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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 ~~~;~ ()~~R~:~~riba} SS. 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. j-.J-'l'1/\,)..J~ "" ~ r't V:-C:'-Vl../tA"vl) Swom to and subscribed before me this ?irn of _~y:__ ----.-A.D., 19 88 ~~ ~ "-- j <-~" Ct. N~h" I':' .hl .c.,l) J,...... J '.".." ,"; \.... .'_~' .:J F; .-,~ d ,~o.t,ary Public ..-, .... ....0. t:,'-. <'), lJ)2 c. 7h ~L'~~~ My C'JtY';l-n, ;. r~, >: ~1: ; .~: :~ ,. ,:-:;,'1,,;':':,;" 80:<;;" .-~: : ,J ',",'; 1 , : :11 ADVERTISING CHARGE_ .,,$ 28.21 day 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