Fort Walton Beach Ordinance — 1796 hours of sale alcoholic bev — reading text

ORDINANCE 1796 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 9. 01. 04, HOURS FOR SALES [ OF ALCOHOLIC BEVERAGES]; RESOLVING SEVERABILITY; AND SETTING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority & Intent a. The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of section 166. 021 ( 1), Florida Statutes ( 2009), the provisions of chapter 562, Florida Statutes ( 2009), and the City Charter. b. Section 9. 01. 04 of the Code of Ordinances was originally adopted by Ordinance 61. 4 ( 1982) and amended by Ordinance 1386 ( 1999). Neither ordinance adopted definitions for the terms " eating places," " restaurant," or " full meal. " c. Through efforts of enforcement, it has been determined that interpretation of these terms may create ambiguity. d. Therefore, the City Council finds that it will best promote and protect the businesses and economic development of the City by deleting certain prohibitions against alcohol sales on Sunday. The Council finds that it is in the best interests of the City to delete the terms " eating places" and " restaurant" as they relate to the sale of alcoholic beverages. Section 2. Amendment of Section 9. 01. 04, Hours for Sales, of Chapter 9. 01, Alcoholic Beverages, of the Code of Ordinances. Section 9. 01. 04 Hours of Sales, of Chapter 9. 01 of the Code of Ordinances, City of Fort Walton Beach, Florida, is hereby amended as follows: Sec. 9. 01. 04. Hours for Sales. No alcoholic beverages may be sold, consumed, served, or permitted to be served or permitted to be consumed in any esbblishment holding a ision of .^Jcoholic Be': erages and Tobacco of the license under the Di~.~ Department of Business and Professional Regulation, bemoen tho hours 1 : 00 a. m. and 7: 00 a. m. on Monday through Saturday. During any other of < portion of these days, alcoholic beverages, regardless of the alcoholic content, may be sold, consumed, or served by licensees pursuant to this section. On Sundays, no alcoholic beverages, regardless of the : tlcoholic  content, may be sold, consumed, served beFNeen the hours of 4: 00 or a. m. and 1 : 00 p. m., except that in eating places and restaurants that regularly serve full meals, no alcoholic be': erages may be sold, consumed, or served beF:: een the hours of 4: 00 a. m. and 10: 00 a. m., and any sales, consumption or serving of alcoholic beverages bet\. Jeen 10: 01 a. m.and 1 : 00 p. m. are restricted to those sold in conjunction \\~ith the purchase of a full meal. Alcoholic beveraaes. regardless of the alcoholic content. may be sold. consumed. served. or permitted to be served or permitted to be consumed in any establishment holdina an appropriate and valid license under the Division of Alcoholic Beveraaes and Tobacco of the Department of Business and Professional Reaulation. except between the hours of 4: 00 a. m. and 7: 00 a. m. Section 3. Severability Should any provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining provisions. Section 4. Effective Date This ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. 8-11 ~/} tJ q Adopted Mike Anderson, Mayor Approved for and sufficiency. fO{f legal.. CAaL Toni L. Craig, City Attorne New language is underlined: deleted language is stricken. Codification Instructions: Sections of this Ordinance to be codified: Section 2 Placement: Amends Volume II, Chapter 9. 01 as stated. Ord. 1796 Page 2 of 2