HomeMy WebLinkAboutOrdinance 419 Prohibiting Bottle Clubs
ORDINANCE NO. 419
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING CHAPTER 3, PROHIBITING "BOTTLE CLUBS",
PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Winter Springs,
Florida, deem it to be in the best interest of the citizens of the City of
Winter Springs, Florida, to prohibit Bottle Clubs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF WINTER SPRINGS,
FLORIDA:
SECTION I: That Chapter 3, Alcoholic Beverages be amended
as follows:
SECTION 3-6. BOTTLE CLUBS PROHIBITED
(A) Definitions: For the purpose of this
Section the following definition of terms shall control:
(1) "BOTTLE CLUB" shall mean any place or
establishment where;
(a) A product or article, for consideration,
is sold, dispensed, served or provided, with the knowledge, actual or implied,
that the same will be or is intended to be mixed, combined with, or drank in
connection or combination with an alcoholic beverage, for consumption on the
premises.
(b) A "BOTTLE CLUB" does not include a social,
fraternal or civic association or organization which only occasionally or
intermittently provides facilities for on-premises consumption of alcoholic
beverages by its members and their guests and is not registered to sell
alcoholic beverages. Nor shall this definition be deemed to preclude or
prohibit the operation of private clubs as defined in Section 56l.20(7)(a),
Florida Statutes.
(2) "ALCOHOL BEVERAGE", shall mean and
include all beverages containing more than one (1%) percent of alcohol by
weight.
(B) All "BOTTLE CLUBS" shall be
prohibited from operation within the corporate limits of the City of Winter
Springs.
(C) This section shall not be construed to
affect, nor is it intended to affect, those places or establishments whose
hours are established or controlled pursuant to Section 562.14, Florida
Statutes, or other city ordinance pertaining to hours of sale, hours of con-
sumption.
(D) PENALTY FOR VIOLATIONS
Any person or persons, firm or corporation or
agent thereof who violates any of the provisions of this chapter shall be
punishable as provided by Florida Statutes 162.09, and Ord. 2-57. Wherein,
it so stipulates that: a violator may be ordered to pay a fine not to exceed
two hundred fifty dollars ($250.00) for each day the violation continues past
the date set for compliance.
SECTION II: If any section or portion of this Ordinance
proves to be invalid, unlawful or unconstitutional, it shall not be held to
invalidate or impair the validity, force or effect of any other section or
portion of a section or subsection or a part of this Ordinance.
SECTION III: All ordinances or parts of ordinance in conflict
I herewith being the same are hereby repealed.
SECTION IV: This Ordinance shall become effective immediately
upon its passage and adoption.
PASSED and ADOPTED this 13th day of June, 1988.
CITY OF WINTER SPRINGS
LEANNE M. GROVE, MAYOR
ATTEST:
Mary T. Norton
CITY CLERK
FIRST READING Ma7 9, 1988
POSTED May 13, 1988
SECOND READING AND PUBLIC HEARING June 13, 1988
The Orlando Sentinel
Publiahed Daily
Altamonte Spring., Seminole County, Florida
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Before the undersigned authority personally appeared
ITire;ini,q F
Skllrm.;r
, who on oath says that
she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper
published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad-
vertisement, being a Notice of Public Hearing
Ordinance No. 419
in the matter of
in the
Court,
was published in said newspaper in the issues of
May 22, 1988
Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte
Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin-
uously published in said Seminole County, Florida, each Week Day and has been entered as
second-class mail matter at the post office in Altamonte Springs, in said Seminole County,
Florida for a period of one year next preceding the first publication of the attached copy of ad-
vertisement; and affiant further says that he/she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
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NOTICE OF PUBLIC HEARING
CITY OF WINTER SPRINGS
CNOTICE IS HEREBY GIVEN b~~~::gtyA
ommlsslon of the Cit f .
~r~~ Florida,. that said Ycgm~~'.;'~
a Public Hearing on an ordi.
nance entrtled as fOllows'
ORDINANCE NO 419
I AN ORDINANCE OF THE CITY OF
WINTER SPRINGS FLORIDA
AMENDING CHAPTER 3 PROHIB'
ITING "BOTTLE CLUBS'" PROVli
ING FOR SEVERABILITY C
FLlCTS AND EFFECTIVE DATE ON.
ThiS Public Hearing will be held at 7:30
~ar:;eron June 13. 1988, or as SOon ther-
Ch beas posSible In the Commission
. am r, City Hall, 1126 East S R 434
Winter Springs, Fl. 32708. ",
COpies of the proposed ordinance are
avadable In the office of the City Clerk
for Inspection. Interested parties may
"'i:~ar at thiS hearing and be heard
W respect to this proposed ordinan
iersons are adviSed that if they dec~~
':;ee"fpea'h any .decision made at this
ring,. t ey Will need a record of the
p ocee.dlngs and for such purpose they
~~~ ~ to ensure. that. a verbatim re-
. e proceedings IS made which
record Includes the testimony and .
dence upon which the appeal is to eb'"
~~a~~~per Section 286.0105 Florid:
Dated this 13th da~ of May 1988
~L-g'R~ WI TER SPRINGS,
Is/Mary T. Norton
Mary T. Norton,
City Clerk
LS.749(6s) May.22,l988
FOHM NO. AD2fi4