HomeMy WebLinkAbout2015-006ORDINANCE NO. 2015-006
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 REMOVE THE SUNSET PROVISION AND
THEREBY ALLOW THE SALE, SERVICE, AND CONSUMPTION OF
ALCOHOLIC BEVERAGES UNTIL 2:00 A.M.; AND PROVIDING FOR
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, in July 2014, the Indian River County Board of County Commissioners (the
"Board") 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, at the time the Board established a sunset provision limiting the extension
through June 15, 2015; and
WHEREAS, the Board desires to make the extension permanent,
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 through format are deletions to existing text.
ORDINANCE NO. 2015- 006
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 2:00 a.m. and 7:00 a.m. except as hereinafter
provided.
(2) New Years. The time 2:00 a.m. specified in paragraph (1) of this section is
extended to
3:00 a.m. on January 1 of each year.
(3) niinet. The amendment, pufsuant to "rdinanee201Q adopted Ta my r2014,
ethe —ee eneemei4 time of the prelihited--lie f ' ,e ---a
e,..,s,..,. pfie„ ofale,,1,olie bges provided in this+ 300.02 fr-oni 1:00 r eyer-aa
to 2.00 a.m. shall stinset and- autema4rcal-lyfever4-te 1:00 a.m. on june 15, 204-5-,-
of county commis i
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 Indian River Press Journal, on the 29th day of May, 2015, for
a public hearing to be held on the 9th day of June, 2015, at which time it was moved for adoption
by Commissioner Flescher , seconded by Commissioner 0' Bryan , and adopted by the
following vote:
CODING: Words in stfike thfough format are deletions to existing text.
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ORDINANCE NO. 2015- 006
Chairman Wesley S. Davis Ah -sent
Vice Chairman Bob Solari Aye
Commissioner Joseph E. Flescher Aye
Commissioner Tim Zorc Nay
Commissioner Peter D. O'Bryan Aye
The Chairman thereupon declared the ordinance duly passed and adopted this 9th day of June,
2015.
�E °• BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
?o; •., f.- y:` Bob Solari, Vice Chairman
�RIVER CC��� r.
ATTEST: Jeffrey R. Smith,"e"'r f Court Approved as to form and legal sufficiency:
omptrolle
By:
Depu Cler an Reingold, County Attorney
EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the
day of , 2015.
CODING: Words in strike *t,,.,,,,,,rt, format are deletions to existing text.
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