08-023
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ORDINANCE NO. 08- O;L3
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3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 CHAPTER 3, "ALCOHOLIC BEVERAGES", AMENDING
6 SECTION 3-4, "HOURS OF SALE", TO ELIMINATE THE
7 CURRENT RESTICTION ON THE SALE OF ALCOHOLIC
8 BEVERAGES ON SUNDAY MORNING; AND PROVIDING
9 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
10 AN EFFECTIVE DATE.
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12 WHEREAS, the City Commission of the City of Boynton Beach finds that it is in the
13 best interest of the public to remove the City's restriction of the selling of alcoholic beverages on
14 Sundays.
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
16 CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth above is true and correct and incorporated
18 herein by this reference.
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Section 2.
That Chapter 3, entitled "Alcoholic Beverages", Section 3-4, is hereby
20 amended as follows:
21 Sec. 3-4. Hours of sale.
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23 11 shall be unlawful to sell, deliver or consume or permit the sale, delivery, service or
24 'onsumption on the premises where such licensed business is conducted, of:
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.~... ,\lcuholic beverage; of more than one per cent (1 %) of alcohol by ....'eight between the
s.i:+l~1.;+jOa~ffi:-tmd'&-Q.Q-a:Hl-:Bft-atJ.'Bay5-t'*€ej.7t Sunday: it being the intent of this provi~;ion
. 1Ik' :;ule. :;ervice and (:()n~;umption or alcoholic beveruge~; shall be permitted between the
BUFs-+rf-&.;-OO'u:-fR-:and 2:00 a.m;Bfl-:the-t{)lIowing day except as modified hereinabove ',>,'ith
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(c) The above time limitations prohibiting sale, delivery or consumption of alcoholic
2 everages of more than one per cent alcohol by weight. bet\veen the hours of 2 :00 a.m. and 8 :00
3 .m. on all days except Sunday shall not be applicable on January first of each year.
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4 (d) Alcoholic beverages of more than one per cent of alcohol by '.veight in sealed containers
5 or consumption off the premises bet\veen the hours of2:00 a.m. and 8:00 a.m. on all weekdays
6 nd Saturdays, and on Sundays between the hours of2:00 a.m. and 12:00 noon.
7 a) For purposes of this section, the term "alcoholic beverages" means distilled spirits and all
8 everages containing one-half of 1 percent or more alcohol by volume.
9 b) It shall be unlawful to sell, deliver or consume or permit the sale, delivery. service or
10 onsumption of alcoholic beverage( s) on the premises where such licensed business is conducted,
I) etween the hours of2:00 a.m. and 7:00 a.m., on any day of the week, except New Years Day.
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Section 3.
Each and every other proVIsIOn of Chapter 3, not herein specifically
15 mended shall remain in full force and effect as previously enacted.
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Section 4.
All ordinances or parts of ordinances in conflict herewith be and the same
17 re hereby repealed.
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Section 5.
Should any section or provision of this ordinance or portion hereof, any
19 aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
20 decision shall not affect the remainder of this ordinance.
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Section 6.
Authority is hereby granted to codify said ordinance.
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Section 7.
This ordinance shall become effective immediately upon its passage and
23 doption.
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FIRST READING this 5#7 day of 4 fU,ls-f ,2008.
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SECOND, FINAL READING AND PASSAGE this ~ day of~, 2008.
CITY OF BOYNTON BEACH, FLORIDA
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M. Prainito, CMC
Clerk
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Commissioner - Marlene Ross
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