner Don C. Scurlock, Jr.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By --%�
Chairman
i
i
Attest By
rey'rto
gClerk A/f
aL
Acknowledgment by the Department of State of the, State of
Florida, this 18th day of �� ______. 1991.
Effective date: Acknowledgment from the Department of State
received on this 21st day of February , 1991, at 9:30
a_m./p.m. and filed in the Officeo tFie -Clerk of the hoard
of County Commissioners of Indian River County, Florida.
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le.
"Appr,,edaie
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ATTACHMENT "A"
CHAPTER 300. ALCOHOLIC BEVERAGES
§ 300.01 Conformity with state law,
Prohibited ours of sale, umption,
§ 300,03 Premises closed during prohibited hours.
§ 300,04 Removal of alcoholic beverages in open or unsealed
container from licensed premises.
§ 300.05 Restriction on Location of license premises.
300�00--tair, states of undress and acts prohibited on
license premises.
§ 300.07 Possession or consumption on public property
prohibited.
Section 300.01, Conformity with state law.
The provision and terms of this chapter shall be
construed according to and in conformity with "The Beverage
Law"of the State of Florida as set forth in the Florida
Statutes.
Section 300.02. Prohibited hours of- sale,
--service - and
consumption,
(1) PPol-lbit�hours,oN a of is beverages shal-rb
eonsumed�tI U..y . i eensed pr-emi ses between
1:00 a.m, and 7:00 a,m, except as hereinafter provided.
(2) New Years. The time 1:00 a,m, specified in
paragraph-{aj--o-f this sect-ion-A-s—ex-ended 0-3:44-a.m.
Section 300.03. Premises closed during prohibited hours.
--------------------------------------------------------
(1) Any licensed premises within the unincorporated
area of the county shall be closed to the public and the
doors locked during the pro [Ited hours of save; Provlrdecl,
however, if other business is conducted on the premises that
portion of the premises necessary to the conduct of such
other business may remain open to the public provided the
area from which alcoholic beverages are dispensed is closed
(2) Notwithstanding the requirements of paragraph (a)
of this section, the owner or employee if present on the
licensed premises during the p-rohibited hours of sale shal-I
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promptly admit to the premises any po l -i -c -e— o-f-fA-c-e-r or -i -r -e
officia! of Indian River County.
(3) No music shall be played during the prohibited
hours of sale on licensed premises that are required to be
closed under paragraph (1) of this section.
Section 300,04. Removal of alcoholic beverages in open -or
--T-,- -T- ---------==----------------
unsealed —conta i ner— rroiii—! i ceiiised_pr em! ses_
(1) It is unlawful for any person to take from licensed
premises any open beer, wine, liquor, or other alcoholic
beverages container or to take from licensed premises any
glass, so-called "go cup," or other opened or unsealed
container containing an alcoholic beverage or any mixture
containing an alcoholic beverage.
(2) It is unlawful for any person or employee of
licensed premises to knowingly allow any person to take from
the licensed premises any opened beer, wine, liquor, or
other alcoholic beverage, or to knowingly allow any person
to take f"m ttie (-icensed premis-es an�g_lass, s9 -called "99cup," or other opened or unsealed container containing an
alcoholic beverage or any mixture containing an alcoholic
everage.
(3) The parking lot or parking area of a licensed
premises shall not be considered as part of the licensed
premises for the purpose of this Section. Therefore, it is
illegal to take an opened container containing an alcoholic
beverage from the enclosed buil-di-ng or approved patio to the
parking lot or parking area or to have an open container
containing an alcoholic beverage in said parking area or in
a vehicle in said parking area.
Section 300.05. Restriction on location of licensed
premises_
(1) The following separation distances shall be
required between alcohol sales establishments and any church
or school in the county.
(a) Alcohol sales establishments where
on -premises consumption of alcohol is
permitted shall not locate within one
thousand (.1 000) feet of an established
church or school.
(b) Alcohol sales establishments where
on -premises consumption is not permitted
shall not locate within five hundred (500)
feet of an established church or school.
Alcohol vendors licensed under paragraph (a)
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of subsection (1) of Chapter 563.02 of the Florida
Statutes are exempt from this provision (vendors
of alcoholic malt beverages commonly known as beer
for off -premises consumption only).
(2) This required separation distance shall be measured by
following the shortest route or ordinary pedestrian travel
along the public thoroughfare from the main entrance of such
place of business to the main entrance of the church and, in
the case of a school, to the nearest point of the school
grounds in use as part of the school facilities except:
(a) Where such established church or school is within
the limits of an incorporated city or town and the
applicant for such license is outside such
incorporated city or town and outside any other
incorporated city or town, then and in that event,
the place of business of such vendor in the county
may be the same or a greater distance from such
church or school as is required by the ordinance
of the incorporated city or town wherein such
church or school is located.
(b) Should a church or school be established after the
establishment of a place of business of any vendor
for the sale of alcoholic beverages, the
subsequently established church or school shall
not affect the location of the place of business
of any such vendor nor shall it affect a
subsequent renewal or transfer of any license of
such a vendor.
(c) Where such established church or school is located
in the county outside the limits of any
incorporated city or town but so near the I imi is
of one that under the ordinances of that city or
town such a vendor in such city or town could
receive a license within a distance less. than
stipulated by this section of such church or
school, then and in that event, the place of
business of such a vendor in this county outside
any city or town may be the same or a greater
distance form such church or school as any such
vendor duly licensed within such city or town.
Section 3_00.06. Certain states of undress and acts
------------------------------------------------
prohibited on licensed premises.
(1) Legislative authorization, This section is adopted
pursuant to Article Vlll, Section 1, under the State
Constitution and Section 125..01.(0) Florida Statutes.
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(a)
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It shall be unlawful for any person maintaining,
owning or operating a commercial establishment
located within the unincorporated areas of Indian
River County, Florida, at which alcoholic
beverages are consumed or. offered for sale for
consumption on.the premises..
(i) To suffer or permit any female person, while
on the premises of said commercial
establishment, to expose to th"ublic view
that area of the human female breast at or
below the areola thereof.
(2) To suffer or permit any'f:emale person, while
on the premises. of. said commercial
e-st-abi-ishment, to emplo-y a-ny- device or
covering which is intended to give the
appearance of or simulate such portions of
ffi-e—uman femaIe breast as described - in
subsection (b)(1)a.
(3-) Tosuffer orpermit an -y perste whi le on the
premises of said commercial establishment, to
expose to public view his or her genitals,
pub ii a r e a s ; bu— t ec-k s , anus -0-r- �n-a —c-l�f t—
cleavage.
(4) To suffer or permit any person, while on the
premises of said commercial establishment, to
employ any device or covering which Is
intended to give the appearance of or
simulate the genitals, pubic area, buttocks,
anus, anal cleft or cleavage,
(b) It shall be unlawful for any female person, while
on the premises of. a commercial establishment
located within the unincorporated areas of Indian
River County, Florida, at which alcoholic
beverages are consumed or offered for sale for
consumption on the premises, to expose to public
view that area of the human female breast at or
below the areola thereof, or to employ any device
or covering which is intended to give the
appearance or simulate such areas of the female
breast as described herein.
(c) It shall be unlawful for any person, while on the
premises of a commercial estab.lishment located
within the unincorporated areas of Indian River
County, Florida, at which alcoholic beverages are
consumed or offered for sale for consumption on
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the premises, to expose to public view his or her
genitals, pubic 'area, buttocks, anus, or anal
c I ef t or c I eavag ev-ice- or
covering which is intended to give the appearance
of or simulate the genitals, pubic area,
buttocks, anus or anal cleft or cleavage.
Section i 300. ^� -07. PossesS+on�o-f 6�n�LT2EL-On in nub
proFl ted.
(1) It is unlawful for any person to possess or consume
any alcoholic beverages in any cup, glass, or open can, or
other open or unsealed container, on the streets, sidewalks,
alleys, parks, vacant lots, or in places solely licensed to
vend alcoholic beverages for consumption off the premises
within the unincorporated areas of Indian River County.
(2) It shall be unlawful for any person occupying a
motor vehicle that is driven, stoppea, stanaing.or parKea on
any public street, road, highway, alley, or other public
right-of-way within the uncorporated areas of Indian River
County to possess or consume any alcoholic beverages in or
from any cup, glass, open can, open boffle or other open
(3) With respect to possession of open containers of
alcoholic beverages in vehicles, the provisions of state law
all l supersede and—c rmt-rol the prov i s+or}s o#--t-is--Co-cle
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