Okaloosa County BOCC — June 16, 2015 — Attachment 1 Open Container Ordinance with Linear Park — reading text

ORDINANCE 15-____ AN ORDINANCE AMENDING SECTION 2.20.01, ALCOHOLIC BEVERAGE ESTABLISHMENTS, OF THE OKALOOSA COUNTY LAND DEVELOMENT CODE, ORDINANCE 91-01, AS AMENDED; PROVIDING THAT CERTAIN AREAS OF THE MID-BAY REGIONAL ACTIVITY CENTER ARE DESIGNATED AS OPEN CONTAINER AREAS WHERE ALCOHOLIC BEVERAGES PURCHASED IN LICENSED ESTABLISHMENTS MAY BE CONSUMED OUTDOORS EXCEPT WHERE SPECIFICALLY PROHIBITED; PROVIDING FOR SIGNS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE RECITALS WHEREAS, the Mid-Bay Regional Activity Center is a mixed-use development with a pedestrian-friendly environment that includes restaurants, a yacht club, a grocery store, and similar facilities that are licensed to serve alcoholic beverages; and WHEREAS, the Mid-Bay Bridge Regional Activity Center has proven to be very attractive to residents of Okaloosa County and to visitors to the Gulf Coast; and WHEREAS, neighboring jurisdictions, including the City of Destin, Walton County, the City of Pensacola Beach, and other Florida communities, have implemented ordinances that allow consumption of alcoholic beverages outdoors, in similar, pedestrian-friendly areas, and thereby enjoy a competitive advantage over Okaloosa County businesses. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: Section 1. Section 2.20.01 of the Okaloosa County Land Development Code, Ordinance 91-01, as amended, is hereby amended by adding a new Paragraph 9 to read as follows, (subsequent paragraphs shall be renumbered accordingly): 9. Alcoholic beverages purchased in licensed establishments located within the Mid-Bay Regional Activity Center may be removed from such establishments in paper, plastic, or metal containers and may be consumed outdoors within the areas designated as “Open Container” areas as shown on the map depicted in Section 2, below, provided, however, that open containers and the consumption of alcohol Page 1 of 5  shall not be allowed in children’s play areas, any portion of any public right-of- way (except designated pedestrian crosswalks) used for vehicular circulation, or in any vehicle parking lot. The designated open container areas shall not be treated as improved property supporting an alcoholic beverage establishment for purposes of the minimum distance separation criteria of Section 2.20.01. Section 2. Section 2.20.01 of the Okaloosa County Land Development Code, Ordinance 91-01, as amended, is hereby amended by adding a new Paragraph 10, providing a map of the open container areas to be allowed in the Mid-Bay Regional Activity Center, subsequent paragraphs shall be renumbered accordingly: 10. The open container areas within the Regional Activity Center shall be as depicted as shown in the map, below, subject to the limitations provided in 9 above: (This area intentionally blank) Page 2 of 5 Page 3 of 5 Section 3. OPEN CONTAINERS NOT MANDATORY WITHIN BUSINESSES. Section 2.20.01 of the Okaloosa County Land Development Code, Ordinance 91-01, as amended, is hereby amended by adding a new Paragraph 11 as follows, subsequent paragraphs shall be renumbered accordingly: 11. This ordinance shall not under any circumstances be construed to require businesses within the Open Container Area to allow open containers within their premises. Section 4. SIGNS. Section 2.20.01 of the Okaloosa County Land Development Code, Ordinance 91-01, as amended, is hereby amended by adding a new Paragraph 12 as follows, subsequent paragraphs shall be renumbered accordingly: 12. The managing entity responsible for maintenance of the area within which open containers are allowed shall post signs at the boundaries of the Open Container Areas clearly advising patrons of the limits of the area within which alcohol beverages may be consumed. Section 5. CONFLICTS The provisions of this Ordinance shall supersede all Okaloosa County Ordinances, or parts thereof, in conflict herewith to the extent such conflicting ordinances, or parts thereof, regulate the outdoor consumption of alcoholic beverages in open containers within the areas designated for such purpose in the map provided in Section 2, above. Section 6. SEVERABILITY. If any provision of the Ordinance is declared invalid, all other provisions thereof shall remain in force and effect. Section 7. INCLUSION IN THE CODE OF ORDINANCES. It is intention of the Board of County Commissioners that the provisions of this Ordinance shall be included in the Code of Ordinances of Okaloosa County, Florida, and that any renumbering of the various sections is hereby authorized as necessary to achieve this directive. Section 8. EFFECTIVE DATE. This ordinance shall become effective as provided by law. Page 4 of 5  PASSED AND DULY ADOPTED in regular session this _____ day of _________, 2015. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: ____________________________________ Nathan D. Boyles, Chairman ATTEST: _________________________________ JD Peacock II Clerk of Circuit Court Page 5 of 5