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HomeMy Public PortalAbout16-15 4.3 HOURS OF SALE IN GENERAL BY REPEALING AND DELETING ALL REFERENCE TO HOURS OF SALES 1st Reading: September 28, 2016 2nd Reading: October 26, 2016 Public Hearings: October 26, 2016 Adopted: October 26, 2016 Effective Date: October 26, 2016 Sponsored by: Commissioner John Riley ORDINANCE NO. 16-15 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AMENDING CHAPTER 4 ARTICLE I SECTION 4.3-HOURS OF SALE IN GENERAL BY REPEALING AND DELETING ALL REFERENCES TO HOURS OF SALES IN GENERAL; PROVIDING FOR INCORPORATION OF RECITAL; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City has established hours for the sale of alcohol within City limits as set forth in Chapter 4 Article 1 Section 4-3 -Hours of sale generally; and WHEREAS, The City Commission believes that it is in the best interest of the City to amend Chapter 4 Article I Section 4.3 by repealing and deleting all references to the hours sale of alcohol within City limits. NOW THEREFORE BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1.The recitals to the preamble herein are incorporated by reference. Section 2.The City Commission of the City of Opa-locka hereby amends Chapter 4 Article I Section 4.3 by repealing and deleting all references to the hours for the sale of alcohol within City limits, as follows: Except as otherwise provided herein, a distributor or vendor of alcoholic or intoxicating beverages shall only sell, serve, offer to sell, allow to be consumed, or deliver any alcoholic or intoxicating beverages to any person over the age of 21: (a)On Sundays between 1:00 p.m. and 7:00 p.m. (b)On any other day of the week between 10:00 a.m. and 10:00 p.m. (c)Vendors operating stores primarily for the sale of products other than alcoholic beverages (excepting such stores as are nonconforming under the zoning regulations) may make sales of beer and wine in sealed containers for consumption off the premises during such hours as their stores legally remain open for the sale of other goods. . . : -- . - . . . _- Ordinance No. 16-15 (Code 1955, § 3-34; Ord. No. 86-17, § 1, 1-14-87; Ord. No. 03-10, § 2, 3-26-03; Ord. No. 06-07, § 1, 9-13-06; Ord. No. 06-13, § 1, 10-25-06) State Law reference—Municipal authority to regulate hours of sale,F.S. § 562.45(2).. Section 3. All ordinances or code provisions in conflict herewith are 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 26th day of October, 2016. M fa L. Tay or Mayo Attest to: Approved as to form and legal sufficiency: n Joanna Flores Vincent T. Brown, Esq. C.'y Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER RILEY Seconded by: COMMISSIONER SANTIAGO Commissioner Vote: 3-2 Commissioner Kelley: NO Commissioner Riley: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: NO Words stricken though and/or [[double bracketed]] shall be deleted. Words underscored and/or »double arrowed<< constitute the proposed amendment. Remaining provisions are in effect and remain unchanged. 16NW NEIGHBORS SUNDAY OCTOBER 16 2016 MIAMIHERALD.COM_ , r. COUNTRY WALK*. FROM PAGEV1NW Fall Arts & the museum exhibit to help u illustrate The Villager's story and, Tuesday,October CALENDAR historic preservation in of 18 historic preservation in Miami- Dade.Anon-for-profit,The Art Roundtable:Jen Clay Lunch- rafts Festival Villagers,Inc.is Miami-Dade time discussion featuring Fort showcase different uses of tech- caust film,a Holocaust encyclo- County's oldest historic preserve- Lauderdale-based multimedia Saturday,November 5th 201610am$pm nology,including Jessie Laino,Sri pedia,and wall maps that feature tion organization,founded in artist Jen Clay,whose work is Prabha,Jonathan Rockford and various extermination and con- 1966.Oct.16-Oct.2157 adults;$5 influenced by children's educa- 14601 Country Walk Drive,Miami,El 33186 Oliver Sanchez.Oct.16-Oct.21 centration camps.The second students;$3 6-12;under 3 and tional TV shows.Clay will explore A' 10 a.m.$14 per person;$12 for section contains American news- Military families,free.Coral how these shows use edutain- Broward County residents,se- papers dated from the 1930s to Gables Museum 285 Aragon Ave., ment and applied behavior *. Y'at l niors and children over age 1;and the 1940s,a screen that displays Coral Gables. analysis to encourage learning t,*: /' $11 for military members and film footage from the Holocaust, and curiosity.Clay creates wear- `" *I a VISIONARIES OF THE LIGHT -- their immediate families.Young Nazi propaganda material,and able and performative sculptures The SaludArte Foundation in e y R If 01 , at Art Museum 751 SW 121 Ave., original artifacts. for video works that explore Tr r, S, Davie. RSVP5 must be submitted by collaboration with NAEMI(Na- feelings of trauma and abuse,and ,` (M ", Oct.10.For more information or tional Art Exhibitions of the creates live versions of her video ,; ;,<. Holocaust Reflection and Re- Mentally III)present the exhibi- t-i_i_, to RSVP,contact Lilly Valiente at y series,which incorporate aesthet- ..... !rig # source Room Dedication Nova lion"VISIONARIES OF THE Southeastern University's Alvin Iv297 @nova.edu or 954-262-4578. ics from 1990's puppet shows and Y LIGHT".The exhibition is an Oct.1610:30 a.m.-1 p.m.Free magic acts. c# ,. Sherman Library will host a exploration of works between ,4z , c "° -- z. Nova Southeastern University- p Free for museum members: 1 dedication event for the Holo- Alvin photography,photo a-" p '+ Alvin Sherman Library 3100 Ray s10 non-members.Limited °,;^ ,r _ caust Reflection and Resource Ferrero Jr.Blvd.,Fort Lauderdale. collage,and photo objects sculp- seating. 6_ .- ;,,, � ," Room on Sunday,October 16 tures from artists that do not RSVP required moareserva- from 10:30 a.m.to 1 p.m.in room Mano at FrameWorks Frame- belong to any"official pattern." tions moafI or or 954-262- "` - '"` '°% 2005 on the second floor of the Works roudl resents"Mano". @ g - P y P The opening night will be 0258. '` library.The dedication ceremony The gallery also exhibits a diverse taking place at Saludarte/ldeobox Lunch may be pre-ordered INTERESTED IN BEING A VENDOR? for the room,which was donated group of local and international artspace(2417 Miami Ave,33127 from the museum cafe.Oct.1812 WOULD YOU LIKE TO SHOWCASE YOUR ITEMS&TALENTS' by Craig and Barbara Weiner,will artists creating contemporary 2nd floor),from October 6(6 pm p.m.-1:30 p.m.FREE for museum start at 11 a.m. paintings,works on paper,fine to 9 pm)till November 10th.Oct. members;$70 for non-members WANTED:FARMERS MARKET VENDORS! The room will center around art photography,encaustic 16-Oct.21 Ideobox Art Space NSU Art Museum Fort Lauderdale Contact Julie For Furthet Information at cwrecmgrecountrywalkhoa,org two sections.The first is a corn- collage and sculpture.Oct.16 2417 N.Miami Ave.,Miami. One E.Las Olas Blvd. Vendor Fee 55000 Deadline for vendorregistra0on is Monday,October 31st puter room where visitors can -Oct.21 FrameWorks 3196 Corn- Limited Space Available!305-238-g336 Ext.12 view survivor testimonies,Holo- modore Plaza,Coconut Grove. Monde October Seth Cameron:Measure for Y+ Measure MIAMI(August 9,2016)- Vendor Applications available at www,counttywalkhoa.orp Miami Culinary Tours South 17 Nina Johnson(formerly Gallery Beach Walking Food&Culture Tour Oct.16-Oct.21 12 m.-2:30 Coming Together Diet)is pleased to present ain- p. ng ogether After Loss: sure for Measure,the first paint- p.m.,5 p.m.-7:30 p.m.49-59 South LGBT Grief Support Group With Beach Ocean Dr.and Eighth St., the recent Orlando tragedy,it is ing exhibition Seof th the artist,writer Miami. important now more than ever and educator,Seth Cameron. for the LGBT(lesbian,gay,bisex- Measure for Measure is the This Land Is Your Land This first public exhibition of a here- CITY OF OPA-LOCKA exhibition considers America's ual and transgender)community tofore private practice.Born in NOTICE TO THE PUBLIC to come together and support National Park Service as it enters anyone who is grieving the death 1982 in South Carolina,Cameron its second century with a partic- studied at The Cooper Union for of a loved one.To encourage NOTICE IS HEREBY GIVEN ttm me City Commission of u.Cary of Opa,locka.Hon&win hold public hearings at its Rosular ular focus on South Florida's four this,VITAS Healthcare is holding the Advancement of Science and Cotnmisalon Meeting on Wednes day,October 26,2016 at 7410 PM th the Auditorium Si Shorbondy Village.215 Porvis Avenue,Opa-toed.Florida. national park sites:Everglades, Art where he now leads The to consider the following items. Biscayne and Dry Tortugas Na- a free monthly bereavement Intradisciplinary Seminar.He lives support group for the LGBT SECOND READING ORDINANCES/PUBLIC HEARING: tional Parks and Big Cypress and works in Brooklyn,New York National Preserve.Its purpose is communities,friends and family. as a founding member of The AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA, to elevate awareness of our The group will be facilitated by Bruce High Quality Foundation CREATING CHAPTER 23 OF THE CODE OF ORDINANCES,ESTABLISHING A COMPLAINT national parks with the hope of VITAS'specially,trained bereave- and President of the collective's PROCESS, METHOD OF INVESTIGATION, AND REMEDIES FOR EMPLOYEES AND motivating action toward their ment staff and is open to anyone free art school,BHQFU.He is a INDEPENDENT CONTRACTORS WHO REPORT ACTIVITIES IN VIOLATION OF SECTION continued protection.Experi- grieving or who has previously frequent lecturer on the in- 1123187 OF THE FLORIDA STATUTES;PROVIDING FOR CODIFICATION,CONFLICT,AND approach, grieved the death of a friend or cube)in a roach,this exhibition loved one from the LGBT com- ternational alternative arts educa- REPEALER,AND PROVIDING FOR AN EFFECTIVE DATE(first reading held on September 28,2016). presents natural and cultural munity.Oct.17 6:30 p.m.-8 p.m. tion circuit,a sometimes profes- objects,artwork and film to sot of Creative Writing and AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA, communicate the national park Free LGBT Visitor Center 1130 Experimental Art History and a AMENDING CHAPTER 4 ARTICLE I SECTION 4.3—HOURS OF SALE IN GENERAL BY idea and experience.Oct.16 12 Washington Ave.,Miami Beach. contributor-here and there-to REPEALING AND DELETING ALL REFERENCES TO HOURS OF SALES IN GENERA!,; p.m.-S p.m.;Oct.18-Oct.20,Oct. Town of Cutler Bay Senior The Brooklyn Rail.In spare mo- PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND 21 12 p.m.-6 p.m.Included in Games This year's Senior Games ments he writes and records REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. admission Coral Gables Museum will include tennis,pickleball, unpopular pop music.Two kids. Vim reading held an September 28,2016) 285 Aragon Ave.,Coral Gables. bowling,horseshoe,shuffle- Two cats.One house.One Villagers'Exhibit Celebrates"SO board,and much more,with spouse.Oct.18,Oct."9,Oct.20, AdJUtmal Info non on the aho,oitem.may be obtained�n the Office of the City Clerk.780 Fishermen Street.4a.floor,lips Locke.Ronda 99051_ 9 competitions taking place at Oct.2111 a.m.-5 p.m.Free Nina All interested persons are eocoomgod to attend this meeting and will he heard with respect to the public hearings. Years of Saving Places" The various town parks from October Johnson Gallery 6315 NW 2nd In accordance with the Amedcao.with Disabilities Act of 1990,persons noodrsg special accommodations to participate m the proceeding shoals Villagers,Quilts and 50 Years of 17-21,2016.Registration will be Ave.,Miami. contact the Office of die the Cory Clerk at(305;953.2800 for assistance no later than seven(7)days prior to e proceeding.If heanog impaired,you Preservation"exhibit will run open through September 26, 00) may telephone the Floods kclay Service at(800)955-8771(TTY).(8955-8770(Voice),(877)955.8773(Spanish)or(877)955.8707(Creole). from October 7-23.During their 2016.Oct.17-Oct.219d.m.-2 p.m. Thursday,October PURSUANT TO FS 206.0105:Anyone tom desires to appeal any decis=ion made by too hoard,agena,or commus4,n with respect to any mutter annual Holiday House Tour,The Y+ coos oieredat.s uchmrolrrgor hearing will need a retard,t me prof eedra0r:and frt harrear,m,may need to ensure that a verbatim rec ordofthe Villagers have raffled anhistor- Cutler Ridge Park 70100 SW 200 20 proceedings arcade.Ouch record ivdades the testimony andnvrdeore upon which the appeal may he based ically-inspired quilt for the last 26 SL.Miami. I,ORFS,CMC years.Fourteen of the handmade JOANNA F quilts will be a featured part of CITY CLERK SEE CALENDAR,18NW Opa-locka, FL Code of Ordinances Page 1 of 1 Sec. 4-3. - Hours of sale generally. Except as otherwise provided herein, a distributor or vendor of alcoholic or intoxicating beverages shall only sell, serve, offer to sell, allow to be consumed, or deliver any alcoholic or intoxicating beverages to any person: (a) On Sundays between 1:00 p.m. and 7:00 p.m. (b) On any other day of the week between 10:00 a.m. and 10:00 p.m. (c) Vendors operating stores primarily for the sale of products other than alcoholic beverages (excepting such stores as are nonconforming under the zoning regulations) may make sales of beer and wine in sealed containers for consumption off the premises during such hours as their stores legally remain open for the sale of other goods. Notwithstanding, the sale of alcoholic beverages referred to herein shall be prohibited on Sundays between 3:00 a.m. and 1:00 p.m. (Code 1955, § 3-34; Ord. No. 86-17, § 1, 1-14-87; Ord. No. 03-10, § 2, 3-26-03; Ord. No. 06-07, § 1, 9-13-06; Ord. No. 06-13, § 1, 10-25-06) State Law reference— Municipal authority to regulate hours of sale, F.S. § 562.45(2). about:blank 9/23/2016 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 Select Year: 2016 Go The 2016 Florida Statutes Title XXXIV Chapter 562 View Entire ALCOHOLIC BEVERAGES AND BEVERAGE LAW: Chapter TOBACCO ENFORCEMENT 562.45 Penalties for violating Beverage Law; local ordinances; prohibiting regulation of certain activities or business transactions; requiring nondiscriminatory treatment; providing exceptions.— (1) Any person willfully and knowingly making any false entries in any records required under the Beverage Law or willfully violating any of the provisions of the Beverage Law, concerning the excise tax herein provided for shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. It is unlawful for any person to violate any provision of the Beverage Law, and any person who violates any provision of the Beverage Law for which no penalty has been provided shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, that any person who shall have been convicted of a violation of any provision of the Beverage Law and shall thereafter be convicted of a further violation of the Beverage Law, shall, upon conviction of said further offense, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2)(a) Nothing contained in the Beverage Law shall be construed to affect or impair the power or right of any county or incorporated municipality of the state to enact ordinances regulating the hours of business and location of place of business, and prescribing sanitary regulations therefor, of any licensee under the Beverage Law within the county or corporate limits of such municipality. However, except for premises licensed on or before July 1, 1999, and except for locations that are licensed as restaurants, which derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to chapter 509, a location for on-premises consumption of alcoholic beverages may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location as promoting the public health, safety, and general welfare of the community under proceedings as provided in s. 125.66(4), for counties, and s. 166.041(3)(c), for municipalities. This restriction shall not, however, be construed to prohibit the issuance of temporary permits to certain nonprofit organizations as provided for in s. 561.422. The division may not issue a change in the series of a license or approve a change of a licensee's location unless the licensee provides documentation of proper zoning from the appropriate county or municipal zoning authorities. (b) Nothing in the Beverage Law shall be construed to affect or impair the power or right of any county or incorporated municipality of the state to enact ordinances regulating the type of entertainment and conduct permitted in any establishment licensed under the Beverage Law to sell alcoholic beverages for consumption on the premises, or any bottle club licensed under s. 561.14, which is located within such county or municipality. http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_St... 9/30/2016 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 (c) A county or municipality may not enact any ordinance that regulates or prohibits those activities or business transactions of a licensee regulated by the Division of Alcoholic Beverages and Tobacco under the Beverage Law. Except as otherwise provided in the Beverage Law, a local government, when enacting ordinances designed to promote and protect the general health, safety, and welfare of the public, shall treat a licensee in a nondiscriminatory manner and in a manner that is consistent with the manner of treatment of any other lawful business transacted in this state. Nothing in this section shall be construed to affect or impair the enactment or enforcement by a county or municipality of any zoning, land development or comprehensive plan regulation or other ordinance authorized under ss. 1, 2, and 5, Art. VIII of the State Constitution. History.—s. 15, ch. 16774, 1935; s. 3, ch. 19301, 1939; CGL 1940 Supp.4151(240), 7648(6); s. 4, ch. 29964, 1955; s. 1, ch. 57-327; s. 573, ch. 71-136; s. 2, ch. 72-230; s. 1,ch. 87-365; s. 24, ch. 91-60; s. 4, ch. 97-165; s. 2, ch. 99-156; s. 128, ch. 2014-17. Copyright © 1995-2016 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/STATUTES/index.cfm?App mode=DisPlay Statute&Search_St... 9/30/2016 1st Reading: MARCH 12, 2003 2nd Reading/Public Hearing: MARCH 26, 2 0 0 3 Adopted: MARCH 26, 2 0 0 3 Effective Date: MARCH 2 6, 2 0 0 3 Sponsored by: D. Johnson Ordinance No. 03-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA AMENDING SECTION 4-3(A)AND (C) OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES DEALING WITH HOURS OF SALE FOR ALCOHOLIC BEVERAGES BY DISTRIBUTORS OR VENDORS, TO BE CONSUMED OFF THE PREMISES, AND VENDORS OPERATING STORES WHERE THE SALE OF ALCOHOLIC BEVERAGES IS INCIDENTAL TO PRIMARY BUSINESS, BY PROVIDING FOR A CHANGE IN THE HOURS OF SALE ON SUNDAYS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND INCLUSION IN THE CODE OR ORDINANCES WHEREAS, Section 4-3 (a) of the Code of Ordinances presently prohibits the sale of alcoholic beverages by distributors and vendors of alcoholic beverages on Sundays between 3:00 a.m. and 9:00 a.m.; and WHEREAS, Section 4-3 (c) of the Code of Ordinances presently allows for vendors operating stores primarily for the sale of products other than alcoholic beverages to sell beer and wine in sealed containers for consumption off the premises during the hours said stores legally remain open for the sale of other goods; and WHEREAS,in an effort to enhance the environment of the Opa-locka community and better provide for the health, safety and general welfare of it residents, the City Commission deems it advisable and appropriate to extend the hours on Sundays wherein the sale of alcoholic beverages by distributors and vendors to be consumed off the premises,and vendors operating stores where the sale of alcoholic beverages is incidental to primary business,is prohibited. 1 NOW,THEREFORE,BE IT 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 4-3 is amended in the following particulars:' "Sec. 4-3 Hours of sale generally. (a) On Sundays between 3:00 a.m. and 9:000-a.m. 1:00 p.m. (c) Vendors operating said stores primarily for the sale of products other than alcoholic beverages (excepting such stores as are nonconforming under the zoning regulations)may make sales of beer and wine in sealed containers for consumption off the premises during such hours as their stores legally remain open for the sale of other goods. Notwithstanding, the sale of alcoholic beverages referred to herein shall be prohibited on Sundays between 3:00 a.m. and 1:00 p.m. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 4. If any section,part of section,paragraph,clause,phrase,or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. Section 5. This ordinance shall become effective in the manner provided by law. Section 6. This ordinance upon adoption shall be codified and included in the City of Opa-locka Code of Ordinances. 1 Words stricken through are deletions. Words underlined are additions. Asterisks indicate unchanged language. 2 PASSED AND ADOPTED this 26 day of MARCH ,2003. it ` � ti y&_.] ()V MAYOR Attest: Approved as to form and legal sufficiency: _ _ 1 C CI CLERK CIT A RNEY 1 al 3/3/03 DATE Moved by: VICE MAYOR JOHNSON Second by: COMMISSIONER KELLEY Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Tydus: YES Commissioner Kelley: YES Vice-Mayor Johnson: YES Mayor Taylor: YES Ordinance/Alcoholic Beverages 3 1st Reading: JULY 26, 2006 2' Reading/Public Hearing: SEPTEMBER 13, 2006 Adopted: SEPTEMBER 13, 2006 Effective Date: SEPTEMBER 13, 2006 Sponsored by: D. Johnson Ordinance No. 0 6-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA AMENDING ARTICLE I,SECTION 4-3(a) AND(b)OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES RELATING TO HOURS OF SALE FOR ALCOHOLIC OR INTOXICATING BEVERAGES BY PLACING A LIMITATION ON VENDORS OR DISTRIBUTORS OF SAME BY ALLOWING THE SALE OF ALCOHOLIC OR INTOXICATING BEVREAGES ONLY BETWEEN THE HOURS OF 9:00 A.M. AND 7:00 P.M. AND ON SUNDAYS BETWEEN 1:00 P.M. AND 7:00P.M.; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; FURTHER PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION IN THE CODE OF ORDINANCES NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. "Section `4.3 Hours of sale generally.' is amended in the following particulars: 1 Except as otherwise provided herein,no a distributor or vendor of alcoholic or intoxicating beverages shall only sell, serve,offer to sell, allow to be consumed, or deliver any alcoholic or intoxicating beverage to any person: (a) On Sundays between 3:00 a.m. and 1:00 p.m. 1:00 p.m. and 7:00 p.m. (b) on any other day of the week between 3:00 a.m.and 7:00 a.m. 9:00 a.m. and 7:00 p.m." Section 2. Any ordinances or parts of ordinances in conflict herewith are hereby 1 Words stricken through indicate deletions. Words underlined indicate new language.Asterisks indicate unchanged language. 1 repealed. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction,then said holding in no way affects the validity of the remaining portions of this Ordinance Section 4. This ordinance shall become effective in the manner provided by law. Section 5. This Ordinance shall upon adoption be codified in the City of Opa-locka Code of Ordinances. PASSED AND ADOPTED this 13 day of SEPTEMBER ,2006. MAYO • - t: Approved as to form gal sufficiency: CITY C RIC CITY A R Y Tzv DA Moved by: COMMISSIONER JOHNSON Second by: COMMISSIONER TYDUS Commission Vote: 4-1 Commissioner Holmes: YES Commissioner Tydus: YES Commissioner Johnson: YES Vice-Mayor Pinder: NO Mayor Kelley: YES D:Ordinance/Amending Article I Section 4-3-revised-09-06 2 1st Reading: October 1 1 , 2006 2nd Reading/Public Hearing: October 2 5, 2 0 0 6 Adopted: October 25, 2006 Effective Date: October 25, 2006 Sponsored by: D. Johnson Ordinance No. 0 6-1 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AMENDING ORDINANCE NO. 06-07 RELATING TO HOURS OF SALE FOR ALCOHOLIC OR INTOXICATING BEVERAGES BY PLACING A LIMITATION ON VENDORS OR DISTRIBUTORS OF SAME BY AMENDING ARTICLE 4.3 (b) TO ALLOW FOR SALE DURING WEEKDAYS BETWEEN THE HOURS OF 10:00 A.M. AND 10:00 P.M.; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; FURTHER PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION IN THE CODE OF ORDINANCES NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. " `Section 4.3 Hours of sale generally' is amended in the following particulars:) Accept otherwise provided herein, a distributor or vendor of alcoholic or intoxicating beverages shall only sell, serve, offer to sell, allow to be consumed,or deliver any alcoholic or intoxicating beverages to any person: (b) on any other day of the week between 10:00 a.m. and 700-p.m. 10:00 Section 2. Any ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be I Words underlined indicate new language. Words stricken through indicate deletion of language. Asterisks indicate language which remains unchanged. unchanged. invalid,the remainder of this Ordinance shall not be affected by said invalidity. Section 4. This ordinance shall be codified upon adoption and included in the City of Opa-locka,Florida Code of Ordinances. PASSED AND ADOPTED this 25 day of October , 2006. AYOR At -st: ' Approved as to form ant egal sufficiency: 4"--A //f C CLERK CI '•RN. DATE Moved by: VICE MAYOR PINDER Second by: COMMISSIONER JOHNSON Commission Vote: 3-1 Commissioner Holmes: NOT PRESENT Commissioner Tydus: NO Commissioner Johnson: YES Vice-Mayor Pinder: YES Mayor Kelley: YES D:Ordinance:Ordinance-Amending 06-07-12-06-revised 2