O86-09ORDINANCE NO. ~
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 3 ALCOHOLIC BEVERAGES, SECTION
3-1 DEFINITIONS BY ADDING DEFINITIONS
FOR BEVERAGE LAW, COMMERCIAL ESTABLISHMENT
PARKING LOT, CONTAINER, MOTOR VEHICLE,
PERSON, AND PUBLIC OR SEMI-PUBLIC AREA
OPEN FOR VEHICULAR TRAVEL; BY FURTHER
AMENDING CHAPTER 3 ALCOHOLIC BEVERAGES,
SECTION 3-5 CONSUMPTION IN STREETS PRO-
HIBITED TO PROHIBIT THE CONSUMPTION OR
POSSESSION OF ALCOHOLIC BEVERAGES AND
UNSEALED CONTAINERS IN AND AROUND COM-
MERCIAL ESTABLISHMENT PARKING LOTS AND
MOTOR VEHICLES; PROHIBITING THE CON-
SUMPTION OR POSSESSION OF ALCOHOLIC
BEVERAGES IN PUBLIC STREETS OR ALLEYS
OF THE CITY OR OUTSIDE OF ANY BUILDING
IN A NON-RESIDENTIAL ZONE OF THE CITY;
PROVIDING FOR EXCEPTIONS; PROVIDING
AUTHORITY TO CODIFY; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA:
Section 1: Chapter 3 ALCOHOLIC BEVERAGES, Section 3-1.
Definitions. of the Code of Ordinances, City of Boynton Beach,
Florida is hereby amended to read as follows:
Section 3-1. Definitions.
For the purpose of this chapter:
ALCOHOLIC BEVERAGES means all beverages containing
more than one per cent (1%) of alcohol by weight.
BEER means all brewed beverages containing malt.
BEVERAGE LAW - Florida Statutes Chapters 561, 562, 563,
564, 565, 567, 568.
COMMERCIAL ESTABLISHMENT PARKING LOT - any private or
oublic area appurtenant to commercial establishments used by the
public for parkinq for, and pedestrian access to, commercial
establishments, includinq drives, parkinq areas, and sidewalks
and walkways appurtenant thereto.
CONTAINER - any can, bottle, carton, or other vessel
of alcoholic beveraqe.
LIQUOR - includes "distilled spirits" and shall include
all spirituous beverages created by distillation, and by mixture
of distilled beverages by what is commonly termed "blending."
MO~gR VEHICLE - any vehicle which is not powered by
muscular poi er.
PERSON - any natural person, corporation, partnership,
association, or entity.
PUBLIC OR SEMI-PUBLIC AREA OPEN FOR VEHICULAR TRAVEL -
all public and private roads, streets, highways, lanes, alleys,
parking lots, and parkinq areas on which the public is expressly
or implicitl invited to travel by motor vehicle or which is
otherwise open for vehicular travel. It'shall not include
areas (1) such as golf courses, go-cart tracks, moto-cross
tracks, and similar areas; and (2) private driveways or property
servinq a single dwelling unit.
WINE - means all beverages made from fresh fruits,
berries or grapes, either by natural fermentation or by fermen-
tation with brandy added, in the manner required by the laws and
regulations Df the United States, and includes all sparkling
wines, champagnes, combination of the aforesaid beverages,
vermouths, and like products. Sugar, flavors, and coloring
materials ma'~ be added to wine to make it conform to the consumer'~
taste, excep~ that the ultimate flavor or the color of the product
may not be altered to imitate a beverage other than wine or to
change the ci~aracter of the wine.
VENi)OR - means all persons who sell beverages herein
referred to ~t retail.
Sec ~ion 2: Chapter 3 ALCOHOLIC BEVERAGES, Section 3-5.
Consumption .n Streets Prohibited, of the Code of Ordinances,
City of Boyn~on Beach, Florida is hereby amended to read as
follows:
Section 3-5. ~m~-~-S~ee~-~®h~e~
Possession or Consumption Prohibited.
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Dm
administrative approval unless such
alcoholic beverage is in the original
container with the seal unbroken.
It shall be unlawful for any person to
possess any container of alcoholic beverage,
except an original container with the seal
unbroken or to consume any alcoholic beverage,
in or on a motor vehicle being operated on
a public or semi-public area open for
vehicular travel.
It shall be unlawful for any person to con-
sume or possess any alcoholic beverage upon
the public streets or alleys of the City,
or outside of any building in a non-
residential zone of the City, unless
there are seating arrangements for patrons
at permanent tables provided by an estab-
lishment licensed to sell alcoholic
beverages. Provided, however, that the
City Manager may grant a permit for a
special event (such as a building
dedication, non-profit activity, or the
like) in a defined location for a period
not to exceed twelve (12) hours permit-
ting the serving and consumption of
alcoholic beverages on private, non-
residentially zoned property. To
receive such a permit, an applicant
must make application at least seven (7)
days prior to the event. Any permit
granted hereunder may be conditioned
upon the applicant complying with such
terms and requirements as are necessary to
protect the public health, safety and
welfare.
(t) The following unlawful acts are prohibited:
A. It shall be unlawful for any person to
drink or consume any alcoholic beverage
in or within five hundred (500') feet
of a commercial establishment parking
lot in the City of Boynton Beach,
except in those areas in which con-
sumption is permitted pursuant to
the Beverage Law; special or General
act of the State Legislature; the
Florida Administrative Code; or City
Ordinance, Resolution or administrative
approval. Nothing herein shall prohibit
consumption on private property within
five hundred (500') feet of a commercial
establishment parking lot; provided that
the owner or person in control of said
private property has explicitly consented
to such consumption.
.B. It shall be unlawful for any person to
possess any alcoholic beverage in or
within five hundred (500') feet of a
commercial establishment parking lot
in the City of Boynton Beach except in
those areas in which such possession is
permitted pursuant to Beverage Law;
special or general act of the State
Legislature; the Florida Administrative
Code; or City Ordinance, Resolution or
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(2)
At
This Ordinance shall ~ot apply to:
!
Any person engaged in picking up empty beverage
containers for the Purpose of collecting the
deposit or value of the bottle or can itself,
nor to any person-taking part in a litter
control campaign.
The possession of any open container by
any licensed distributor or licensed
vendor of alcoholic beverages provided
that such alcoholic beverage is being
transported solely for commercial purposes.
The transportation of any open container of
alcoholic beverage in or on any motor vehicle
provided that such container is in a compart-
men~ of the vehicle not readily accessible
to the driver or passengers, such as a
locked (not merely latched) glove compart-
ment, trunk, or other non-passenger or
non-driver area of the motor vehicle.
The transportation of any open container
or consumption of alcoholic beverage in
or on any motor vehicle duly licensed and
operated for hire to transport passengers,
such as charter buses, regularly scheduled
buses, taxi cabs, and the separate passenger
compartments of limousines; provided the
operator thereof is not in immediate
possession of, or engaged in the con-
sumption of, any alcoholic beverage or
open container of alcoholic beverage.
The operation, for a consideration, of any
motor vehicle by an individual duly licensed
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and supplied by a chauffeur service, limou-
sine'service, taxicab company, or bus company;
provided the operator thereof is not in
immediate possession of, o~.engaged in the
consumption of, any alcoholic beverage or
open container of alcoholic beverage, and is
pperating the vehicle while under, and in
the Scope of, the employment of a chauffeur
service, limousine service., taxicab company,
or bus company. The operator must have in
his possession evidence of emp!0yment by
a bonafide chauffeur service, limousine
service, taxicab company, or bus company.
Section 3: Each and every other provision of Chapter 3
~IC BEVERAGES shall remain in full force and effect as
previously enacted.
Section 4: Specific authority is hereby given to codify
· this Ordinance.
Section 5: All other ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 6: Should any section or provision of this
Ordinance or any portion hereof be declared by a court of com-
petent jurisdiction to be invalid, such decision shall not affect
the remainder of this Ordinance.
Section 7: This Ordinance shall become effective
immediately upon passage.
FIRST' READING.this ~ ~ day of ~ 1986
SECOND
READING
AND
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
ICE MAYOR~/
CO0~C~L MEMBER
COUNCIL MEMB~
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