O82-02ORDINANCE NO. 82-2
· AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA,
PROPOSING THE ADOPTION BY REFERENDUM
voTE OF THE ELECTORS OF THE CITY OF
BOYNTON BEACH OF AN ORDINANCE
GOVERNING THE HOURS OF SALE OF
ALCOHOLIC BEVERAGES WITHIN THE CITY
OF BOYNTON BEACH; PROPOSING TO ADOPT
SECTION 3-4 "HOURS OF SALE" BY
REFERENDUM VOTE; PROVIDING AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, Chapter 3 "Alcoholic Beverages", Section 3-4,
Hours of Sale" of the Code of the City of Boynton Beach presently
governs the hours of sale of alcoholic beverages in the City of
Boynton Beach.
WHEREAS, it has been proposed that the electors of the
City should consider whether they wish to adopt said hours of sale
by referendum vote.
NOW, THEREFORE, BE AND IT IS ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BOYNTON BEACH:
Section 1. The City Council proposes the adoption of
Section 3-4 "Hours of Sale" to read as follows:
Sec. 3-4. Hours of sale.
It shall be unlawful to sell, deliver or consume'
or permit the sale, delivery, service or con-
~sumption on the premises where such licensed
business is conducted, of:
(a) Alcoholic beverages of more than one per
cent (1%) of alcohol by weight between
the hours of 2:00 a.m. and 12:00 noon
Sunday; it being the intent of this
provision that the sale, service and con
sumption of alcoholic beverages shall be
permitted between 12:00 noon Sunday and
2:00 a.m. the succeeding Monday.
(b) Alcoholic beverages of more than one per
cent (1%) of alcohol by weight between
the hours of 2:00 a.m. and 8:00 a.m. on
(c)
(d)
all days except Sunday; it being the
intent of this provision that the sale,
service and consumption of alcoholic
beverages shall be permitted between thc
hours of 8:00 a.m. and 2:00 a.m. on the
following day except as modified herein-
above with reference to Sunday.
The above time limitations prohibiting
sale, delivery or consumption of alcohol
beverages of more than one per cent (1%)
alcohol by weight, between the hours of
2:00 a.m. and 8:00 a.m. on all days
except Sunday shall not be applicable
on January first of each year, except
in such years that January first falls
on a Sunday, in which event the regular
closing hours of 2:00 a.m. to 12:00 noo~
shall apply.
Alcoholic beverages of more than one pe~
cent (1%) of alcohol by weight in seale~
containers for consumption off the pre-
mises between the hours of 2:00 a.m. an~
8:00 a.m. on all weekdays and Saturdays
and on Sundays between the hours of
2:00 a~m. and 12:00 noon.
Section 2. That the official ballot title of said
referendum as required by Florida Statutes 101.161 (1980) shall
read as follows:
"Adoption by Referendum of
Boynton Beach Alcoholic
Beverage Hours of Sale".
yes
no
Section 3. That the official substance of the amendment
to be placed on the ballot in said referendum as required
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by Florida Statutes 101.161 (1980) shall read as follows:
Adoption of Chapter 3, Section 3-4 "Alcoholic
Beverage" providing that the sale of alcoholic
beverages shall be between the hours of 12:00
noon Sunday and 2:00 a.m. on the succeeding
Monday and between 8:00 a.m. and 2:00 a.m~ on
all days except Sunday provided that the
limitation shall not apply on January 1 of
each year.
Section 4. That the City Clerk is hereby instructed to
immediately submit a certified copy of this Ordinance to the
Supervisor of Elections for Palm Beach County in order that said
Referendum may be placed on the ballot for March of this year that
said City Clerk is further required to take all actions necessary
to see that said Referendum is placed on the ballot at the time
of the municipal electiQn.
Section 5~ This Ordinance shall become effective ten
(10) days after said'has been passed by a majority of the qualifie~
electors of the City voting in the referendum election.
Section 6. Should any portion, sentence, paragraph or
~ord of this Ordinance be declared by a court of competent juris-
diction to be invalid, said ruling shall not affect the remainder
of this Ordinance.
FIRST READING this ~ day of ~_ , 1982.
SECOND and FINAL READING this ~ day ~ ,
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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