Fort Walton Beach Council agenda — 09-15-09 special-alcohol sales — reading text

dangerous to the health, safety and welfare of the public, and it is the intent of this section to prohibit nudity, gross sexuality and the simulation and depiction thereof in establishments dealing in alcoholic beverages. 9. 01. 051 Definition As used in this section, " establishment dealing in alcoholic beverages" means any business establishment operating within the corporate limits of the city which sells alcoholic beverages for consumption on the premises. 9. 01. 052 Nudity & Sexual Conduct Prohibited No person shall violate the following prohibitions: 1) No person shall expose to public view his or her genitals, pubic area, vulva, anus, anal cleft or cleavage or any simulation thereof in an establishment dealing in alcoholic beverages. 2) No female person shall expose to public view any portion of her breasts below the top of the areola or any simulation thereof in an establishment dealing in alcoholic beverages. 3) No person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit any person to expose to public view his or her genitals, pubic area, vulva, anus, anal cleft or cleavage or simulation thereof within such establishment. 4) No person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit any female person to expose to public view any portion of her breasts below the top of the areola or any simulation thereof within such establishment. 5) No person shall engage in, and no person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit, any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, sexual act prohibited by law, or touching, caressing or fondling of human breasts, buttocks, anus or genitals, or any simulation thereof, within an establishment dealing in alcoholic beverages. 6) No person shall cause, and no person maintaining, owning or operating an establish- ment dealing in alcoholic beverages shall suffer or permit, the exposition of any graphic representation, including pictures or the projection of film, which depicts human genitals, the human pubic area, vulva, anus, anal cleft or cleavage, the female breasts below the top of the areola, sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, a sexual act prohibited by law, or touching, caressing or fondling of human breasts, buttocks, anus or genitals, or any simulation Volume II - 164 4- Regular Council 4 -28 -09 ORD. 1795 ( CONT) The City Attorney explained this ordinance will make the section of the Code regarding the CRA consistent with other board provisions and with state statutes by inserting the proper language regarding residency. She continued it will also enable citizens to more easily determine if they meet the residency requirements for membership on the CRA. Mr. Garvie expressed his confusion over the verbiage that ' members may be a resident of the City.. . .' and questioned whether the verbiage should read ` must be.' The City Attorney advised it is in Council' s purview to change the verbiage if they so desire, but that state statutes says that a person may be appointed commissioner if he or she resides or is engaged in business. The Mayor asked for public input. Mike Minich, 106 Waynell Circle, clarified that the City Attorney advised that State statute requires an individual to be either a resident or doing business within the City, and stated that much of the CRAis in the downtown business district and people should be either businesspersons or residents and should not be required to be a resident and exclude businesspersons, in his opinion, and encouraged Council not to change the ordinance. There was no one else who wished to speak. Mr. Miller suggested that verbiage be added under Sec. 2. 06.01, Establishment, that a member shall be a resident of the United States of America as well as a resident of the City, or persons engaged in business within the City limits, for at least 365 consecutive days. The City Attorney objected as being completely legally insufficient because the statute controls the membership of the CRA, and all the ordinance is intended to do is simply track the statutory language into the code so it is in a convenient place, and the statutory requirement of the membership cannot be changed, exceeded, or otherwise altered. Mr. Garvie moved to amend Ord. 1795 to change the verbiage `Member may be a resident of the City...' to `Members must be a resident of the City....' to Section 2.06. 01, Establishment. Mr. Miller seconded motion and it failed by a vote of 2 to 4 with Miller and Garvie in favor and Holmes, Reeves, Nabors, and Patterson opposed ( Rynearson absent). FUTURE ORDINANCE -- ALCOHOL SALES Discussion regarding a future ordinance amending terms and conditions for alcohol sales. The City Attorney presented a power point presentation and discussed a draft ordinance to correct an ambiguity as well as how this issue came up, the portion of the Florida Administrative Code that illustrates licensing criteria, three licenses held for locations with the City that may be affected by any changes Council may make, and a piece of case law regarding the City's authority to regulate this matter. The Mayor asked for public input. Gil Osterloh of Beverage Law Professionals, and a consultant and lobbyist for the alcoholic beverage industry, thanked Council for their decision to review the current ordinance, and to come up with a favorable ordinance that all retailers can abide by. Mr. Osterloh also noted allowing alcohol sales in businesses on Sunday will help the economy in the City, as customers will not have to go to a neighboring municipality to purchase alcohol. 5- Regular Council ERIUM" ALCOHOL SALE ORDINANCE ( CONT) Mike Minich, 106 Waynell Circle, stated that public input will be an important part on the development of an ordinance. There was no one else who wished to speak. Consensus of Council was that the current ordinance regarding sales of alcohol needs to be reviewed and updated, and for the City Manager to work with the City Attorney to bring an ordinance forward at a future date. SUMMER VACATION SCHEDULE Discussion regarding an agenda item to create a summer vacation schedule. The City Clerk advised that over the last several years, the City Council has set a vacation schedule during the month of July to allow Staff to finish budget preparations, and that Staff is requesting the two regularly scheduled meetings in July to be cancelled. Mr. Reeves moved to approve the month of July as summer vacation and cancel the July 14th 26th and July regular Council meetings. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Patterson in favor Rynearson absent). NOMINATIONS FOR FLOC AWARDS PROGRAM Consideration of nominations for the Florida League of Cities Annual Award Program. Cam Johnson, Public Information Officer, explained that in 2004 the Florida League of Cities FLOC) started the Cities of Excellence Awards program with 10 categories and that the City has had several finalists and a winner during this time. This year, the League has changed the program to the Florida Municipal Achievement Awards program with only three categories, the City Spirit Award, the Florida Citizenship Award, and the Environmental Stewardship Award. Mr. Johnson said if Council had any nominations they wished to enter, he would do the write up which is due to the League by June 1. Mr. Johnson advised some of the programs /projects for Council to consider include the Wastewater Treatment Plant Interlocal Agreement with the County for the City Spirit Award; the Neighborhood Partnership Program or the FWB TV Channel for the Citizenship Award; and the Stormwater Division/ Water Quality Initiatives for the Environmental Stewardship Award. The Mayor asked for public input. Mike Minich, 106 Wayneli Circle, offered the Front Porch Program in the Lovejoy area for the Florida Citizenship Award. Mr. Johnson agreed that is a program worth consideration. There was no one else who wished to speak. Mr= Patterson moved to nominate the Wastewater Treatment Plant Interlocal Agreement with Okaloosa County for the City Spirit Award. Mr. Nabors seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Patterson in favor Rynearson absent). Suggestions by Council included the Musical Echoes Flute Festival and support of the F -35; however, while these are excellent suggestions they cannot be incorporated as they are not City projects or programs. 6- 7-  IyR R 1 i. t r y_ qk ver al >. U 4 4 n Lo Lr, O a I'D O o s I:M  4J v i h O yy Vl • ^ ff^^ V1 ON 0 p4 - von C ca v;;R- ` • 9-  O O cd cad O O N n a d r' O 0 woo rIn a o N rn crow a cd N O C a ObA a O