Fort Walton Beach Council agenda — 10-13-2009 regular — reading text

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Checked by AVG - www.avg. com Version: 8. 5. 339 / Virus Database: 270. 12.69/2176 - Release Date: 06/ 15/ 09 05: 54: 00 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. No virus found in this incoming message. Checked by AVG - www.al g. com Version: 8. 5. 409 / Virus Dc,dabase: 270. 13. 113/2399 - Release Date: 09/28/ 09 05: 51: 00 1 n /5/?() no - 50-  CITY COUNCIL MEETING October 13, 2009 General Public Agenda Item Number: 4. 1  CITY COUNCIL MEETING October 13, 2009 Quasi -Judicial Agenda Agenda Item Number: 5. 1  CITY COUNCIL, MEETING October 111 009 Ordinance - First Reading Ordinance 1796. Alcohol Sales Hours Synopsis: At the Special Meeting held on September 15, Council voted to remove existing restrictions for the sale and consumption of alcohol. Agenda Item Number: 6. 1  CITY OF FORT WALTON BEACH, FLORIDA. MEMORANDUM Office of the City Manager DATE: September 23, 2009 TO: Honorable Mayor and Council Members FROM: Robert T. Mearns, City Manager SUBJECT: Ordinance, 1796 - Alcohol Sales Hours 1. Background 1. 1 At the Regular Council Meeting held April 28, 2009 the City Attorney briefed the Council on the issue of Sunday alcohol sales hours. Consensus of Council was that the current ordinance regarding sales of alcohol needed 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. 1. 2 At a Special Meeting held September 15, 2009, the City Council reviewed three options for ordinance content: one provided for unrestricted sales; and two would allow sales from 10 am to 1 pm in food serving establishments only with certain stipulations. The Council conducted a public meeting on the hours of sale of alcoholic beverages and heard from the public on the issue. The Council voted unanimously to direct staff to draft an ordinance that states: 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. 2. Discussion 2. 1 Chapter 562. 45( 2)( a), F. S. states: " Nothing contained in the Beverage Law shall be construed to affect or impair the power or right of any county or incorporated municipality of the state to enact ordinances regulating the hours of business ". Based on the statutory language, the City Council may impose any hours of operation it deems appropriate. 2.2 The City Council exercised its home rule rights under the statute and voted to direct staff to draft an ordinance to change the hours of sale. 3. Recommendation 3. 1 Staff recommends that the City Council adopt the ordinance as directed and written. 51-  I ORDINANCE 1796 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 5 9. 01. 04, HOURS FOR SALES [ OF ALCOHOLIC BEVERAGES]; 6 RESOLVING SEVERABILITY; AND SETTING AN EFFECTIVE 7 DATE. 8 9 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 10 CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 11 12 Section 1. Authority & Intent 13 a. The authority for enactment of this ordinance is pursuant to the 14 powers vested in the City by Home Rule Authority of section 166. 021( 1), Florida 15 Statutes ( 2009), the provisions of chapter 562, Florida Statutes ( 2009), and the 16 City Charter. 17 18 b. Section 9. 01. 04 of the Code of Ordinances was originally adopted 19 by Ordinance 61. 4 ( 1982) and amended by Ordinance 1386 ( 1999). Neither 20 ordinance adopted definitions for the terms " eating places," " restaurant," or " full 21 meal." 22 23 C. Through efforts of enforcement, it has been determined that 24 interpretation of these terms may create ambiguity. 25 26 d. Therefore, the City Council finds that it will best promote and 27 protect the businesses and economic development of the City by deleting certain 28 prohibitions against alcohol sales on Sunday. The Council finds that it is in the 29 best interests of the City to delete the terms " eating places" and " restaurant" as 30 they relate to the sale of alcoholic beverages. 31 32 Section 2. Amendment of Section 9. 01. 04, Hours for Sales, of Chapter 33 9. 01, Alcoholic Beverages, of the Code of Ordinances. 34 Section 9. 01. 04 Hours of Sales, of Chapter 9. 01 of the Code of 35 Ordinances, City of Fort Walton Beach, Florida, is hereby amended as follows: 36 37 Sec. 9. 01. 04. Hours for Sales. 38 39 Ne -alG0 elin h °v° rag s may be sell nuns im ° r) s to ed LQ 1 r%- rm d_ fn h° nnn i m ° r) in n i ° hnlrlinn s+ahlishm °n+ DiViSinn of 41 keR% under the v r v v u i u v mlGeholin Beverages and Tnhannn of the i — O'1" V'TJI'PfT T- T \ l'lr 42 DepaFtment of Business and Prefessional Regulation, between the heur-S 43 of 4. 00 a. m. and 7. 00 a. m. on Menday through Saturday. DUFiRg aRy ethef 44 portion these days a' Gehnlin beverages, regardless of the a' G() h()'; G 45 c4) ntent - Rlay be selrl nn imed or s n ed by l! GeR6ee6 p ur waRt to this 46 %. , regardless of the a' GGhE) 18G ATTYDRAFT 9116109 f 47 48 49 50 51 52 53 54 55 Alcoholic beverages, regardless of the alcoholic content, may be sold, 56 consumed, served, or permitted to be served or permitted to be consumed 57 in any establishment holding an appropriate and valid license under the 58 Division of Alcoholic Beverages and Tobacco of the Department of 59 Business and Professional Regulation, except between the .hours of 4: 00 60 a. m. and 7: 00 a. m. 61 62 63 64 Section 3. Severability 65 any provision of this ordinance be declared by a court of Should 66 competent jurisdiction to be invalid, such decision shall not affect the validity of 67 the remaining provisions. 68 69 70 Section 4. Effective Date 71 This ordinance shall take effect immediately upon approval by the City 72 Council and signature of the Mayor. 73 74 75 76 77 Adopted Mike Anderson, Mayor 78 79 80 Attest: Approved for form and legal sufficiency. 81 82 83 Helen Spencer, City Clerk Toni L. Craig, City Attorney 84 85 New language is underlined; deleted language is °+ GkeR. 86 87 Codification Instructions: Sections of this Ordinance to be codified: Section 2 88 Placement: Amends Volume ll, Chapter 9. 01 as stated. ATTYDRAFT 9116109 53-  City Council Regular Meeting October 13, 2009 This page is left intentionally blank 4 ' A 54-  CITY COUNCIL MEETING October 13, 2009 Ordinance - First Reading Ordinance 1815. Amendment to Chapter 3 ( Building, Construction and Fire Codes) of the Code of Ordinances. Synopsis: References to State adopted codes are out ofdate Agenda Item Number: 6. 2  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Timothy Bolduc, CBO, Building Official Through: Michael D. Beedie, P. E., City Engineer Date: October 5, 2009 Subject: Ordinance No. 1815 - Adoption of Amended Chapter