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O68-04ORDINANCE NO. 68 -~ AN ORDINANCE OF THE CiTY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 3-3 OF THE CODIFIED ORDINANCES OF SAID CITY, ESTABLISHING HOURS OF SALE OF ALCOHOLIC BEVERAGES, PROVIDING FURTHER FOR AUTHORITY TO CODIFY, A SAVINGS CLAUSE, REPEALING PROVISIONS, PENALTY PROVISIONS, AN EFFECTIVE DATE AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1: Thai Section 3-3 of the Codified Ordinances of the City of Boynton Beach be and the same is hereby amended to read: "Sec. 3-3. Hours of sale - Generally. No person, firm or corporation licensed under the provisions of this chapter shall sell, deliver or consume or permit the sale, delivery, service or consumption on the premises where such licensed business is conducted, of: (a) Alcoholic beverages of more than one percent of alcohol by weight between the hours of 5:00 o'clock a.m. and 12:00 o'clock noon SundSy; it being the intent of this provision that the sale, service and consumption of ! alcoholic beverages shall be permitted between 12:00 o'clock noon Sunday and 5:00 o'clock a.m. the succeeding Monday. (b) Alcoholic beverages of more than one percent of alcohol by weight between the hours of 5:00 o'clock a.m. and 8:00 o'clock a.m. on all days except Sunday; it being the intent of this provision that the sale, service and consumption of alcoholic beverages shall be permitted between the hours of 8:00 o'clock a, m. and 5:00 a.m. o'clock on the following day except as modified hereinabove with reference to Sundays. (c) The above time limitations prohibiting sale, delivery or consumption of alcoholic beverages of more than~one percent alcohol by weight, between the hours of 5:00 o'clock a.m. and8~.00 o'clock a.m. on ai-i days except Sunday shall not be applicable on January 1st of each year, except in such years that January 1st falls on a Sunday, in which event the regular closing hours of 5:00 o'clock a.m. to 12:00 noon shall apply. (d) Alcoholic beverages of more than one percent of alcohol by weight on any day of a general or primary election during the hours when the polls are open. (e) Alcoholic beverages of rnore than one percent of alcohol by weight in sealed containers for consumption off the premises between the hou] of 5:00 o'clock a.m. and 8:00 o'clock a.m. on all weekdays and Saturdays, and on Sundays between the hours of 5:00 oTclock a.m. and 12:00 o'clock SECTION 2: Separability. Each of the provisions of this ordinance are separable including word, clause, phrase, or sentence, and if any provision hereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 3: RePeali_ng Provisions. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: Authority to Codif. y... Specific authority is hereby granted to codify and incorporate this ordinance in the City's existing code. SECTION 5: Penalty Provisions. Any person, firm or corpor- ation violating any of the provisions of this section shall upon conviction thereof be fined in an amount not exceeding $500.00, or by imprisonment in the city jail for a period not exceeding ninety (90) days, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. SECTION ~: Effective Date. This ordinance shall become effective in the manner and at the time provided.for by the Charter and Ordinances of the CITY OF BOYNTON BEACH, FLORIDA, First reading this ~:~ day of March, A.D. Second, final reading and passage this ~'~-- A. Do 1968. 1968. day of~ ATTEST: City Clerk ' CITY OF BOYNTON BEACH, FLORIDA Counc ilm an CORPo SEAL Councilman Councilman