19-035 1 ORDINANCE 19-035
2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
3 FLORIDA AMENDING THE CODE OF ORDINANCES OF THE
4 CITY OF BOYNTON BEACH, CHAPTER 3, ALCOHOLIC
5 BEVERAGES, ESTABLISHING REGULATIONS REGARDING
6 THE POSTING OF UNDERAGE DRINKING SIGNS;
7 PROVIDING FOR CODIFICATION, CONFLICTS,
8 SEVERABILITY AND AN EFFECTIVE DATE.
9 WHEREAS, pursuant to Florida's Municipal Home Rule Powers Act, Chapter 166,
10 Florida Statutes, the City of Boynton Beach may exercise any power for a municipal purpose
11 unless otherwise expressly prohibited; and
12
13 WHEREAS, the City Commission of the City of Boynton Beach finds that underage
14 drinking and the service of alcoholic beverages to minors is a problem in the City of Boynton
15 Beach; and
16 WHEREAS, medical studies and highway statistics note serious health risks and
17 adverse effects associated with consumption of alcoholic beverages by minors; and
18 WHEREAS, the general public should be informed regarding the law prohibiting
19 ' service of alcoholic beverages to minors; and
20 WHEREAS, the general public should be informed regarding the penalties associated
21 with the sale or provision of alcoholic beverages to minors; and
22 WHEREAS, the posting of signs with such information by vendors and certain other
23 dispensers of alcoholic beverages warning of the prohibition against and the penalties
24 associated with the sale or provision of alcoholic beverages to minors will make the public
25 aware of the possible consequences of providing alcoholic beverages to underage minors; and
26 WHEREAS,the Palm Beach County Substance Awareness Coalition has endorsed the
27 posting of these types of signs as an effective measure to generate awareness and deterrence of
28 the provision of alcoholic beverages to underage minors; and
29 ; WHEREAS,the City Commission of the City of Boynton Beach finds that it will serve
30 the public health, safety and welfare of the citizens of the City of Boynton Beach to inform the
31 public as to penalties associated with selling alcohol to minors.
32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
33 " THE CITY OF BOYNTON BEACH, FLORIDA, that:
341 SECTION 1: The foregoing Whereas clauses are true and correct and incorporated herein by
35 : this reference.
36
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37 SECTION 2: The City Commission of the City of Boynton Beach, Florida hereby finds that
38 underage drinking and the service of alcoholic beverages to minors is a problem
39 in the City of Boynton Beach and that medical studies and highway statistics
40 note serious health risks and adverse effects associated with consumption of
41 alcoholic beverages by minors. The Commission further declares and finds that
42 the general public should be informed regarding the law prohibiting service of
43 alcoholic beverages to minors and the penalties associated with the sale or
44 provision of alcoholic beverages to minors and that the posting of signs with
45 such information by vendors and certain other dispensers of alcoholic
46 beverages warning of the prohibition against and the penalties associated with
47 the sale or provision of alcoholic beverages to minors will make the public
48 aware cf the possible consequences of providing alcoholic beverages to
49 underage minors. The Commission further finds that the Palm Beach County
50 Substance Awareness Coalition has endorsed the posting of these types of signs
51 as an effective measure to generate awareness and deterrence of the provision
52 of alcoholic beverages to underage minors. Accordingly,the Commission finds
53 that it will serve the public health, safety and welfare of the citizens of the City
54 of Boynton Beach to inform the public as to penalties associated with selling
55 alcohol to minors.
56 SECTION 3: The Code of Ordinances of the City of Boynton Beach at Chapter 3, Alcoholic
57 Beverages, Section 3-1, Definitions, is hereby amended to add the following
58 definitions. All other provisions of Section 3-1 shall remain unchanged.
59 Sec. 3-1. — Definitions.
61
62 Business establishment includes, but is not limited to, any place of business or any
63 club, organization, person, firm, corporation or partnership, such as: a golf club; country club;
64 veteran's fraternal or benevolent organization; grocery store; drug store; nightclub; bottle club;
65 cocktail bar; hotel bar; tavern; bona fide restaurant; restaurant bar; grill; filling station;
66 convenience store; package store; or any other building; structure or location or portion thereof,
67 wherein one person directly or indirectly pays another for purchase or dispensing of an
68 alcoholic beverage.
69
71
72 Conspicuously posted means clearly visible, easily readable and immediately apparent
73 upon viewing.
74
75 ***
76
77 Dispense means storing, handling, apportionment, preparation, gift, distribution, or
78 serving, directly or indirectly, of any amount of an alcoholic beverage to or for any person by
79 any officer, owner, operator, lessee, or employee of a business establishment. For purpose
80 of this definition, permitting or allowing any person to carry alcoholic beverages on the
81 premises of any business establishment to be consumed thereon shall constitute the
82 "dispensing" of such beverages.
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83
84 *"*
85
86 Minor means any individual under the legal drinking age as set forth in F.S. §§ 562.11
87 and 562.111, as may be amended or replaced.
88
89 ***
90
91 Person means an individual, person, firm, Joint venture, partnership, corporation,
92 estate, trust, business trust, syndicate, fiduciary, association, and all other groups or
93 combinations.
94
95 ***
96
97 Sale means any transfer of an alcoholic beverage for consideration, or any gift of any
98 alcoholic beverage in connection with or as a part of a transfer of any property or product for
99 consideration.
100
101 Vendor of alcoh)lic beverages means any person who owns or operates a business
102 establishment which sells or dispenses any alcoholic beverages for consumption on or off the
103 premises.
104
105
106 SECTION 4: The Code of Ordinances of the City of Boynton Beach at Chapter 3, Alcoholic
107 Beverages, Section 3-5, Possession or consumption prohibited, is hereby
108 amended to add subsections (c) and (d) which shall read as shown below. All
109 other provisions of Section 3-5 shall remain unchanged.
110 Sec. 3-5. — Possession or consumption prohibited
111 ************
112 c) All persons who own or operate a business establishment in the city which sells
113 or dispenses alcoholic beverages for consumption on or off the premises shall conspicuously
114 post a notice within said business establishment in such a place where alcoholic beverages
115 are either displayed, purchased, or consumed. Such notice shall comply with the requirements
116 of this section. Failure to post such required notice pursuant to the requirements of this section
117 shall constitute a violation of this ordinance. This restriction shall not apply to:
118 1. A bona fide restaurant without a restaurant bar. Such places of business
119 shall conspicuously post a notice within said business establishment in such a place where it
120 will be visible to all employees of said business.
121 d) Required notice shall consist of one or more signs or notices, each of which is
122 not less than ninety-three square inches (8-1/2" x 11"), with at least 30-point type, which
123 contains the following information, clearly discernable by persons to whom alcoholic beverages
124 may be sold or dispensed:
125 1. It is unlawful to purchase alcohol if you are under 21 years of age.
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126 2. It is unlawful to sell or dispense alcohol to persons under 21 years of
127 age, unless exempt pursuant to sections 562.11 or 562.13, Florida Statutes.
128 3. T'ie penalties a-sociated with the sale or dispensing of alcoholic
129 beverages to persons under 21 years of age include imprisonment in county jail
130 for a period of up to 60 days, a fine up to $500, or both.
131 4.3. A telephone number to report those who are in violation of the law. Such
132 telephone numbers may include but are not limited to:
133 a. 211 Palm Beach County;
134 b. 561-650-6840 — Division of Alcoholic Beverages and Tobacco.
135 c. 1-877 MEANS 21 (877-632-6721)
136
137 SECTION 5: Authority is hereby granted to codify the text amendments set forth in
138 Sections 2 through 4 of this Ordinance.
139 SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby
140 repealed.
141 SECTION 7: Should any section or provision of this Ordinance or any portion,
142 paragraph, sentence or word be declared by a court of competent jurisdiction to
143 be invalid, such decision shall not affect the validity of the remainder of this
144 Ordinance.
145 SECTION 8: This Ordinance shall take effect in accordance with law.
146 FIRST READING this /76day of Sef4erA6e,r , 2019.
147
148 SECOND, FINAL READING AND PASSAGE THIS day of 0(4.0 ,
149 2019.
150
151 CITY OF BOYNTON BEACH, FLORIDA
152
153 YES NO
154
155 Mayor— Steven B. Grant
156
157 Vice Mayor—Justin Katz ✓
158
159 Commissioner—Mack McCray
160
161 Commissioner—Christina L. Romelus ✓
162
163 Commissioner—Ty Penserga
164
165 VOTE S-0
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166
167 ATTEST:
168
169
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171 , Cl Gibson, MMC
172 '' Cilerk
173
174 �. r
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