HomeMy WebLinkAbout2014-013ORDINANCE NO. 2014- 013
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 300.02
(PROHIBITED HOURS OF SALE, SERVICE AND CONSUMPTION) OF
CHAPTER 300 (ALCOHOLIC BEVERAGES) OF THE CODE OF INDIAN
RIVER COUNTY TO ALLOW THE SALE, SERVICE, AND
CONSUMPTION OF ALCOHOLIC BEVERAGES UNTIL 2:00 A.M.;
PROVIDING FOR SUNSET AT 1:00 A.M. ON JUNE 15, 2015; AND
PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Vero Beach recently voted to extend the permitted hours for the
sale, service, and consumption of alcoholic beverages from 1:00 a.m. to 2:00 a.m.; and
WHEREAS, having separate hours for the sale, service and consumption of alcoholic
beverages for the City of Vero Beach and the unincorporated areas of Indian River County
would create confusion and unfair competition;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. Enactment Authority.
Article VIII, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home
rule powers in counties to enact ordinances, not inconsistent with general or special law, for the
purpose of promoting the public health, safety and welfare of the residents of the county. The
Board specifically determines that the enactment of this ordinance is consistent with general or
special law, and is necessary and appropriate to promote the health, safety and welfare of the
residents of Indian River County.
Section 2. Findings.
The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates
such clauses as findings of the Board.
Section 3. Amendment of Section 300.02 (Prohibited hours of sale, service and
consumption) of Chapter 300 (Alcoholic Beverages) of the Code of Indian River County
(the "Code").
CODING: Words in strike tIffough format are deletions to existing text; words in underlined
format are additions to existing text.
1
ORDINANCE NO. 2014- 013
Section 300.02 (Prohibited hours of sale, service and consumption) of Chapter 300 (Alcoholic
Beverages) of the Code of Indian River County is hereby amended to read as follows:
Section 300.02. Prohibited hours of sale, service and consumption.
(1) Prohibited hours. No alcoholic beverages shall be sold, served, or consumed in
any licensed premises between 4:00 2:00 a.m. and 7:00 a.m. except as hereinafter
provided.
(2) New Years. The time 440 2:00 a.m. specified in paragraph (1) of this section is
extended to 3:00 a.m. on January 1 of each year.
Sunset. The amendment, pursuant to Ordinance 2014-o13 adopted July 1, 2014,
of the commencement time of the prohibited hours of sale, service, and
consumption of alcoholic beverages provided in this section 300.02 from 1:00
a.m. to 2:00 a.m. shall sunset and automatically revert to 1:00 a.m. on June 15,
2015, unless reviewed and saved through reenactment of such amendment by the
Board of County Commissioners.
Section 4. Severability.
If any part of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall
remain in full force and effect.
Section 5. Codification.
It is the intention of the Board of County Commissioners that the provisions of this ordinance
shall become and be made part of the Indian River County Code, 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 intention.
Section 6. Effective Date.
This ordinance shall become effective upon filing with the Florida Department of State.
This ordinance was advertised in the Vero Beach Press Journal, on the 19 day of June, 2014, for
a public hearing to be held on the 1St day of July, 2014, at which time it was moved for adoption
by Commissioner Solari -, seconded by Commissioner F l e s c h e r, and adopted by the
following vote:
CODING: Words in strike thfeugh format are deletions to existing text; words in underlined
format are additions to existing text.
2
ORDINANCE NO. 2014- 013
Chairman Peter D. O'Bryan
Aye
Vice Chairman Wesley S. Davis
Aye
Commissioner Joseph E. Flescher
Aye
Commissioner Bob Solari
Aye
Commissioner Tim Zorc
Nays _
The Chairman thereupon declared the ordinance duly passed and adopted this 1 stday of July,
2014.
ATTEST: Jeffre R. Smith, Clerk If Court
an om 611
B
De ty lerk
BOARD OF COUNTY COMMISSI CRs *•''•"
INDIAN RIVER COUNTY, FLOP o
By:
Peter D. O' Bryan, ChaiNDI
rman '�; ,� •., . ' 1 �oJr'
Approved as to form and legal sufficiency: '"'.~ '•.
ylan Reingold, County Attorney
EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the
day of , 2014.
CODING: Words in stfike thfough format are deletions to existing text; words in underlined
format are additions to existing text.
3