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Home My WebLink About10-038ORDINANCE NO. 10-038 AN ORDINANCE AMENDING CHAPTER 1-3 (ALCOHOLIC BEVERAGES) BY AMENDING SECTION 1-3-1 (HOURS OF SALE REGULATED); OF THE ST. LUCIE COUNTY CODE OF ORDINANCES TO PROHIBIT THE SALE, CONSUMPTION AND SERVICE OF ALCOHOLIC BEVERAGES BETWEEN THE HOURS OF 2:00 A.M. AND 7:00 A.M. OF EACH DAY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Currently Section 1-3-1 of the St. Lucie County Code of Ordinances prohibits the sale, consumption and service of alcoholic beverages between the hours of 2:00 n.m. and 7:00 on weekdays; between the hours of 2:00 a.m. and 1:00 p.m. on Sundays, except that wine, champagne and beer could be consumed or served on the premises after 11:00 a.m. on Sundays in con junction with the service of food in establishments which are accessory to an eating place; and between the hours of midnight and 7:00 a.m. on Monday, except when December 31 falls on a Sunday, in which event the same closing hours applied as on weekdays. 2. This Board believes that amending the current regulations concerning hours of sale for alcoholic beverages to make the County's regulations consistent with the regulations adopted by the City of Fort Pierce is in the best interest of the health, safety and welfare of the citizens of S.t Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners o St Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-3-1 (HOURS OF SALE REGULATED) OF CHAPTER i -3 (ALCOHOLIC BEVERAGES) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES Section 1-3-1 of Chapter 1-3-1 is hereby amended to read as follows: birnelrNKew~h passages are deleted. -1- Underlined passages ore added. n~my0 a O00pssZm z~wC= G~ni~f~m wV0orn3 ~^D;o~ ~c~~,cx rno~~ ~o~m ,= ~ o ~ ~~ o A T ~~ m z o ~ c v ~ z n 0 c Section 1-3-1 Hours of sale regulated. No alcoholic beverages may be sold, consumed or served or permitted to be served or consumed, in any place in the unincorporated areas of the county holding a license under the Florida Division of Beverages of the Department of Business Regulations except for licensees operating bottle clubs as defined in section 561.01(15), Florida Statutes (1990 Supplement), in existence on January 1, 1991, during the following hours (1) Between the hours of 2:00 a.m. and 7.00 a.m. of each ~' f~ , a~ Any bottle club exempted from the provisions of this section shall be treated as a non- conforminguse that is sub ject to the provisions of section 10.00.02 of the St. Lucie County Land Development Code. The exemption of this section shall only apply to the specific licensee operating the bottle club on or before January 1, 1991. PART B. CONFLICTING PROVISION Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1,1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicabiloity to any other person, property or circumstances. Sirnelr#1+rengh passages are deleted. '2- Underlined passages are added. PART D. APPLICABILITY OF ORDINANCE This ordinance shall be applicable throughout the unincorporated area of st. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified opy of this ordinance to the Bureau of Administrative Code and Laws, Department of state, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This Ordinance shall take effect upon receipt of notice of filing from the secretary of state. PART 6. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Charles Grande AYE Vice Chairman Doug Coward AYE Commissioner Paula A. Lewis AYE Commissioner Chris Craft AYE Commissioner Chris Dzadovsky AYE PART 6. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of st. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY of November 2010. ~: ,- OM~~ IssIONL~R5 ~~. LORIDA ~ `~~~ ~ ~::i, ~` ~'~ ~~. '`Z': ~~ :. k r 1 ~.~ ~'y 4 f ~ `!.. ~ •~ Underlined passages are added. ''w ., , ~ D OF COUNTY ATTEST: ~' ~ - 5~':~' CIE COU~I ~~ ~ ~~ -,.. '' eputy Clerk ,~ :' ~ Chair ~' 53rnelr~l+roegh passages are deleted. ' 3' APPROVED ASS TO FORM AND COR~CTNESS~ _ BY. County At Sirdek-khrongh passages are deleted. -4' Underlined passages are added. ~- CHARLIE CRIST Governor November 22, 2010 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Ave Fort Pierce, Florida 34982 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter November 16, 2010 and certified copy of St. Lucie County Ordinance No. 10-038, which was filed in this office on November 19, 2010. Sincerely, Liz Cloud Program Administrator LC/srd DII2ECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 850.245.6600 • FAX: 850.245.6282 • TDD: 850.922.4085 • http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 DAWN K. ROBERTS Interim Secretary of State CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.28]2 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 .850.245.6270 • FAX: 850.245.6282 STATE LIBRARY AND ARCHIVES OF FLORIDA