HomeMy WebLinkAbout2001 06 11 Public Hearings C First Reading - Ordinance 2001-38 Open Alcoholic Beverage Containers
COMMISSION AGENDA
ITEM C
Consent
Informational
Public Hearing X
Regular
June 11. 2001
Meeting
~ ~ 0/(01
Mgr. / Att. / Dept.
REQUEST:
The City Manager and City Attorney present to the City Commission for first reading Ordinance No.
2001-38 that would regulate open alcoholic beverage containers.
PURPOSE:
The purpose of this Agenda Item is to amend the Winter Springs Code of Ordinances, Chapter 3,
Alcoholic Beverages, regulating open alcoholic beverage containers on public streets and City
property and in motor vehicles and providing for penalties for violations.
APPLICABLE LAW AND PUBLIC POLICY:
Municipal House Rule Powers Act and City of Winter Springs Police Powers.
CONSIDERATIONS:
1. The City currently does not have any guidelines regulating open containers on public streets,
City property, and in motor vehicles.
2. Guidelines are essential for the more efficient and proper enforcement of the laws regulating
the sale and consumption of alcoholic beverages and the lawful exercise of the police power
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of the City of Winter Springs for the protection of the public health, welfare, safety, and
morals of the citizens of Winter Springs.
3. The City should regulate the use of alcoholic beverages on property owned or controlled by
the City.
4. The Police Department and Code Enforcement requested that the City Attorney prepare open
container regulations for the City Commission's consideration and approval.
STAFF RECOMMENDATION:
The City Manager and City Attorney recommend that the City Commission approve First Reading
and schedule a public hearing and Second Reading for Ordinance No. 2001-38.
ATTACHMENT: Ordinance No.2001-38.
COMMISSION ACTION:
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ORDINANCE NO. 2001-38
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
CHAPTER 3, ALCOHOLIC BEVERAGES; REGULATING
OPEN ALCOHOLIC BEVERAGE CONT AINERS ON
STREETS AND IN PUBLIC PLACES AND MOTOR
VEIDCLES; PROVIDING PENAL TlES FOR VIOLATIONS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, this Ordinance is adopted pursuant to the City's police powers and the
Municipal House Rule Powers Act; and
WHEREAS, it is deemed by the City Commission of t~e City of Winter Springs that this
Ordinance is necessary for the more efficient and proper enforcement ofthe laws regulating the sale
and consumption of alcoholic beverages and lawful exercise of the police power of the City of
Winter Springs for the protection of the public health, welfare, safety, and morals of the citizens of
Winter Springs; and
WHEREAS, it is self-evident, that the City of Winter Springs has the lawful authority to
regulate alcoholic beverages on property owned or controlled by the City; and
WHEREAS, it is the intent of the City Commission that this Ordinance be liberally
construed for the accomplishment of the purposes stated herein; and
City of Winter Springs
Ordinance No. 2001-38
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WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby fmds this
ordinance to be in the best interests of the public health, safety, welfare, and morals of the citizens
of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, HEREBY ORDAINS, AS FOLLOWS:
Section 1.
Chapter 3 Renumbered. The City of Winter Springs Code, Chapter 3,
Alcoholic Beverages, Sections 3-1, 3-2, 3-3, 3-4, and 3-5 are hereby renumbered Sections 3-2, 3-3,
3-4,3-5, and 3-6 respectively.
Section 2.
Chapter 3 Code Amendments. The City of Winter Springs Code, Chapter
3, Alcoholic Beverages is hereby amended as follows: (underlined type indicates additions and
sttikeont type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of
text existing in Chapter 3. It is intended that the text in Chapter 3 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption ofthis
Ordinance).
Section 3-1. Definitions.
W F or purposes of this Chapter 3. the words and phrases used in this
Chapter 3 that are also defined in ~e Beverage Laws ofthe State of Florida
hall have the same meaning provided by said Beverage Laws.
ou Unless otherwise defmed in the Beverage Laws. the following words
and phrases when used in this Chapter shall have the following meaning:
ill Motor Vehicle: Anv vehicle. as defined in Florida Statutes.
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Ordinance No. 2001-38
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which is self-propelled and every vehicle which is propelled
by electric power. but not including any bicycles. golf carts or
lawnmowers.
ill 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. located within the City of Winter Springs.
ill Oven Container: Any bottle. can or other receptacle or
container containing any alcoholic beverage or any mixture
containing an alcoholic beverage which has been opened or a
seal broken. or the contents of which have been partially
removed.
* * *
Section 3-7. Drinking on Streets. In Public Areas. It shall be unlawful for any
person to drink or consume alcoholic beverages. or possess an open container of alcoholic
beverages. including but not limited to. liquor. beer. or wine. on or upon any street. sidewalk
or parking area open to the public for pedestrian and vehicular travel in the ordinary course
of business.
Section 3-8. Drinking on City Property. It shall be unlawful for any person to
drink or consume alcoholic beverages or possess an open container of alcoholic beverages.
including but not limited to. liquor. beer. or wine. on or upon any property of the City either
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Ordinance No. 2001-38
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within or without the corporate limits of the City.
Section 3-9. Permit Exception: Fee.
(a) Exception. The City Manager may. at the discretion of the City
Manager. issue permits for the drinking or consumption of alcoholic
beverages and the possession of open containers of alcoholic
beverages on or upon any City property and City street. sidewalk. or
parking area open to the public for pedestrian and vehicular travel or
otherwise prohibited by Section 3-7 or Section 3-8 of this Chapter
provided that:
ill The permit is applied for in advance on a form approved by
the City Manager:
ill The City Manager determines that the permit is to be issued
inconnection with a City sponsored event or private social function
such as weddings. receptions. chamber of commerce functions.
business league functions. civic leagues. charitable organization
function. arts and craft show. recognized state and federal holiday.
and other social function of a similar nature:
ill The City Manager determines that the issuance of the permit
will not endanger the public health. safety. and welfare and not
create a public nuisance: and
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Ordinance No. 2001-38
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Gl The sponsor of the event or social function has obtained a
liquor liability insurance policy in amounts deemed reasonable
and adequate to the City Manager based on the size and
location of the event or function. The City shall be named an
additional insured on said policy.
au Fee. The City Commission may establish fees for the issuance of
such permits by resolution.
Section 3-10. Motor Vehicles
ell. Policv and Intent. The Commission of the City of Winter Springs
fmds that the consumption of alcoholic beverages while driving or riding in or on a
motor vehicle poses a grave imminent hazard to the health and welfare of the
residents of Winter Springs. Therefore. it is declared to be the policy of Winter
Springs that the consumption of alcoholic beverages and the possession of any open
containers containing alcoholic beverages while driving or riding in or on a motor
vehicle is prohibited while on a highway.
(b) Prohibition: It shall be unlawful for any person or persons in any
motor vehicle to possess. to have readily accessible or to transport or to allow others
to possess. to have readily accessible or to transport any open container containing
any alcoholic beverage or any mixture containing an alcoholic beverage. while the
motor vehicle is upon a highway within the City of Winter Springs.
(c) For purposes of this Section. the following words and phrases shall have the
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Ordinance No. 2001-38
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following meaning:
ill Possession: An open container shall be considered to be in the
possession of a person if such a container is physically held by or
readily accessible to a person by being within such person's grasp or
if such person is observed drinking from such open container. An
open container shall not be considered to be in the possession of a
person if the open container is located in a locked glove
compartment, or other locked compartment, trunk, or other
nonpassenger area ofthe vehicle as intended by the manufacturer. An
open container shall not be considered in the possession of a person
if the open container is contained in a properly sealed box or located
in the refrigerator or other cabinet of a motor home or recreational
vehicle type unit which is defined as "primarily designed as
temporary living quarters for recreational. camping, or travel use,
which either has its own mode of power or is mounted on or drawn
by another vehicle".
ill Readilv Accessible: The open container that contains any alcoholic
beverage is in the vehicle and although not in the actual. physical
manual possession ofthe driver or passenger. is located in a place and
manner that it can be easily reached.
(Q1 Exceptions: The provisions of this section shall not apply to
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Ordinance No. 2001-38
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the following:
ill To paying passengers and their guests. on a bus. limousine. taxi cab
or other motor vehicle that is operated by duly licensed drivers in the
course of conducting an on-going. duly licensed and authorized
business of providing paid passenger transportation or service:
provided that no open container containing any alcoholic beverage is
in the possession of or readily accessible to the driver.
ill To any open container in a refrigerator in the living area of house
trailers. travel trailers. camping trailers. motor homes. campers and
other similar types of facilities that are primarily designed and
constructed to provide temporary living quarters and utilized for
traveling and recreational purposes and that are equipped with
refrigeration facilities.
ill The possession of any open container containing any alcoholic
beverage by any Florida licensed beverage sales person. caterer,
vendor or agent. but onlv for pU1l'oses specifically related to their
employment as sales persons, caterers. vendors. or agents.
ill The possession of any open container containing any alcoholic
beyerage by any duly ordained or authorized minister. pastor. priest.
rabbi or any other similarly designated person. of any religious order.
monastery. church or religious body. but only for purposes
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Ordinance No. 2001-38
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specifically related to the fulfillment of their religious duties.
ill The possession of any open container containing any alcoholic
beverage by any law enforcement officer and employees of law
enforcement agencies, but only while in the performance of their
lawful duties.
@ The possession of any open container containing any alcoholic
beverage by any person or persons engaged in picking up empty
beverage containers solely for the purpose of collecting the deposit or
value of such containers.
ill The possession of any open containers containing any alcoholic
beverage by any person or persons participating in a litter control or
pick up program.
ill The exceptions stated herein shall apply to only possession and
transportation of alcoholic beverages and open containers and not to
drinking or consuming alcoholic beverages, except for the exception
that applies to passengers as stated in Section 3-1O( d)(1 ) herein.
@ Penalty. Any person found guilty of violating the provisions of this
Section shall be punished by a rme not less than $100.00 and not to exceed $500.00.
When determining the amount of the fine, the following: factors may be considered:
ill The number of open containers that are in the "possession" of the
violator as said term is dermed in Section 3-10 of this Chapter.
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Ordinance No. 2001-38
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ill The failure of the violator to obey a warning of a potential violation
of this Chapter 3 issued by a law or code enforcement officer.
ill Any previous violations of this Chapter 3 by the violator.
ill The threat or risk of the violation to the public health. safety. and
welfare.
ill Signage. Winter Springs personnel shall post and maintain appropriate
signage at all appropriate entrances to the City of Winter Springs warning of the
enforcement of this section. Failure of a person accused of violating this section to
observe such warning or failure of the City of Winter Springs to have such signage
properly posted at the time of the alleged offense shall not constitute a defense to the
enforcement of this section.
Section 3.
Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4.
Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5.
Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
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Ordinance No. 2001-38
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validity of the remaining portions of this ordinance.
Section 6.
Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of
,2001.
PAUL PARTYKA
Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
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