HomeMy WebLinkAbout2019-022ORDINANCE NO. 2019-022
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 205.09 (SALE
AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT DESIGNATED
RECREATIONAL FACILITIES) OF CHAPTER 205 (PARKS AND
RECREATION) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN
ORDER TO ALLOW FOR CONSUMPTION OF ALCOHOLIC BEVERAGES AT
THE GIFFORD YOUTH ACHIEVEMENT CENTER SUBJECT TO THE TERMS
OF THE LEASE; AND PROVIDING FOR CODIFICATION, SEVERABILITY,
REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 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 protecting the public health, safety and welfare of the residents of the county.
The Indian River County Board of County Commissioners specifically determines that the
enactment of this ordinance is necessary to protect the health, safety and welfare of the
residents of Indian River County.
Section 2. Amendment of Section 205.09 (Sale and consumption of alcoholic beverages
at designated recreational facilities) of Chapter 205 (Parks and Recreation).
New language indicated by underline, and deleted language indicated by s#r+kethroug#.
Section 205.09 (Sale and consumption of alcoholic beverages at designated recreational
facilities) of Chapter 205 (Parks and Recreation) of the Code of Indian River County, Florida is
hereby amended to read as follows:
CHAPTER 205. PARKS AND RECREATION.
Section 205.09. - Sale and consumption of alcoholic beverages at designated
recreational facilities.
Notwithstanding the provisions of section 205.03(26), the consumption of alcoholic
beverages shall be permitted at the Gifford Youth Achievement Center, subject to the terms
of the lease with the County, and the sale and consumption of alcoholic beverages shall be
permitted at the Indian River County Fairgrounds and at the South County Intergenerational
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ORDINANCE NO. 2019- 022
Recreation Center, provided the vendor at any of the above named facilities first obtains a
permit for such purposes issued by the department. The department may issue a permit for
sale and/or consumption of alcoholic beverages when it has been established that the
following conditions have been satisfied:
Section 3. 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 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. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board
of County Commissioners and filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 28th day of November,
2019, for a public hearing to be held on the 10th day of December, 2019, at which time it was
moved for adoption by Commissioner Peter O' Bryan , seconded by Commissioner
Joseph Flescher and adopted by the following vote:
Chairman Susan Adams AYE
Vice -Chairman Joseph E. Flescher AYE
Commissioner Tim Zorc AYE
Commissioner Peter D. O'Bryan AYE
Commissioner Bob Solari AYE
The Chairman thereupon declared the ordinance duly passed and adopted this to day of
December, 2019.
APPROVED ASO FORKA
A"40 LEGAL SUFFICIENCY
By
DYLAN IIE11\163 )1-O
00UNTY ATT ORNEY
BOARD OF COUNTY COMMISS1Oo ��2 •PF
• �_.......o� ••••.,
INDIAN RIVER COUNTY
By:
Susa Adams, Chan an
2 .9c�U�1''FIOP�OP.
ORDINANCE NO. 2019- 022
ATTEST: Jeffrey R. Smith, Clerk
and Comptroller
By: I dd, e
Deputy Clerk
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the; �` day of
December, 2019.
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