ORDINANCE NO. 17-02

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES, SECTION 3.2, HOURS REGULATED, TO PROVIDE UNIFORM HOURS FOR THE SALE OR SERVICE OF ANY ALCOHOLIC LIQUORS OR BEVERAGES WITHIN THE TOWN; PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Town Council, in 2015, established a Code Review Task Force to review the existing code, particularly provisions other than those recently addressed, and provide recommendations for update; and

WHEREAS, in its’ report dated October 17, 2016, the Code Review Task Force recommended Code Section 3-2 be amended to bring consistency to the hours that alcohol can be served/sold, with the hours being the same for every day of the week; and

WHEREAS, Brevard County, Cape Canaveral, Melbourne, and West Melbourne operate with consistent hours; and

WHEREAS, the Town Council of the Town of Indialantic, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Indialantic.

NOW, THEREFORE, BE IT ENACTED BY THE TOWN OF INDIALANTIC, FLORIDA:

SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference.

SECTION 2. That Chapter 3, Alcoholic Beverages, Section 3.2, Hours Regulated, of the Code of Indialantic, Florida, is hereby amended as follows:

Sec. 3.2. Hours regulated.

It shall be unlawful for any retail vendor of alcoholic beverages holding a license issued by the state to sell, serve or to permit the sale or service of any alcoholic liquors or beverages within the town except during the following hours:

(a) On any day, except Sunday, from 8:00 a.m. until 2:00 a.m. the following day.

(b) On Sundays from 9:00 a.m. until 12:00 Midnight, except beer and wine may be sold for off-premises consumption from 8:00 a.m. Sunday until Midnight.

(c) (b) Customers, patrons, visitors and any other person may remain in any bar, cocktail lounge, or cabaret for the purpose of consuming beverages purchased prior to the established closing hour for a reasonable period of time, not to exceed one-half (1/2) hour beyond the designated closing hour. The above hours shall not be construed to apply to the license holder, manager, or his agent or agents when engaged in the legitimate pursuit of business.

SECTION 3. Severability Clause/Interpretation.

(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

(b) That in interpreting this Ordinance, underlined words indicate additions to existing text, and stricken through words include deletions from existing text. Asterisks (* * * *) indicate a deletion from the Ordinance of text, which exists in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

SECTION 4. Effective Date. This Ordinance shall become effective upon adoption of this Ordinance.

PASSED by the Town Council of the Town of Indialantic on first reading on the 11th day of January, 2017, and ADOPTED by the Town Council of the Town of Indialantic, Florida, on final reading on the 8th day of February, 2017.

TOWN OF INDIALANTIC

______

David Berkman

Mayor

ATTEST:______

Joan Clark

Town Clerk

1st reading: January 11, 2017

2nd reading: February 8, 2017

Effective Date: February 8, 2017

Town of Indialantic Ordinance No. 17-02

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