Fort Walton Beach Council minutes — 09-15-09 special minutes — reading text

295 MINUTES OF THE SPECIAL COUNCIL MEETING HOURS OF SUNDAY ALCOHOL SALES OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 15, 2009 INTRODUCTION A special meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, September 15, 2009, at 5: 30 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie, Bobby Nabors, Bill Patterson, and Dick Rynearson Absent: Virgil Miller Also Present: Bob Mearns, City Manager; Helen Spencer, City Clerk; Toni Craig, City Attorney; and Department Directors PURPOSE The purpose of the Special Council meeting is discussion of hours of Sunday alcohol sales. CALL TO ORDER The Mayor called the meeting to order. PL_ The Mayor led in the Pledge of Allegiance. APPROVAL OF AGENDA Mr. Holmes moved to approve the agenda as the business of the day. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). SUNDAY ALCOHOL SALES HOURS Council to provide clear direction to the City Manager and City Attorney to make changes to the hours that alcohol may be sold in the City on Sundays. The City Manager went over the background on the need for a change in the ordinance on Sunday alcohol sales hours, advised that based on the statutory language Council may impose any hours of operation it deems appropriate, and went over the options available. Option 1: Delete the entire current section 9. 01. 04 then state " On Monday through Sunday, alcoholic beverages, regardless of the alcoholic content, may be sold, consumed, served, or permitted to be served or permitted to be consumed in any establishment holding an appropriate and valid license under the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation, between the hours of 7: 00 a. m. and 4: 00 a. m. the next morning." There would be no further distinction in hours of sales. Option 2: Keep the Sunday restriction with the additional language: " On Sundays, alcoholic beverages, regardless of the alcoholic content, may be sold, consumed, or served between the hours of 1: 00 p. m. and 4:00 a. m. the next morning, except that in establishments that have full course meals available at all times when the establishment is serving alcoholic beverages, alcoholic beverages may be sold, consumed, or served between the hours of 10:00 a. m. and 4:00 a. m. the next morning." A "full course meal" as required by this subsection must include a salad or vegetable, entree, beverage, and bread. 296 Special Council 9 -15 -09 SUNDAY ALCOHOL SALES HOURS cont. Option 3: Keep the Sunday restriction with the additional language: " On Sundays, alcoholic beverages, regardless of the alcoholic content, may be sold, consumed, or served between the hours of 1: 00 p. m. and 4: 00 a. m. the next morning, except that in establishments with more than fifty -one percent ( 51%) of total gross revenue derived from retail sales of food consumed on the licensed premises, alcoholic beverages may be sold, consumed, or served between the hours of 10: 00 a. m. and 4: 00 a. m. the next morning. The percentage of food sales shall be computed by dividing gross revenues from the sale of food consumed on the premises by the gross revenue of the licensed premises." The City Manager requested Council give direction on the language they desire in the ordinance. The Mayor opened the floor for public input. Piper Gaffrey, owner of Fountain Square, expressed her preference for the first option where it would not limit alcohol sales in a restaurant or stores as the restrictions now send people over the bridge on Sunday to purchase alcohol. Rick Clevand, owner of Coasters and Scully's, voiced his preference for the first option as they cannot compete with Sunday sports that start at noon. Pat Daugherty, owner of Pappa Joe's Hideaway, expressed preference for the first option as it would help the businesses that do not serve full course meals. Cissy Wyninegar, Staffs Restaurant, requested Council to accept the first option as it would be the least confusing. Bill Lavery, Sports Club downtown, voiced preference to the first option as it is the least confusing and the least restrictive giving everyone the same competitive edge. Jason Calbritter, Salty Duck downtown voiced agreement with the first option because they are limited on what they can do on Sunday. Dave Viedlingmaier, International Lounge, expressed support for the first option as it keeps the business in Fort Walton Beach to produce more revenue. Colleen Rooney, 327 Brooks Street, voiced support for the first option as she agrees with what has been said. As no one else wished to speak, public input was closed. Mr. Reeves moved to direct the City Manager and City Attorney to move forward to amend the current policy on alcohol sale with the option one: to delete the entire current section 9. 01. 04 then state " On Monday through Sunday, alcoholic beverages, regardless of the alcoholic content, may be sold, consumed, served, or permitted to be served or permitted to be consumed in any establishment holding an appropriate and valid license under the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation, between the hours of 7: 00 a.m. and 4:00 a. m. the next morning "; there would be no further distinction in hours of sales. Mr. Nabors seconded motion. It was suggested that another issue be addressed on alcohol sales by reducing the square foot limitations for a restaurant to sell alcohol. Special Council 9 -15 -09 297 SUNDAY ALCOHOL SALES HOURS cont. The City Attorney advised that may be beyond the scope of Council' s powers as the Division of Alcohol has the requirements set out and whether or not they can have a full bar is set out by them. She would have to check to determine if there are any restrictions in the Land Development Code. Mr. Garvie announced a conflict of interest because of a financial interest and stated he would abstain from the vote. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (Miller absent; Garvie abstained). 13tH The City Manager stated an ordinance will come before Council for first reading on October ADJOURN Being no further business, the meeting adjourned at 5: 53 p. m. F kMi Y- IA YP ddm  FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME - FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Garvie Bill City Council MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 315 Shell Avenue NE CI Y 11 COUNTY O OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Fort Walton Beach Okaloosa City of Fort Walton Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: September 15 2009 a ELECTIVE O APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal ( other than a government agency) by whom he or she is retained ( including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F. S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a " relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING