Fort Walton Beach Council agenda — 04-28-09 regular — reading text

charges we would need to adopt the case from FWBPD or OCSO. In order for us to file an administrative charge we must be able to prove that the owner /licensee has knowledge of the ordinance before enforcement action took place. nisrinlinp Compliance Penalty HOURS OF SALE You are hereby notified that it is a violation of Licensee will ensure that no Any section 562. 14( 1), Florida Statutes, for alcoholic alcoholic beverges are sold, misdemeanor County or beverages to be sold, consumed, served, or consumed, served, or or noncriminal Municiple Ordinance) permitted to be served or consumed, on your permitted to be served or violation not in licensed premises after the hours of sales have consumed, on the licensed table. 1St - $ premises after the hours of 250.00 elapased as provided for by the applicable county or municiple ordinance. Violations of this nature sales have elapased. fine. 2nd - $ 500. 00 may result in criminal and/ or administrative fine. charges being filed. 3rd - $ 1, 000. 00 fine. 4th - Revocation. I hope that the information is useful. If you have any additional questions or concerns please feel free to contact me or the Agency. We will be glad to assist you in anyway. Special Agent Paul M. Fleischman Division ofAlcoholic Beverages and Tobacco Bureau ofEnforcement 49oo Bayou Blvd. Suite #220 Pensacola, FL 32503 850.494.5970 Office 850.484.508o Fax Paul; fIeischman0dbnr.state.fl.us Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e -mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e -mail. 399 So. 2d 1077 Page 1 399 So. 2d 1077 Cite as: 399 So.2d 1077) 223 Intoxicating Liquors District Court of Appeal of Florida, First District. 223II Constitutionality of Acts and Ordinances Hugh HARDAGE, Appellant, 223kl5 k. Licensing and Regulation. Most V. Cited Cases CITY OF JACKSONVILLE BEACH, Paul Brown City ordinance which banned sale of alcoholic and Dale Carson, Appellees. beverages on Sunday except for hotels and motels No. WW -406. with 100 or more guest rooms, restaurants receiving majority of their gross annual income from the sale June 19, 1981. of food, and private clubs was not impermissibly overbroad on ground that there was no valid legis- Owner of licensed liquor establishment challenged lative distinction between license liquor establish- city ordinance banning sale of alcoholic beverages ment of owner challenging ordinance and those on Sunday with certain exceptions. The Circuit businesses allowed to sell liquor on Sundays since Court, Duval County, Clifford B. Shepard, J., found there was a rational basis for the ordinance. West's in favor of city, and owner appealed. The District F. S. A. § 562. 45( 2). Court of Appeal, held that: ( 1) ordinance was not impermissibly overbroad on ground that there was 3] Municipal Corporations 268 X63.10 no valid legislative distinction between licensed li- quor establishment of owner challenging ordinance 268 Municipal Corporations and those businesses allowed to sell liquor on 268II Governmental Powers and Functions in Sundays, and ( 2) owner did not have standing to General challenge portion of ordinance which restricted li- 268k63 Judicial Supervision quor sales to consumption on premises since owner 268k63. 10 k. Motives, Wisdom or Propri- was in group of liquor vendors not allowed to sell ety of Action. Most Cited Cases liquor on Sunday. Formerly 268k63. 1( 3)) When reviewing a city ordinance, motives of the Affirmed. commission and the reasons for which it induced passage of the ordinance are irrelevant. West Headnotes 4] Municipal Corporations 268 X120 1] Intoxicating Liquors 223 0= 15 268 Municipal Corporations 223 Intoxicating Liquors 268IV Proceedings of Council or Other Govern- 223II Constitutionality of Acts and Ordinances ing Body 223k15 k. Licensing and Regulation. Most 268IV( B) Ordinances and By -Laws in Gener- Cited Cases al Under power to regulate location of liquor estab- 268k120 k. Construction and Operation. lishments, municipalities may permit one or more Most Cited Cases types of sale in a designated area without being re- quired ' to permit all other modes of sale therein. Municipal Corporations 268 4D;P122. 1( 2) West' s F. S. A. § 562. 45( 2). 268 Municipal Corporations 2] Intoxicating Liquors 223 4D= 15 268IV Proceedings of Council or Other Govern- ing Body 2681V( B) Ordinances and By -Laws in Gener- 2009 Thomson Reuters/ West. No Claim to Orig. US Gov. Works.  399 So.2d 1077 Page 2 399 So.2d 1077 Cite as: 399 So.2d 1077) al 268IV( B) Ordinances and By -Laws in Gener- 268k122. 1 Evidence al 268k122. 1( 2) k.Presumptions and 268k121 k. Proceedings to Determine Burden of Proof. Most Cited Cases Validity of Ordinances. Most Cited Cases Formerly 268kl22(2)) To have standing to challenge a portion of an ordin- All presumptions are in favor of an ordinance's ance, appellant must be affected by that portion he validity, and all ordinances will be construed, if seeks to attack. possible, to give a result which renders them consti- 1078 Hugh A. Carithers, Jr., of Sheppard & tutionally valid. Carithers, P. A., Jacksonville, for appellant. 5] Municipal Corporations 268 X111(3) Stephen Stratford, of Stratford & Booth, P. A., Jacksonville, for appellees. 268 Municipal Corporations 268IV Proceedings of Council or Other Govern- ing Body PER CURIAM. 268IV( B) Ordinances and By -Laws in Gener- al Appellant owns a licensed liquor establishment, the 268kI I I Validity in General Mai Kai Lounge, in Jacksonville Beach, Florida. He 268k111( 3) k. Reasonableness and challenges a City of Jacksonville Beach ordinance Uniformity of Operation. Most Cited Cases which bans the sale of alcoholic beverages on If reasonable argument exists on question of wheth- Sunday with certain exceptions. The exceptions al- er an ordinance is arbitrary or unreasonable, legis- low hotels and motels with 100 or more guest lative will must prevail. rooms, restaurants receiving the majority of their gross annual income from the sale of food, and 6] Municipal Corporations 268 0= 121 private clubs to sell alcoholic beverages on Sunday for consumption on premises only. Appellant ad- 268 Municipal Corporations mits he does not fit within one of the exceptions to 268IV Proceedings of Council or Other Govern- the ordinance. ing Body 268IV( B) Ordinances and By -Laws in Gener- He challenges the ordinance on two grounds. First, al the ordinance is overbroad because there is no valid 268k121 k. Proceedings to Determine legislative distinction between his place of business Validity of Ordinances. Most Cited Cases and those businesses allowed to sell liquor on Owner of licensed liquor establishment did not Sundays. Second, the