HomeMy WebLinkAbout2012-037ORDINANCE 2012- 037
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 205 OF
THE CODE OF INDIAN RIVER COUNTY RELATING TO THE SALE
AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE INDIAN
RIVER COUNTY FAIRGROUNDS, THE PLANNED SOUTH COUNTY
INTERGENERATIONAL RECREATION CENTER, AND THE
FACILITY FORMERLY KNOWN AS DODGERTOWN; MAKING
FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, section 205.03(26) of the Code of Indian River County (the "Code")
prohibits the sale or consumption of alcoholic beverages in any County park or recreational
facility; and
WHEREAS, the County owns and rents the Fairgrounds to private groups, including
non-profit groups, for community events or activities, but has often lost rental opportunities
because of the prohibition set forth in section 205.03(26); and
WHEREAS, the County is planning to construct the South County Intergenerational
Recreation Center which will also be rented to private groups, including non-profit groups, for
community events or activities; and
WHEREAS, County staff has conducted an informal survey of several Florida counties
and found that all of the counties surveyed permit the sale and consumption of alcoholic
beverages at facilities similar to the Fairgrounds or the South County Intergenerational
Recreation Center, under specific conditions relating to such issues as licensure, insurance and
security; and
WHEREAS, the Board of County Commissioners has determined that the sale and
consumption of alcoholic beverages at the Fairgrounds and the South County Intergenerational
Recreation Center under specific conditions will increase rental opportunities, result in more
events or activities for community enjoyment, and will not threaten or endanger the public
health, safety and welfare of the residents of Indian River County; and
WHEREAS, the County also owns and occasionally rents to private groups, including
non-profit groups, the facility formerly known as Dodgertown, which is located within the
geographical limits of the City of Vero Beach, and at which the sale or consumption of alcohol
historically has been allowed under local regulation by the City of Vero Beach; and
WHEREAS, the Board has further determined that it is appropriate to amend chapter 205
of the Code to clarify that the prohibition in section 205.03(26) does not apply to events or
activities within the facility formerly known as Dodgertown; and
ORDINANCE 2012- 037
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
Section 1. Findings.
The Board finds that the above "Whereas" clauses are true and correct, and hereby
incorporates such clauses as findings of the Board.
Section 2. Addition of Section 205.09 of the Code.
Section 205.09 is hereby added to the Code of Indian River County, as follows:
Section 205.09. Sale and consumption of alcoholic beverages at designated recreational
facilities.
Notwithstanding the provisions of section 205.03(26), the sale and consumption of
alcoholic beverages shall be permitted at the Indian River County Fairgrounds and at the South
County Intergenerational Recreation Center, provided the vendor first obtains a permit for such
purposes issued by the department. The department may issue a permit for the sale and
consumption of alcoholic beverages when it has been established that the following conditions
have been satisfied:
(a) the applicant holds all required state alcoholic beverage licenses,
(b) the applicant has made adequate plans, and is ready, willing and able to implement
such plans, for security or police presence,
(c) the applicant has obtained liability and any other insurance required by the County
Risk Manager, and has provided certificates evidencing such insurance, in amounts and all other
respects acceptable to the County Risk Manager,
(d) the applicant has met all other conditions determined by the department to be
necessary to protect the health, safety and welfare of the residents of Indian River County, in
light of the planned event or activity, and
(e) the applicant has paid the required fee as established b the he department.
The permit described above shall be in addition to any other permit required for the event or
activity, pursuant to sections 205.04 or 205.08 above.
Section 3. Addition of Section 205.10 of the Code.
Section 205.10 is hereby added to the Code of Indian River County, as follows:
Section 205.10. Sale and consumption of alcoholic beverages at the facility formerly known
as Dodgertown.
Notwithstanding the provisions of section 205.03(26), the sale and consumption of
alcoholic beverages shall be permitted at the facility formerly known as Dodgertown, provided
2
ORDINANCE 2012- 037
that such sale and consumption is otherwise in compliance with the requirements of the City of
Vero Beach relating to the sale, possession or consumption of alcohol on public property.
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 provision 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 enactment by the Board of County
Commissioners and filing with the Department of State.
This ordinance was advertised in the Vero Beach Press Journal, on the 6th day of
November , 2012, for a public hearing to be held on the 20th day of November , 2012,
at which time it was moved for adoption by Commissioner Solari , seconded by
Commissioner 0' Bryan , and adopted by the following vote:
Peter D. O'Bryan Aye
Wesley S. Davis Aye
Joseph E. Flescher Aye
Bob Solari Aye
Tim Zorc Aye
The Chairman thereupon declared the ordinance duly passed and adopted this 20th day
of November , 2012.
ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSION fiMISs10" .f
and Comptroller INDIAN RIVER COUNTY, FLORID��.
aU
BY By. f
Dep Clerk sep E. Flescher Chairman y;
:,?gyp• t. t :•;;�:
••�RNER C�
•YYYp YY u n u..., 0•
3
ORDINANCE 2012- n-17
Approved as to form and legal sufficiency:
By:
Alan S. olackwich, Sr., County Attorney
EFFECTIVE DATE: This ordinance was filed with the Department of State on the day of
, 2012.
4