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05-065 II 1 ORDINANCE NO. 05- Ora s 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 CHAPTER 16, "PARKS AND RECREATION", ARTICLE 6 II, "CITY PARKS AND BEACHES" BY AMENDING 7 ! SECTION 16-38 TO PROVIDE FOR THE 8 CONSUMPTION AND POSSESSION OF ALCOHOLIC 9 BEVERAGES AT CITY RECREATIONAL FACILITIES 10 PURSUANT TO A SPECIAL EVENT PERMIT; 11 PROVIDING FOR CONFLICT, SEVERABILITY, 12 CODIFICATION AND AN EFFECTIVE DATE. 13 14 WHEREAS, staff has become aware that consumption and possession of alcohol at 15 City recreational facilities is not consistent with current practices including the Special Event 16 permitting process; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 determined that it is in the best interests of the citizens and residents of the City to amend the 19 Code to provide for the Special Event permit as an exception to the prohibition of alcoholic 20 beverages. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. That Chapter 16, " Parks and Recreation", Article II "City Parks and 26 Beaches" Section 16-38 is hereby amended by adding the words and figures in underlined 27 type, and by deleting the words and figures in struck-through type, as follows: 28 29 30 31 32 33 34 35 Sec. 16-38. Alcoholic beverages permitted only at designated places; sale; drunkenness No person shall drink or possess alcoholic beverages at any time at any beach or park except for specifically designated recreation centers, where meals or lunches are served under concession privileges, or pursuant to a Special Event Permit issued bv the City. The sale or possession of alcoholic Page 1 " 1 beverages by J! Slf6fl concessionaire, or pursuant to a Special Event Permit will 2 be permitted ander subiect to the strict regulation and control of the Director. 3 Sales and consumption of alcoholic beverages shall be made only in 4 individual drinks (not in original packages or otherwise in bulk), and shall be 5 served for consumption on the immediate premises of the concession. 6 7 Section 3. Should any section or provision of this ordinance or portion hereof, any 8 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 9 such decision shall not affect the remainder of this ordinance. 11 Section 4. Section 5. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon passage. 10 13 FIRST READING this ~ day of OeroBER. ,2005. SECOND, FINAL READING AND PASSAGE this-.Mday of d'rCAt ieK- 12 14 2005. 15 ,,~-- Commissioner '~5~ - '/7 --- ~- ~=~ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ATTEST: 32 :: ~~-4uz;- 35 . ty Clerk ,;- 36 Commissioner Page 2