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ORDINANCE NO. 99-0-06
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA; TO AMEND CHAPTER 4
(ALCOHOLIC BEVERAGES) BY AMENDING SECTION 4-
5(a) (HOURS OF SALE), DELETING SECTION 4-6
(PERMITTING CONSUMPTION AFTER 2:00 A.M.), AND
ADDING SECTIONS 4-7 (DEFINITIONS), 4-8 (CLOSING
RESTRICTIONS), 4-9 (SET-UPS), 4-10 (CONSUMPTION OF
ALCOHOL ON THE PREMISES OF UNLICENSED
COMMERCIAL ESTABLISHMENTS), 4-11 (CONSUMPTION
IN PUBLIC PLACES/SIGNAGE REQUIRED), 4-12
(POSSESSION OF OPEN CONTAINERS) AND 4-13
(PENAL TIES) OF THE CODE OF ORDINANCES, CITY OF
EDGEW ATER, FLORIDA; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The consumption of alcoholic beverages while driving or riding in or on a motor vehicle
poses a grave and imminent hazard to the health, safety and welfare of the residents of the city.
2. In an effort to preserve the safety of our residents, it would be in the best interests of the
citizens of Edgewater to enact this ordinance.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
AMEND CHAPTER 4 (ALCOHOLIC BEVERAGES) BY AMENDING
SECTION 4-5(a) (HOURS OF SALE) OF THE CODE OF
ORDINANCES, CITY OF EDGEW ATER, FLORIDA.
Section 4-5(a) is amended as follows:
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Sec. 4-5.
Hours of Sale.
(a) It shall be unlawful for any person in the city to sell. barter. or exchange for value
alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m. each day. Nonintoxicating
alcoholic bC'v'cra~cs and intoxicating a Alcoholic beverages may be sold in any establishment in the
city holding a license under the State Beverage Department of Florida and the city on weckdays,
(othcr than Stlflday) every day of the week including Sunday between the hours of7:00 a.m., and
2:00 a.m. on the following morning; bctvv'een 12:00 midnight, Samrday and 2:00 a.m. the :following
Sunday; and bC't\veCfi 2:00 p.m. Stmday and 2:00 a.m. the following Monday.
The salc of nonintoxicating alcoholic bc-v'erages, beer and '"vine, is permitted in thc city on
Sundays [rem midnight Samrday, tmti12:00 a.m. Stlflda:y-, and from 7:00 a.m. Stmday lIDti12:00 a.m.
the follo'v'v'ing Monday moming.
PART B.
AMEND CHAPTER 4 (ALCOHOLIC BEVERAGES) BY THE
DELETION OF SECTION 4-6 (PERMITTING CONSUMPTION
AFTER 2:00 A.M.), AND ADDITION OF SECTIONS 4-7
(DEFINITIONS), 4-8 (CLOSING RESTRICTIONS), 4-9 (SET -UPS), 4-
10 (CONSUMPTION OF ALCOHOL ON THE PREMISES OF
UNLICENSED COMMERCIAL ESTABLISHMENTS), 4-11
(CONSUMPTION IN PUBLIC PLACES/SIGNAGE REQUIRED), 4-12
(pOSSESSION OF OPEN CONTAINERS) AND 4-13 (pENAL TIES) OF
THE CODE OF ORDINANCES, CITY OF EDGEW ATER, FLORIDA.
Section 4-6 is hereby deleted in its entirety.
See. 4 6.
Permitting eonStlmptioB after 2:00 a.m.
No person holding a license te sdl aleohelie beverages, shall allew, permit Of suffer any
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person to eonsl:tlfie aleoholie or ifl:toxieating be-;cragcs in or 1:lpon said lieCflscc's place ofbusincss
after 2:00 a.m., except as otherwise permitted b)" the city eotlflcil.
Section 4-7 is added as follows:
Sec. 4-7.
Definitions.
Alcoholic beverage: includes distilled spirits and all beverages containing one-half of one
(1) percent or more alcohol by volume including beer. wine and liquor.
Enclosure: a secure perimeter separated from the general public by the use of an approved
barrier.
Highwav: any public street. avenue. boulevard. roadway. alley. sidewalk. parking lot or other
right-of-way or any area upon which the public has the right to travel. whether public or private.
Oven container: any glass. bottle. can or other receptacle or container containing an alcoholic
beverage or any mixture containing an alcoholic beverage. which is not sealed or which has been
opened. seal broken or the contents of which have been partially removed.
Outside area designated for service: a commercial establishment that has been designated
and permitted by the City to provide alcoholic beverage service to customers.
Possession: actual physical possession or being located anywhere within a vehicle except as
specifically provided in subsection (c)(3) hereof.
Premises: a commercial establishment permitted to sell alcoholic beverages for consumption
on premises but premises shall not include the parking area or surrounding outside areas.
Vehicle: every device. in. upon. or by which any person or property is or may be transported
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or drawn upon a highway.
Section 4-8 is added as follows:
Sec. 4-8.
Closing restrictions.
It shall be unlawful for the licensee or an employee of the establishment holding a license
under the regulation of the state beverage department to allow any other person except the licensee
or an employee of the establishment to be in that portion of the establishment wherein liquor. beer.
or other alcoholic beverages are sold. later than ten (10) minutes after the time that the establishment
closes.
Section 4-9 is added as follows:
Sec. 4-9.
Set-ups.
No owner. operator or employee of any commercial establishment licensed by the beverage
department ofthe state. but not licensed to sell alcoholic beverages to be consumed on the premises.
shall knowingly furnish or provide any set-ups. glasses or other service to any person for the purpose
of consuming alcoholic beverages on the premises.
Section 4-10 is added as follows:
Sec. 4-10.
Consumption in public places/Signage Required.
It shall be unlawful for any person to drink. consume or possess an open container of
alcoholic beverage outside the premises or on any highway. sidewalk or parking area open to the
general public and located within one hundred (100) yards of any building containing an
establishment open to the general public. not including any building customarily used for residential
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purposes within the City.
A commercial establishment engaged in the sale of alcoholic beverages may serve alcoholic
beverages in an outside area designated for service once it has been approved. permitted and licensed
by the City to provide such service to the customers. Said outside area designated for service shall
in an enclosure separated from the general public.
Signage required. Any establishment engaged in the sale of alcoholic beverages shall. at all
times when such establishment is open to the public or is selling alcoholic beverages. have a sign
located where it can be readily seen and read by all customers of the establishment which is at least
six by eight and one-half inches (6" x 8 Y2") in size and with seven-sixteenth inch minimum lettering
and contains the following information:
IT IS UNLAWFUL TO CONSUME OR POSSESS OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES OUTSIDE OF
AND WITHIN 1 00 YARDS OF THIS ESTABLISHMENT. (Section
4-10. Code of Ordinances. City of Edgewater)
All establishments existing within the City of Edge water shall have sixty (60) days to come
into compliance with the signage posting requirements of this section.
It shall be unlawful for the owner of any establishment dealing in alcoholic beverages to
knowingly fail to comply with this section or for any person to sell. dispense or service alcoholic
beverages in any establishment which is not in compliance with this section. The requirements of
this section shall apply to all establishments dealing in alcoholic beverages.
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Section 4-11 is added as follows:
Sec. 4-11.
Possession of open containers.
w
It is unlawful for any person to purchase. use. offer for sale. possess. consume or
carry in a cup. glass. can or other open or unsealed container. any alcoholic beverage on any
highway. sidewalks. public rights-of-way. or in or upon any parking area or other area outside of
and adjacent to the licensed premises of a vendor of alcoholic beverages: on lands owned or
controlled by the city: or in any city controlled building or facility.
(b) No person shall drink from or have in hislher possession any open container
containing any alcoholic beverage or any mixture containing an alcoholic beverage while in or on
a vehicle. whether moving or stopped on any highway.
(cl Exceptions: This ordinance shall not apply to:
ill Any person engaged in picking up empty beverage containers for the pw::poses
of collecting the deposit value of the bottle or can itself. nor to any person taking part in a litter
control program.
ill The possession of any open container by a licensed distributor or vendor of
alcoholic beverages: provided. that such alcoholic beverage is being transported solely for
commercial purposes.
ill The transportation of any open container of alcoholic beverage in or on any
motor vehicle. provided that such container is in a compartment of the vehicle not readily accessible
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to the driver or passengers. such as a trunk or other nonpassenger or nondriver area of the motor
vehicle.
ill The transportation of any open container or consumption of alcoholic
beverages in or on any motor vehicle duly licensed and operated for hire to transport passengers.
such as charter buses. regularly scheduled buses. taxicabs and the separate passenger compartments
of limousines. provided the operator thereof is not in immediate possession of. or engaged in the
consumption of any alcoholic beverage or open container of alcoholic beverage.
ill The operation. for a consideration of any motor vehicle by an individual
licensed and supplied by a chauffeur service. limousine service. taxicab or bus company. provided
the operator thereof is not in immediate possession of or engaged in the consumption of any
alcoholic beverage or an open container of alcoholic beverage and is operating the vehicle while
under. and in the scope ofthe emplOYment of a chauffeur service. limousine service. taxicab or bus
company. The operator must have in his or her possession evidence of emplOYment by a bona fide
chauffeur service. limousine service. taxicab or bus company.
Section 4-13 is added as follows:
Sec. 4-13.
Penalties.
Any person found guilty of violating a provision of this ordinance shall be punished in
accordance with Sections 775.082 and 775.083. Florida Statutes. with a fine not to exceed $500.00
and/or incarceration not to exceed sixty (60) days. or as Sections 775.082 and 775.083 may be
amended.
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In addition to any other remedies. whether civil or criminal. the violation of this ordinance
may be restrained by injunction. permanent or temporary. and otherwise abated in any manner
provided by law.
PART C. CODIFICATION.
Provision os this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections ofthis ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts C through F shall not be codified.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
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PART F. ADOPTION.
After Motion by Councilman Roberts and Second by Councilman Gornto, the vote on the
first reading of this ordinance held on April 5, 1999, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
ABSENT
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
After Motion by Councilwoman Lichter and Second by Councilman Hammond, the vote on
the second reading of this ordinance was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
ABSENT
Councilwoman Judy Lichter
AYE
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PASSED AND DULY ADOPTED this 19th day of April, 1999.
Susan J.. adsworth
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CITY COUNCIL OF THE
CITY OF EDG WATER, F RIDA
By -
Randy .Allman
Mayo
APPROVED FOR FORM
AND CORRECTNESS:
4IM-A. Ck yc/
T ikki Clayton
City Attorney