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Home My Public Portal About15-30 PROHIBITING SALE OF ALCOHOLIC BEVERAGES WITHING 1,000 FEET OF PARK 1st Reading: July 22, 2015 2nd Reading: September 29, 2015 Public Hearing: September 29, 2015 Adopted: September 29, 2015 Effective Date: September 29, 2015 Sponsored by: City Manager ORDINANCE NO. 15-30 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AMENDING CHAPTER 4, ARTICLE I, SECTION 4-8; PROHIBITING SALE OF ALCOHOLIC BEVERAGES WITHIN 1,000 FEET OF PARKS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Opa-locka created Chapter 4, Article I, Section 4-8 of the Opa-locka Code of Ordinances, prohibiting the sale of alcoholic beverages in close proximity to churches and schools; and WHEREAS, the City Commission believes that prohibiting the sale of alcoholic beverages within 1,000 feet of parks serves an important public purpose and is needed to protect the public health; and WHEREAS,this is especially necessary to protect children. NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. Section 4-8 Article I, Chapter 4 of the Opa-locka Code of Ordinances is hereby amended as follows: Sec. 4-8. Proximity to churches, parks and schools. (a) Generally. Hereafter no intoxicating beverages to be consumed either upon the premises or off the premises shall be sold from a place of business located within Ordinance No. 15-30 one thousand (1,000) feet of a church, park or public school. Beer and wine to be consumed off the premises may be sold from a place of business located five hundred (500) feet or more from a church, park or public school. The method of measurement that shall be applied to determine whether or not a place of business is within or without the required distance from a church or public school, shall be by measurement from the main front entrance of said church or school to the main front entrance of said place of business, along the route of ordinary pedestrian traffic. (b) Hotels, restaurants. Hotels containing not less than fifty (50) guest rooms shall be exempt from the provisions of this section forbidding the sale of liquor to be consumed on the premises within one thousand (1,000) feet of a church or school, as aforesaid. Dining rooms and restaurants, meeting the requirements set forth in section 3-35 where the sale and service of liquor is strictly incidental to the serving of food, which dining rooms and restaurants do not exhibit any sign or display on the outside denoting that liquor is sold or obtainable therein, are likewise exempted from the provisions of this section forbidding the sale of liquor to be consumed upon the premises at a place of business within one thousand (1,000) feet of a church, parks or public school, it being intended hereby that such hotel and restaurant and dining room shall not be prohibited from the sale of liquor for consumption upon the premises by reason of their location within one thousand (1,000) feet of a church, parks or public school. (c) Locations otherwise prohibited. Nothing in this section shall be interpreted to permit the sale of alcoholic beverages in or adjacent to districts where such sale is now prohibited by other ordinances of the city. (d) Grandfather clause. The limitation provisions of this section shall not apply to establishments lawfully in operation and dispensing alcoholic beverages during the year beginning October 1, 1960, provided that such establishment remains in continuous operation. (e) Incidental sale of beer and wine for off-premises consumption. Businesses, such as grocery stores, and other commercial establishments, whose principal business is not the sale of alcoholic beverages, but includes as incidental thereto, the sale of beer and wine to be consumed off the premises, shall be exempt from the provisions of this section. It is intended hereby that such a business shall not be prohibited from the sale of beer and wine for consumption off the premises by reason of its location or proximity to a church, parks or public school. Ordinance No. 15-30 (f) Restaurants selling beer and wine. Restaurants, as defined in section 13-47 of this Code, whose principal business is not the sale of alcoholic beverages, but includes as incidental thereto the sale of beer and wine to be consumed on the premises only, shall be exempted from the provisions of this section. Cross reference— . arr at-,a c`.ore o ralal rirrar '0 afaat,'`_ State law reference— raar t lay sr- Section 3 All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances when the code is recodified. Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective immediately. PASSED AND ADOPTED this 29`h day of September, 2015. A/ yr: L. T.ylor ayor Ordinance No. 15-30 Attest to: Approved as to form and legal sufficiency: 4 0' arena Flores Vincent T. Brown `ity Clerk The Brown Law Group City Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER PINDER Commissioner Vote: 3-2 Commissioner Kelley: YES Commissioner Pinder: NO Commissioner Santiago: YES Vice Mayor Holmes: NO Mayor Taylor: YES 24ND I SUNDAY,AUGUST 23,2015 ND MiamiHerald.com I MIAMI HERALD O�,p-4.0C,, Cpo d' eA c d O % 4 r 1 4 U > �-.l F5 • 4 CITY OF OPA-LOCKA,FLORIDA NOTICE TO THE PUBLIC CITY OF OPA-LOCKA,FLORIDA NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka. NOTICE OF BUDGET HEARINGS Florida will hold a public hearings at its Regular Commission Meeting on Wednesday, FY 2015-2016 September 9.2015 at 7:00 p.m.in the Auditorium at Sherbondy Village,215 President Barack Obama(Perviz)Avenue,Opa-locka.Florida to consider the following items: NOTICE IS HEREBY GIVEN that the City of Opa-Iocka City Commission will SECOND READING ORDINANCES/PUBLIC HEARINGS: hold public hearings at its First Budget Hearing on Thursday.September 10,2015 Ear.5:01 p.m.and Second Budget Hearing on Wednesday,September 23.2015(d; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 5:01 p.m. in the Auditorium at Sherbondy Village.215 President Barack Obama OPA-LOCKA, FLORIDA, ESTABLISHING PROCEDURES FOR AGENDA (Perviz)Avenue,Opa-Iocka.Florida: PREPARATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR PUBLIC HEARINGS: SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE AN ORIDNANCE OF THE CITY COMMISSION OF THE CITY OF DATE(first reading held on July 22,2015). OPA-LOCKA, FLORIDA, ADOPTING A FINAL MILLAGE RATE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- PURSUANT TO SECTION 200.065,FLORIDA STATUTES,FOR FISCAL LOCKA,FLORIDA,AMENDING CHAPTER 86-8,ARTICLES 6.1,6.2,6.3,6.4 YEAR 2015-2016, COMMENDING OCTOBER 1, 2015 THROUGH AND 6.5; PROHIBITING NIGHTCLUBS, BARS, LOUNGES, CLUBS AND SEPTEMBER 30,2016;SETTING FORTH PUBLIC HEARINING DATES; OTHER ESTABLISHMENTS THAT SELL ALCOHOL FROM OPERATING PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR IN RESIDENTIAL DISTRICTS; PROVIDING FOR SEVERABILITY AND REPEAL OF ALL PRIOR ORDINANCES IN CONFLICT; PROVIDING CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE. on July 22,2015). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AN ORIDNANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING AND ADOPTING THE CITY'S OPA-LOCKA,FLORIDA,AMENDING CHAPTER 4,ARTICLEI,SECTION 4-8; BUDGET FOR THE FISCAL YEAR 2015-2016, INCLUDING THE PROHIBITING SALE OF ALCOHOLIC 1,000 FEET OF GENERAL, SPECIAL REVENUE, PROPRIETARY, CAPITAL AND PARKS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING DEBT SERVICE FUND BUDGETS,COMMENCING OCTOBER 1,2015, FOR CONFLICT AND REPEALER;AN EFFECTIVE FOR SEVERABILITY AND THROUGH SEPTEMBER30,2016;PROVIDING FORME EXPENDITURE CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE on July 22,2015). CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF APPROPRIATION OF ALL BUDGET EXPENDITURES; PROVIDING OPA-LOCKA, FLORIDA, AMENDING THE CITY CODE BY CREATING FOR FEES CONSISTENT WITH APPROPRIATION AND AMENDMENT; ARTICLE XV,"MASSAGE THERAPY ESTABLISHMENTS", IN CHAPTER PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING 13, "LICENSES AND BUSINESS REGULATIONS"; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; ADDITIONAL OPERATIONAL STANDARDS FOR MASSAGE THERAPY PROVIDING FOR AN EFFECTIVE DATE. ESTABLISHMENTS:PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDNG FOR INCORPORATION INTO THE CITY CODE; PROVIDING Additional information on the above items may he obtained in the Office of the l ity FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING Clerk.780 Fisherman Street,4"'Floor,Opa-locka,Florida.All interested persons FOR AN EFFECTIVE DATE(first reading held on July 22,2015). are encouraged to attend these meetings and will he heard with respect to the public Additional information on the above items may he obtained in the Office of the City hearings. Clerk,780 Fisherman Street,4° Floor,Opa-locka.Florida.All interested persons are encouraged to attend these meetings and will be heard with respect to the public hearings. In accordance with the Americans with Disabilities Act of 1990. persons [r In accordance with the Americans with Disabilities Act of 1990. persons needing needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 953-28(10 for assistance no later than special accommodations to participate in the proceeding should contact the Office of seven (7) days prior to the proceeding. If hearing impaired. you may telephone the City Clerk at(305)953-2800 for assistance no later than seven(7)days prior to the the Florida Relay Service at 1800) 955-8771 (TTY), (800)955-8770 (Voice), proceeding.If hearing impaired,you may telephone the Florida Relay Service at(800) Y 955-8771(I"fY),(800)955-8770(Voice).(877)955-8773(Spanish)or(877)955-87(17 (877)955-8773(Spanish)or(877)955-8707(Creole). (Creole). PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made PURSUANT TO FS 286.01(15:.intone who desires to appeal any decision made by any by any board agency,or eonrrnission with respect to am.matter considered at such hoard,agency,nr commission with respect to any matter considered at such meeting or meeting or hearing will need a record of the proceeding' roceedings,and.for that reason.may hearing will need a record of the proceedings,and Ihr that reason.mar need to ensure that n verbatim record n/the proceedings is made,which record includes the testimony need to ensure that a vet hatint record of die proceedings is made, whit It record and evidence upon which the appeal mar he based. includes the testimony and evidence upon which the appeal nia.y he based. JOANNA FLORES,CMC JOANNA FLORES,CMC CITY CLERK CITY CLERK