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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. -2- 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 -3- (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 -5- 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 -6- ATTEST: ICE MAYOR~/ CO0~C~L MEMBER COUNCIL MEMB~ -7-