2001-O-57
...., ORDINANCE NO. 2001-0-57 ,....,
4'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA; AMENDING CHAPTER 4
(ALCOHOLIC BEVERAGES) BY MODIFYING SECTION 4-5
(HOURS OF SALE); OF THE CODE OF ORDINANCES, CITY
OF EDGEW A TER, 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. In April of 1997, the City Council modified Chapter 4 (Alcoholic Beverages) to
reflect an extension of hours for local bars and taverns during "Bike Week" in an effort to eliminate
the requests for extensions of time on an annual basis; and
2. Since the modification, in addition to "Bike Week" during the month of March, there
is an additional function during the month of October, "Biketoberfest"; and
3. In order to eliminate the need to address additional requests for extension of hours
during the annual event known as "Biketoberfest" and to insure that all bars and taverns have equal
notice of any extension of hours, it is appropriate that the extension be codified.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida:
PART A.
AMENDMENT OF SECTION 4-5 (HOURS OF SALE) OF CHAPTER
4 (ALCOHOLIC BEVERAGES) OF THE CODE OF ORDINANCES,
CITY OF EDGEW A TER, FLORIDA.
Section 4-5 is amended to read as follows:
Section 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.
Alcoholic beverages may be sold in any establishment in the city holding a license
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2001-0-57
1
under the StalwtJeverage Department of Florida and th~lty every day of the week
including Sunday between the hours of 7:00 a.m. and 2:00 a.m. on the following
mornmg.
(b) The city council may, by appropriate action, authorize taverns and bars within the
city to stay open past the prescribed closing hours upon special holidays.
(c) An extension of hours for taverns and bars is authorized as follows:
From 7:00 a.m. until 3:00 a.m. the following morning during the period of the year
designated as "Bike Week" and "Biketoberfest". For the purposes of this section,
"Bike Week" is defined as that period of time terminating at 3:00 a.m. following the
day of the motorcycle race known as the Daytona 200 , and beginning 5(, ven (7) day 5
priO! thereto. "Biketoberfest" is generally held the third weekend during the month
of October. The extension of hours will not exceed a ten (10) day period per event
which incorporates two (2) full weekends.
PART B.
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 C.
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
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PARTD.
CODIFICATION.
Provisions of 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 B through F shall not be codified.
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2001-0-57
2
. PART E.
EFFRwfIVE DATE.
...,
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on September 10, 2001, was as follows:
Mayor Donald A. Schmidt
AYE NAY
X
X
X
X
X
~ and Second by
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by ~
~~
, the vote on the second reading ofthis ordinance was
as follows:
AYE NAY
Mayor Donald A. Schmidt
'X
Councilman James P. Brown
A~r';T_
K
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
~
).
Councilwoman Judy Lichter
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2001-0-57
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PASSED AND DULY ADOPTED this _d r_ day of w 12001.
PASSED AND DULY ADOPTED this c2 y day of September, 2001.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matuslck
Legal Assistant
Approved by the City Council of the City of
Edgewater,at a meeting held on this Z�L—
day of 2001 under
Agenda Itefn No. At
20a1-as7